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Contents

Long Title

Part I PRELIMINARY

Part II MASTER PLAN AND CONSERVATION AREAS AND GUIDELINES

Part III DEVELOPMENT AND SUBDIVISION OF LAND

Part IV ENFORCEMENT

Part V DEVELOPMENT CHARGES

Part VI RECOVERY OF MONEYS

Part VII MISCELLANEOUS

Part VIII TRANSITIONAL AND SAVING PROVISIONS

THE SCHEDULE

Legislative History

 
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PART III
DEVELOPMENT AND SUBDIVISION OF LAND
Unauthorised subdivision, development and other works
12.
—(1)  No person shall without planning permission carry out any development of any land outside a conservation area.
(2)  No person shall without conservation permission carry out any works within a conservation area.
(3)  No person shall without subdivision permission subdivide any land.
(4)  Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding $200,000; and
(b)
in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part thereof during which the offence continues after conviction.
(5)  Where a person is convicted of an offence under subsection (4) in respect of any works on or any development or subdivision of land without having been served previously with an enforcement notice in respect of the works, development or subdivision, the competent authority may serve an order on the person directing him to remove from the land, within 14 days of the date of service of the order, all such property or materials used in connection with the offence as may be specified in the order.
Application for permission
13.
—(1)  An application for planning permission, conservation permission or subdivision permission shall be made to the competent authority in the prescribed form and manner.
(2)  The competent authority shall seek to determine such an application within 3 months of receiving it but may, where unavoidable circumstances so require, defer his determination for such further period as he thinks fit.
Applications determined with reference to Master Plan, etc.
14.
—(1)  Subject to subsection (2), in determining an application for written permission, the competent authority shall act in conformity with the provisions of the Master Plan and any Certified Interpretation Plan in so far as they may be relevant.
(2)  Where the Minister approves, the competent authority need not act in accordance with subsection (1) in any of the following circumstances:
(a)
the land to which the application relates (referred to in this subsection as the relevant land) is or will be required for any public purpose or for the provision of any utility services or infrastructural, social or transportation facility;
(b)
the relevant land, or its locality, is the subject of a planning, transportation, conservation or preservation study being carried out by the competent authority or any other public authority;
(c)
the provisions of the Master Plan in so far as it relates to the relevant land, or its locality, is being reviewed by the competent authority;
(d)
a proposal to amend the provisions of the Master Plan in so far as it relates to the relevant land, or its locality, has been submitted to the Minister for approval under section 8; or
(e)
the competent authority is of the view that the development proposed in the application is incongruent with the developments on land adjoining the relevant land or other land in the locality.
(3)  Where subsection (2) applies, the competent authority may determine the application in the manner as the Minister may approve.
(4)  Subject to any rules, the competent authority may —
(a)
grant written permission, either unconditionally or subject to such conditions as he considers fit, including those referred to in section 15; or
(b)
refuse written permission.
(5)  Where written permission is granted subject to conditions or is refused, the competent authority shall provide reasons in writing for imposing the conditions or refusing the application, as the case may be.
(6)  When an application for planning permission or conservation permission is made to the competent authority in relation to any land, the application shall supersede any previous application for planning permission or conservation permission relating to the same land which remains undetermined.
(7)  Unless otherwise approved by the Minister in writing, the planning permission or conservation permission of the competent authority shall be a condition precedent to the consideration by a licensing authority of any application for the issue of a licence for any purpose involving the development of land.
Conditional permission
15.
—(1)  All or any of the following conditions may be imposed on the grant under section 14(4) of any planning permission or conservation permission in respect of any land:
(a)
that the permission is granted for a specified period;
(b)
that any work shall be commenced by a specified time;
(c)
restrictions as to the height, design, appearance and siting of buildings;
(d)
that subdivision of the land is prohibited;
(e)
that deposits shall be placed with such statutory authority as the competent authority may specify to secure compliance with the requirements of that statutory authority;
(f)
that the title of any part of the land shall be transferred free from encumbrances to the State or any public authority;
(g)
that not less than 30% of the floor area of any development on the land shall remain in the ownership of one person for a period of 10 years from the date of the latest grant of a temporary occupation permit in respect of the development;
(h)
that such connecting structures (whether or not within the land) as the competent authority considers necessary are to be provided, maintained, kept open and accessible for use by the public or any occupier or other user of the land and any other land adjoining or in the locality; and
(i)
