Planning (Development of Land Authorisation for Specified Property) Notification 2015

No. S 411

Planning Act

(CHAPTER 232)

Planning (Development of Land
Authorisation for Specified Property)
Notification 2015

In exercise of the powers conferred by section 21(6) of the Planning Act, the Minister for National Development makes the following Notification:

Citation and commencement

1. This Notification may be cited as the Planning (Development of Land Authorisation for Specified Property) Notification 2015 and comes into operation on 1 July 2015.

[S 234/2017 wef 15/05/2017]

Definitions

2. In this Notification, unless the context otherwise requires —

“addition and alteration works” means any addition, alteration or improvement to or enlargement of any specified property, and includes the erection of a temporary structure on the specified property;

[S 234/2017 wef 15/05/2017]

“amusement centre”, “bar”, “child care centre”, “commercial school”, “community building”, “convalescent home”, “health centre”, “home for the aged”, “medical clinic”, “motor vehicle showroom”, “nightclub”, “nursing home”, “office”, “pet shop”, “restaurant”, “shop”, “showroom”, “sports and recreation building” and “warehouse” have the same meanings as in the Planning (Use Classes) Rules (R 2);

“applicable State property” means any State land or building on State land for which the State has granted a tenancy or licence but does not include excluded property;

“applicable statutory board property” means any land or building owned by a statutory board for which the statutory board has granted a tenancy or licence but does not include excluded property;

[S 234/2017 wef 15/05/2017]

“building” includes part of a building;

“community institution” means a building used to provide care or support services to cater to any social welfare need and includes a sheltered community home, a drug rehabilitation centre, an orphanage, a halfway house and a special education school but does not include —

(a)	a convalescent home or a nursing home; or
(b)	a building used solely for the reception and care of dying or terminally ill persons;

“excluded property” means —

(a)	any building in a conservation area marked as a conserved building in the conservation guidelines issued by the competent authority under section 11 of the Act; or
(b)	any monument in respect of which there is in force a preservation order under the Preservation of Monuments Act (Cap. 239);

“floor area” has the same meaning as in the Planning (Development Charges) Rules (R 5);

“foreign system school” means a private education institution registered under section 36 of the Private Education Act (Cap. 247A) that provides full-time primary or secondary education wholly or substantially in accordance with a foreign or international curriculum;

“industrial training” means training or teaching on the use of or involving the use of industrial machinery, industrial systems, industrial equipment or industrial components;

“land” includes part of the land;

“monument” has the same meaning as in section 2 of the Preservation of Monuments Act;

“specified property” means any applicable State property or applicable statutory board property;

[S 234/2017 wef 15/05/2017]

“statutory board” means a body corporate established by or under any public Act to perform or discharge a public function;

[S 234/2017 wef 15/05/2017]

“temporary structure”, in relation to any specified property, means a structure that a Collector of Land Revenue or the statutory board that owns that property, as the case may be, allows to be erected on the specified property only for a limited period of time under the tenancy or licence.

[S 234/2017 wef 15/05/2017]

Authorisation for specified property

3.—(1) Subject to paragraphs 4(1) and 5 and any other written law —

(a)	the making of any material change in the use of any applicable State property to any of the uses set out in the First or Second Schedule; or
(b)	the carrying out of any addition and alteration works on any applicable State property that is, or is to be, used for any of the uses set out in the First or Second Schedule,

is authorised under section 21(6) of the Act.

(2) Subject to paragraphs 4(2) and 5 and any other written law —

(a)	the making of any material change in the use of any applicable statutory board property to any of the uses set out in the Second Schedule; or
(b)	the carrying out of any addition and alteration works on any applicable statutory board property that is, or is to be, used for any of the uses set out in the Second Schedule,

is authorised under section 21(6) of the Act.

[S 234/2017 wef 15/05/2017]

Conditions of authorisation

4.—(1) Paragraph 3(1) applies only if all the following conditions are satisfied:

(a)

the competent authority does not require, in any particular case prior to the proposed material change in use and addition and alteration works being effected, the submission of an application for planning permission or conservation permission under section 13 of the Act for the proposed material change in use or addition and alteration works;

(b)

the prior approval of a Collector of Land Revenue (appointed under section 2 of the Land Revenue Collection Act (Cap. 155)) is obtained for the proposed material change in use or addition and alteration works;

(c)

any approval required from any other relevant authority for the material change in use or the addition and alteration works has been obtained prior to the effecting of the material change in use or addition and alteration works;

(d)

where addition and alteration works are carried out on the applicable State property, all such works must comply with all relevant planning guidelines, including guidelines on building setback, site coverage and building height, issued by the competent authority;

[S 234/2017 wef 15/05/2017]

(da)

where addition and alteration works are carried out on applicable State property that is, or is to be, used for any of the uses set out in the First Schedule, the addition and alteration works must not result in an increase in floor area exceeding 10% of the total existing floor area of the applicable State property, or in the case of vacant land, 10% of the existing land area of the applicable State property;

[S 234/2017 wef 15/05/2017]

(e)

the —

(i)	addition and alteration works on;
(ii)	material change in the use of; or
(iii)	use of,

the applicable State property does not create any nuisance, annoyance or inconvenience to the amenities of the surrounding locality.

[S 234/2017 wef 15/05/2017]

(2) Paragraph 3(2) applies only if all the following conditions are satisfied:

(a)

(b)

the prior approval of the statutory board that owns the land is obtained for the proposed material change in use or addition and alteration works;

(c)

(d)

where addition and alteration works are carried out on the applicable statutory board property, all such works must comply with all relevant planning guidelines, including guidelines on building setback, site coverage and building height, issued by the competent authority;

(e)

the —

(i)	addition and alteration works on;
(ii)	material change in the use of; or
(iii)	use of,

the applicable statutory board property does not create any nuisance, annoyance or inconvenience to the amenities of the surrounding locality.

[S 234/2017 wef 15/05/2017]

Authorisation to cease to apply in certain cases

5.—(1) Paragraph 3(1) immediately ceases to apply when —

(a)	the approval mentioned in paragraph 4(1)(b) is revoked or, for any other reason, ceases to be valid; or
(b)	any condition under paragraph 4(1) is not complied with.

(2) Paragraph 3(2) immediately ceases to apply when —

(a)	the approval mentioned in paragraph 4(2)(b) is revoked or, for any other reason, ceases to be valid; or
(b)	any condition under paragraph 4(2) is not complied with. [S 234/2017 wef 15/05/2017]

Made on 29 June 2015.

BENNY LIM

Permanent Secretary,
Ministry of National Development,
Singapore.

[SPD/Devt Control Policy/State Property; AG/LEGIS/SL/232/2015/5 Vol. 1; AG/CIV/GC70/MND/2015/6]

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