11. Provisional permission
Feedback & supportLast amended by an amending law of 1989.
Without prejudice to section 10, the competent authority or the Minister, as the case may be, may at any time after an application for permission to develop any land under section 10(1) and before the application is determined in accordance with that section, provisionally grant permission to develop the land for such period, not exceeding 6 months, and subject to such conditions as he thinks fit, except that the competent authority or the Minister may extend the period of the provisional permission for such further period as he thinks fit.
In granting any provisional permission to develop any land, the competent authority or the Minister, as the case may be, shall act in conformity with the provisions of the Master Plan and any Certified Interpretation Plan in so far as they may be material thereto.
develop
“develop” means to carry out any building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any building or land:Provided that the following operations or uses of land shall not be deemed for the purposes of this Part to involve development of land:(a)the carrying out of works for the maintenance, improvement or other alteration of a building which do not materially affect the external appearance or the floor area of the building;(b)the carrying out by any statutory authority of any works required for the maintenance or improvement of a street being works carried out on land within the boundaries of the street;(c)the carrying out by any statutory authority of any works for the purpose of laying, inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;(d)the carrying out under the authority of any health authority under the Destruction of Disease-Bearing Insects Act of any act authorised under the provisions of that Act; (e)the use of any existing building or land within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such;(f)the use of any land for the purposes of agriculture or forestry (including afforestation), and the use for any of those purposes of any building occupied together with land so used.(2) For the avoidance of doubt, it is hereby declared that for the purposes of this section —(a)the use as two or more separate houses of any building previously used as a single house involves a material change in the use of the building and of each part thereof which is so used;(b)the use as a dwelling-house of any building not originally constructed for human habitation involves a material change in the use of the building;(c)the use for other purposes of a building or part of a building originally constructed as a dwelling-house involves a material change in the use of the building;(d)the demolition of, reconstruction of or addition to a building constitutes development;(e)the use for the display of advertisements of any external part of a building which is not normally used for that purpose involves a material change in the use of the building; and(f)the deposit of refuse or waste materials on land involves a material change in the use thereof notwithstanding that the land is comprised of a site already used for that purpose, if the superficial area or the height of the deposit is thereby extended:Provided that nothing in this paragraph shall be deemed to require permission in respect of the deposit of refuse or waste materials on a site already used for that purpose if the height of the deposit does not exceed the level of the land adjoining the site, and the superficial area of the deposit is not thereby extended. [10 In this Part, except where the context otherwise requires,
If the competent authority or the Minister, as the case may be, grants or refuses permission to develop any land which is the subject of any provisional permission to develop granted under this section, the provisional permission shall cease to have effect.
land
“land” includes buildings and any estate or interest in or right over land;
A valid and subsisting in principle approval for the development of any land given by the competent authority or the Minister before 1st September 1989 shall have the same force and effect as a provisional permission to develop the land granted under this section; and where any written law or document refers expressly or by implication to such in principle approval for development of land, the reference shall (except where the context otherwise requires) be construed as a reference to a provisional permission to develop the land. [9A