that the permission shall supersede any previous permission given by the competent authority to the applicant notwithstanding anything in section 20.
(2)  The following conditions may also be imposed on the grant of any conservation permission under section 14(4):
(a)
requirements for compliance with any conservation guidelines or any other requirements relating to conservation; or
(b)
requirements for making good any damage caused to the building by any works after the works are completed.
(3)  Any person who fails to comply with any condition imposed on any planning permission or conservation permission shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding $200,000; and
(b)
in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part thereof during which the offence continues after conviction.
(4)  Where any person fails to comply with any condition imposed on any planning permission or conservation permission, the competent authority may cancel the relevant permission.
(5)  In this section, “connecting structure” means any underpass, subway, bridge or other structure, whether under, above or on the ground and whether for pedestrians or vehicles, linking or connecting a building with another or a building with any public facility or street, and includes escalators, travelators and other facilities.
Subdivision permission: supplementary provisions
16.
—(1)  A planning permission or conservation permission may also, where it expressly so provides, contain subdivision permission.
(2)  A copy of every document containing subdivision permission shall be forwarded by the competent authority to the Collector together with a plan of the subdivision so authorised on which the dimensions of all lots, widths of streets and backlanes and such other particulars as the competent authority may consider necessary are shown.
Provisional permission
17.
—(1)  Where the competent authority so determines, he may grant any written permission as a provisional permission in the first instance.
(2)  The competent authority may authorise (generally or specially) the carrying out of specified preliminary works following the grant of provisional permission.
(3)  Any grant of provisional permission shall lapse 6 months following the date of its granting unless a longer period is specified in the provisional permission or the competent authority otherwise directs in writing.
(4)  Where the competent authority is satisfied that all the conditions contained in a provisional permission have been complied with during the validity period of the provisional permission, the competent authority shall grant final permission subject to such further conditions as he thinks fit.
(5)  A final permission granted under subsection (4) shall be deemed to be a written permission granted under section 14.
Outline permission
18.
—(1)  An applicant for planning permission or conservation permission may if he so desires apply in the first instance for outline permission in the manner prescribed.
(2)  An application for outline permission shall be determined on the same basis as an application for planning permission or conservation permission except that the competent authority shall have regard only to matters relating to land use, intensity, type, form and height of the proposed development or works.
(3)  Outline permission shall constitute approval in principle for the proposed development or works, but shall not authorise the carrying out of that development or works or any other development or works.
(4)  Any grant of outline permission shall lapse 6 months following the date of its granting unless a longer period is specified in the outline permission or the competent authority otherwise directs in writing.
(5)  Where subsequent to the grant of outline permission an application for planning permission or conservation permission is made during the validity period of the outline permission, the application shall be determined on the basis of the further details supplied on that subsequent application.
(6)  Section 22 shall apply, with the necessary modifications, to applications made under this section as it applies to applications made under section 13.
Rectification of errors and omissions
19.
—(1)  The validity of any written permission granted under this Part shall not be affected by any error in or omission of any particulars relating to the description of any land or boundary if the location and identity of the land are not in question.
(2)  The competent authority may at any time rectify any such error or omission by —
(a)
notification in the Gazette; or
(b)
amending or adding to the written permission to correct any matter erroneously entered or omitted.
Expiry of permissions
20.
—(1)  Except where the competent authority imposes a condition to the contrary, every planning permission and every conservation permission shall lapse if the development or works authorised by it are not completed or effected within 2 years of —
(a)
the date of the grant of the planning permission or conservation permission, as the case may be;
(b)
the date of the final permission granted under section 17(4); or
(c)
if an appeal is made under section 22, the date the appeal is determined or withdrawn.
(2)  The competent authority may, in his discretion, extend any planning permission or conservation permission on such terms and for such further period as he thinks fit.
Applications referred to Minister
21.
—(1)  The Minister may give directions to the competent authority requiring that all or any applications under section 13 or any class of applications specified in the direction shall be referred to him for determination instead of the competent authority, and every such application shall then be so referred to the Minister.
(2)  The decision of the Minister on such an application shall be communicated to the competent authority, who shall grant or refuse written permission in accordance with the decision, and, if written permission is granted, impose such conditions as the Minister may direct and such other conditions as the competent authority thinks fit.
