On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 15/12/1998.
36.
—(1) Subject to this section, the Development Baseline for any land shall be the value of one of the following developments which, when calculated in accordance with the prescribed method and rates, gives the highest figure:
(a)
any development for which that land was allocated in the Master Plan as approved by the Governor in Council on 5th August 1958 under the provisions of Part IV of the Singapore Improvement Ordinance (Cap. 259, 1955 Ed.);
(b)
any development for which that land was allocated in the Master Plan as the result of any alteration or addition made under section 6(1) of the repealed Act prior to 24th April 1982; or
(c)
any development of that land in respect of which —
(i)
development charge, where payable, has been paid;
(ii)
no development charge is payable by reason of any exemption under this Act or the repealed Act; and
(iii)
development charge is not payable under the written law in force when written permission was granted for the development of that land or any part thereof.
(2) Notwithstanding subsection (1), where the value of any development referred to in subsection (1)(a) or (b) cannot be ascertained, the Development Baseline for the land concerned shall be determined without reference to any such development.
(3) Notwithstanding subsection (1)(c), any development of land, being a development in respect of which no development charge is payable by reason of any exemption under this Act or the repealed Act, shall be disregarded for the purposes of determining the Development Baseline for the land if any term of the exemption —
(a)
provides that the development must be disregarded for that purpose; or
(b)
has ceased to be or is not complied with.
(4) In determining the Development Baseline for any land, nothing in subsection (1) shall require any development of the land before the current zoning and previous zoning of the land took effect to be regarded; and “current zoning” shall mean the most recent zoning of the land as at the material date, and “previous zoning” shall mean the zoning of the same land immediately before the current zoning took effect.
(5) Notwithstanding subsections (1) to (4), where the Development Baseline for any land cannot be ascertained in accordance with those subsections, the Development Baseline for the land shall be deemed to be the value of the last development of the land before the material date, being a development which was authorised by any written permission granted under this Act or the repealed Act or by any written law for the time being in force.
(6) Notwithstanding subsections (1) to (5), where the Development Baseline for any land cannot be ascertained in accordance with those subsections, the competent authority may, with the prior approval of the Minister, assign the Development Baseline for that land.
(7) The Development Ceiling for any land shall be the total of the following when calculated in accordance with the prescribed method and rates:
(a)
the value of the development of the land previously authorised and to be retained; and
(b)
the value of the development of the land to be authorised by the written permission.
(8) In this section —
“material date” means the date when an application for planning permission or conservation permission is made and, in relation to subsection (4), an application to amend any such permission shall be disregarded;
“zoning”, in relation to any land, means the zoning or rezoning of the land pursuant to any amendment to the Master Plan under —
(a)
section 6(1) of the repealed Act before 24th April 1982; or
(b)
section 6(1) or (2) of the repealed Act or section 8(1) or (2) of this Act in relation to any development referred to in subsection (1)(c).