Planning (Enterprise District — Lodgment Authorisation) Notification 2020

No. S 881

Planning Act

(CHAPTER 232)

Planning
(Enterprise District — Lodgment Authorisation)
Notification 2020

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 is the Planning (Enterprise District — Lodgment Authorisation) Notification 2020 and comes into operation on 12 October 2020.

Definitions

2. In this Notification —

“addition and alteration works” means any addition, alteration or improvement to or enlargement of any building or structure;

“certificate of statutory completion” means a certificate of statutory completion issued under section 12 of the Building Control Act (Cap. 29);

“Enterprise District” means the land located within any area demarcated on the plans in the Schedule;

“JTC” means the Jurong Town Corporation established by section 3(1) of the Jurong Town Corporation Act (Cap. 150);

“permissible use” means any use described in the Schedule to the Planning (Use Classes) Rules (R 2);

“prescribed fee” means the fee specified in item 42 of the First Schedule to the Planning (Fees) Rules 2014 (G.N. No. S 537/2014);

“public road” means any road over which the public has a right of way;

“relevant operations” means a development consisting of operations described in paragraph 3(a);

“temporary occupation permit” means a temporary occupation permit granted under section 12(3) of the Building Control Act.

Authorisation of development within Enterprise District

3. Subject to paragraphs 4, 5 and 6, the following types of development within an Enterprise District are authorised under section 21(6) of the Act:

(a)	any operations involving the development of land for the erection of a building or the carrying out of any addition and alteration works to an existing building;
(b)	the change in use of a building or any part of a building (called in this Notification the relevant premises) to a permissible use.

Conditions of authorisation

4.—(1) The authorisation for any development that consists of relevant operations within an Enterprise District applies only if all the following conditions are satisfied:

(a)

the operations do not result in any encroachment into any other land;

(b)

there is direct vehicular access to a public road from the land under development;

(c)

earthfill works on the land (if any) must not cause the level of any point in the land to be more than 1.5 metres above the lower of the following:

(i)	the level of that point in the land at the time when the land was leased or agreed to be leased by the State or a statutory body;
(ii)	the level of any point at the abutting edge of abutting land;

(d)

no part of any existing buildings or other structures on the land under development is unauthorised under the Act;

(e)

the developer appoints an architect or engineer as the qualified person in respect of the operations before the submission of the declaration mentioned in sub‑paragraph (f);

(f)

before commencing the operations, a declaration is made, in such form as the competent authority requires, by the qualified person appointed in respect of the operations, stating that —

(i)	the plans lodged with the competent authority under sub‑paragraph (g)(i) have been prepared in compliance with the relevant planning and urban design guidelines;
(ii)	any approval required for the operations from any other relevant authority, other than the approval of the Commissioner of Building Control mentioned in sub‑paragraph (g), has been obtained prior to the lodgment of the plans under sub‑paragraph (g)(i); and
(iii)	the qualified person is appointed in respect of the operations;

(g)

before submitting any application to the Commissioner of Building Control for approval of the building plans for the operations under the Building Control Act or, where no such approval is required under that Act, before commencing the operations, the following are lodged with the competent authority together with the prescribed fee:

(i)	the plans for the operations, prepared in compliance with the relevant planning and urban design guidelines and in the manner and scale required by the competent authority;
(ii)	the declaration mentioned in sub‑paragraph (f);
(iii)	the written consent of JTC to the development in the form required by the competent authority;
(iv)	where the person making the lodgment is not the owner of the land under development, the written consent of the owner of the land, in the form required by the competent authority;
(v)	any other documents relating to the operations that the competent authority requires in any particular case;

(h)

before commencing the operations, the competent authority confirms in writing that the documents mentioned in sub‑paragraph (g) have been lodged;

(i)

the operations are carried out in compliance with —

(i)	the plans that are lodged with the competent authority under sub‑paragraph (g)(i); and
(ii)	the requirements of all other relevant authorities;

(j)

before submitting the application to the Commissioner of Building Control for a temporary occupation permit or a certificate of statutory completion (whichever is earlier) in relation to any building that is the subject of the operations, the qualified person appointed in respect of the operations submits a declaration to the competent authority stating that, to the best of the qualified person’s knowledge and belief, the operations were carried out in accordance with sub‑paragraphs (a), (b), (c), (i) and (k), and that the condition in sub‑paragraph (d) is satisfied;

(k)

the operations comply with all relevant planning and urban design guidelines issued by the competent authority.