(3)  The Minister shall, in determining any such application, have all the functions of the competent authority under this Act, and references to the competent authority shall accordingly be construed as references to the Minister.
(4)  Any decision by the Minister under this section shall be final, and shall not be subject to appeal under section 22 or challenged or questioned in any court; but any decision by the competent authority to impose conditions other than as directed by the Minister shall be subject to appeal under section 22 as if the conditions had been imposed by the competent authority under section 14(4).
(5)  Where the competent authority intends to develop or to carry out works within a conservation area on any land belonging to him, he may be directed by the Minister to furnish to the Minister particulars relating to the development or works and the Minister may give such further directions as he considers fit in relation thereto.
(6)  The Minister may authorise, by notification in the Gazette, either generally or in relation to any specified area, any development of land or works within a conservation area subject to such conditions as may be specified in the notification.
Appeals to Minister
22.
—(1)  Where an application for written permission under section 13 is —
(a)
refused by the competent authority;
(b)
granted by the competent authority subject to conditions; or
(c)
granted provisional permission under section 17 by the competent authority subject to conditions,
the applicant who is aggrieved by that decision may appeal to the Minister against that decision.
(2)  An appeal shall be made in the form and manner prescribed and within 60 days of the date of the notification of the decision.
(3)  Where an appeal is brought under this section against a decision of the competent authority, the Minister may dismiss or allow the appeal unconditionally or subject to such conditions as he considers fit.
(4)  The decision of the Minister on an appeal shall be communicated to the competent authority and the applicant.
(5)  Where the competent authority grants written permission in accordance with the decision of the Minister on appeal, the competent authority may, in addition to the conditions allowed by the Minister, impose such additional conditions as the competent authority thinks fit which shall not be inconsistent with the decision of the Minister on appeal.
(6)  Any decision by the competent authority to impose additional conditions under subsection (5) may be appealed against under subsection (1) as if the conditions were imposed under section 14(4).
(7)  The decision of the Minister shall be final and shall not be challenged or questioned in any court.
Registers and records
23.
—(1)  The competent authority shall keep a record of —
(a)
all written permissions granted or refused by him and by the Minister under this Part; and
(b)
all decisions made by the Minister on appeal under section 22.
(2)  The record shall include all relevant plans.
(3)  The record shall be made available for inspection to any member of the public on payment of such fees as may be prescribed.
(4)  The record may be kept in electronic form.
Obligation to purchase land in certain cases
24.
—(1)  Without prejudice to the operation of any other written law relating to the acquisition of land for a public purpose, any owner of land which is allocated in the Master Plan for development for a public purpose may serve on the competent authority a purchase notice requiring his interest in the land so required for that public purpose to be purchased in accordance with this section, if he —
(a)
is refused permission under section 14 to develop that land; or
(b)
has completed the development of any contiguous land belonging to him in accordance with any permission granted by the competent authority under section 14.
(2)  The person serving the notice shall certify that he has the consent of every person known to him to have an interest in the land.
(3)  The competent authority shall investigate every purchase notice so served and, when he is satisfied with the correctness thereof, he shall transmit the purchase notice to the Minister together with the following information:
(a)
the specific public purpose for which the land is allocated; and
(b)
any written permission granted to the owner of the land to develop it notwithstanding the allocation of the land for a public purpose.
(4)  The Minister may reject a purchase notice in whole or in part where, in his opinion, the land or part thereof —
(a)
is capable of reasonably beneficial use in its existing state; or
(b)
will not be required for development for a public purpose within 5 years from the date of service of the purchase notice.
(5)  Where, and to the extent that, he does not reject a purchase notice, the Minister shall declare that the land referred to in the purchase notice or any part thereof is needed for a public purpose and may order proceedings to be taken for —
(a)
obtaining possession of the land or part thereof for the State, the competent authority or any public authority; and
(b)
determining compensation to be paid to any person or persons interested therein.
(6)  Such compensation shall be assessed in the manner and according to the principles laid down in any written law for the time being in force relating to the acquisition of land for a public purpose, but account shall be taken of any such written permission for development granted as referred to in subsection (3)(b).
(7)  For the purposes of this section, the allocation of land in the Master Plan as being within —
(a)
a green belt; or
(b)
a conservation area,
shall not constitute an allocation for development for a public purpose.