Planning (Development of Land Authorisation for Last Approved Use) Notification 2017

No. S 231

Planning Act

(CHAPTER 232)

Planning (Development of Land Authorisation
for Last Approved Use) Notification 2017

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 (Development of Land Authorisation for Last Approved Use) Notification 2017 and comes into operation on 15 May 2017.

General definitions

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

“amusement centre”, “bar”, “massage establishment”, “motor vehicle showroom”, “nightclub”, “pub” and “restaurant” have the same meanings as in the Planning (Use Classes) Rules (R 2);

“authorisation” means a notification made under section 21(6) of the Act authorising any development of land or works within a conservation area;

“building” includes part of a building;

“food catering outlet” means a building that is used primarily for the manufacture, processing or preparation of ready‑to‑eat food for consumers’ immediate consumption at a venue other than where the food was manufactured, processed or prepared;

“motor vehicle shop” means a building used for —

(a)	the sale of motor vehicle parts and accessories; or
(b)	the repair or servicing of motor vehicles,

but does not include a motor vehicle showroom;

“permanent permission” means a planning permission or conservation permission granted for a specified period of more than 10 years or for no specified period;

“shophouse” means a 2, 3 or 4-storey terraced building that abuts a five‑footway and is approved for commercial use or commercial and residential use, but does not include a building that is or has been sold or leased by the Housing and Development Board under Part IV or IVB of the Housing and Development Act (Cap. 129);

“temporary permission” means a planning permission or conservation permission granted for a specified period of 10 years or less.

Meaning of “last approved use”

3. For any land or building in respect of which written permission is granted or an authorisation is given for the most recent development or works within a conservation area to be carried out on the land or building, the last approved use is —

(a)	where the written permission is a permanent permission, the purpose the land or building is authorised to be used under the penultimate permanent permission granted for the land or building; or
(b)	in any other case, the purpose the land or building is authorised to be used under the last permanent permission granted for the land or building.

Authorisation

4.—(1) Subject to sub-paragraph (2), where the most recent development or works within a conservation area on any land or building (called in this paragraph the relevant premises) is authorised under —

(a)	a planning permission or conservation permission, and the competent authority cancels the planning permission or conservation permission or the planning permission or conservation permission lapses; or
(b)	an authorisation, and a condition of the authorisation is breached,

any material change in use of the relevant premises, made on or after the date of the cancellation, lapsing or breach, as the case may be, is authorised under section 21(6) of the Act, if the change is to the last approved use for the relevant premises, and that last approved use is in conformity with the zoning in the Master Plan applicable to the relevant premises at the time the material change in use is made, and is not an inappropriate use.

(2) For the purposes of sub-paragraph (1), an inappropriate use is —

(a)

where the relevant premises is located within a conservation area shown in the maps set out in the Schedule or within a shophouse —

(i)	an amusement centre;
(ii)	a bar;
(iii)	a massage establishment;
(iv)	a nightclub;
(v)	a pub;
(vi)	a food catering outlet;
(vii)	a motor vehicle shop;
(viii)	a motor vehicle showroom; or
(ix)	a restaurant; and