(2) The authorisation for any development that is described in paragraph 3(b) applies only if all the following conditions are satisfied:

(a)

any approval required from any other relevant authority for the change in use is obtained prior to making the change in use of the relevant premises;

(b)

no part of the relevant premises comprises works that are unauthorised under the Act;

(c)

before making the change in use of the relevant premises, a declaration and undertaking are made, in such form as the competent authority requires, by the person making the lodgment, stating that —

(i)	the plans lodged with the competent authority under sub‑paragraph (d)(i) have been prepared in compliance with the relevant planning and urban design guidelines;
(ii)	any approval required from any other relevant authority for the change in use is obtained prior to making the change in use of the relevant premises; and
(iii)	the change in use will be made in compliance with the plans lodged with the competent authority under sub‑paragraph (d)(i) and with the requirements of all relevant authorities;

(d)

before making the change in use of the relevant premises, the following are lodged with the competent authority together with the prescribed fee:

(i)	the plans showing the location of the land under development and the relevant premises within the land, and the layout of the relevant premises, prepared in compliance with the relevant planning and urban design guidelines and in the manner and scale required by the competent authority;
(ii)	the declaration and undertaking mentioned in sub‑paragraph (c);
(iii)	the written consent of JTC in the form required by the competent authority;
(iv)	where the person making the lodgment is not the owner of the relevant premises, the written consent of the owner of the relevant premises for the change in use, in the form required by the competent authority;
(v)	any other documents relating to the change in use that the competent authority requires in any particular case;

(e)

before making the change in use of the relevant premises, the competent authority confirms in writing that the documents mentioned in sub‑paragraph (d) have been lodged;

(f)

the change in use must comply with all relevant planning and urban design guidelines issued by the competent authority.

Expiry and extension of authorisation

5.—(1) Subject to sub‑paragraph (2) and paragraph 6(2) and (3), an authorisation for any relevant operations or change in use under paragraph 3 expires if the relevant operations are not completed, or the change in use is not made, within 2 years after the date of lodgment with the competent authority of —

(a)	the plans and documents specified in paragraph 4(1)(g) relating to the development if it consists of relevant operations; or
(b)	the plans and documents specified in paragraph 4(2)(d) relating to the development if that is described in paragraph 3(b).

(2) Subject to paragraph 6(2) and (3), the validity period of an authorisation under paragraph 3 for any development that consists of relevant operations is extended for a further period of 2 years if —

(a)

at any time before the expiry of —

(i)	the authorisation if not for this sub‑paragraph (called the original expiry date); or
(ii)	the validity period of the authorisation last extended by this sub‑paragraph,

the developer lodges, together with the prescribed fee, a notification to the competent authority that the development has not been completed; and

(b)

the development is not completed before the original expiry date or the end of the extended validity period in sub‑paragraph (a)(ii), whichever is applicable.

(3) To avoid doubt, 2 or more extensions are permitted under sub‑paragraph (2) in respect of an authorisation under paragraph 3 for any relevant operations.

Authorisation to cease to apply

6.—(1) Where the appointment of a qualified person in respect of any development that consists of relevant operations ends (whether because of death or termination of appointment or otherwise), the authorisation under paragraph 3 ceases to apply to the development starting the date that the appointment ended but resumes when —

(a)	another qualified person is appointed in respect of the relevant operations; and
(b)	the developer notifies the competent authority of the appointment.

(2) Upon any lodgment in accordance with paragraph 4(1)(g) in respect of any development that consists of relevant operations, any previous authorisation under paragraph 3 in respect of any operations for the same land under development that have not been carried out or completed ceases to apply.

(3) Upon any lodgment in accordance with paragraph 4(2)(d) in respect of any development described in paragraph 3(b), any previous authorisation under paragraph 3 in respect of any change in use for the same relevant premises that has not been made ceases to apply.

Made on 1 October 2020.

OW FOONG PHENG

Permanent Secretary,
Ministry of National Development,
Singapore.

[SPD/Plng Legis/Authorisation Notification; AG/LEGIS/SL/232/2015/22 Vol. 1]

Search within Legislation