Singapore legislation
Clause 39
Clause 39
Alternative basis for determination of development charge
(1)
The Minister may limit the application of this section to proposed developments in respect of which the estimated amount of development charge payable under an interim order issued under section 38(2) exceeds a prescribed sum.
(2)
Any person who is dissatisfied with the estimated amount of any development charge specified in an interim order issued under section 38(2) may, within 14 days of the interim order being served on him in accordance with section 38(3), in writing request the competent authority to determine the development charge in accordance with this section.
(3)
Where any person makes such a request under subsection (2) in respect of any proposed development of any land, the development charge payable for any planning permission or conservation permission in respect of the proposed development shall be a prescribed percentage of any appreciation in the value of the land arising from the grant of the relevant permission to develop the land.
(4)
For the purposes of this section, the Chief Valuer or such other person as the Minister may appoint shall determine the amount of appreciation, if any, in the value of the land.
(5)
The competent authority may by an interim order require the payment of an estimated amount of development charge to be determined in accordance with this section and the provisions of section 38(2) and (3) shall apply, with the necessary modifications, to an interim order under this subsection.
(6)
Where an interim order is issued under subsection (5) in respect of any proposed development of land, the competent authority shall, within 12 months from the date of the grant of planning permission or conservation permission for that proposed development, determine the actual amount of development charge payable in accordance with this section and make a final order; and the provisions of section 38(5) to (7) shall apply, with the necessary modifications, to such interim order and final order.
(7)
Where a person liable to pay any development charge under this section is dissatisfied with —
the interim order under subsection (5);
the final order under subsection (6); or
the interim order deemed final pursuant to subsection (6),he may, within 30 days of the interim order or the final order under this section, or if no final order is made, after the expiry of the time allowed under subsection (6) for a final order to be made, appeal to the Minister whose decision shall be final.
(8)
A person who appeals to the Minister against an interim order under this section may nevertheless pay the estimated development charge under the interim order pending the outcome of his appeal and, upon the grant of the relevant written permission, may proceed with the development or works, but such payment shall be without prejudice to his appeal.
(9)
No person may appeal under subsection (7) unless he has paid the prescribed fee for the appeal.