Planning Act 1998 · 2020 Revised Edition · Part 3 · Development and Subdivision of Land
15. Conditions for planning permission or conservation permission
Feedback & supportLast amended by an amending law of 2017. 2 amendments in all.
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:
planning permission
“planning permission” means permission mentioned in section 12(1);
that the permission is granted for a specified period;
that where the permission is granted for a specified period, any building or works authorised by the permission must be removed, or the use of the land so authorised must be discontinued, at the end of the specified period, and that any works for the reinstatement of the land at the end of that period must be carried out;
that any work must be commenced by a specified time;
restrictions or requirements specified by the competent authority as to the height, design, appearance and siting of any building, including the use of lighting in the design and appearance of the building;
that subdivision of the land is prohibited;
that a banker’s guarantee must be issued to, or deposits must be placed with, the competent authority or such statutory authority as the competent authority may specify to secure compliance with the requirements of the competent authority or that statutory authority;
that the title of any part of the land must be transferred free from encumbrances to the State or any public authority;
that such areas within the land as the competent authority considers necessary are to be provided, maintained and kept open and accessible for use by the public as paths or open spaces, without any compensation;
that such connecting structures (whether or not within the land) as the competent authority considers necessary are to be provided, maintained and 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, without any compensation;
that a knock-out panel must be provided at any part of the land, and must be removed when the competent authority requires the owner or occupier of the land to do so, so as to allow the land to be connected to any adjoining land or building;
that the permission supersedes any previous permission given by the competent authority to the applicant despite anything in section 20.
To avoid doubt, the common law on dedication of land does not apply in relation to any area or connecting structure mentioned in subsection (1)(h) or (i) to create any interest in land.
land
“land” includes buildings and any estate or interest in or right over land;
The following conditions may also be imposed on the grant of any conservation permission under section 14(4):
conservation permission
“conservation permission” means permission mentioned in section 12(2);
requirements for compliance with any conservation guidelines or any other requirements relating to conservation;
requirements for making good any damage caused to the building by any works after the works are completed;
where the approval of the Commissioner of Building Control under the Building Control Act 1989 is required to be obtained for the plans of the building works with regard to any works within a conservation area, requirements for the submission to the competent authority, within 7 days of the application for approval made to the Commissioner of Building Control, of a declaration by the qualified person who submitted the plans of the building works for the application to the Commissioner of Building Control that those plans are in accordance with the plans approved by the competent authority in the grant of the conservation permission.
Where a condition is imposed under section 14(4) on the grant of planning permission or conservation permission in respect of any land —
every person carrying out any development of the land;
every person carrying out any works within a conservation area on the land; and
every owner or occupier of the land,must each comply with the condition, whether or not the person, owner or occupier applied for the permission or owned or occupied the land at the time the permission was granted.
A person shall be guilty of an offence if the person —
is required by subsection (4) to comply with a condition imposed on a planning permission or conservation permission;
carries out or permits the carrying out of any development of land, any works within a conservation area or any other activity in contravention of that condition; and
knew or ought reasonably to have known, when carrying out, or permitting the carrying out, of the development, works or activity, that the development, works or activity is in contravention of the condition.
Subject to subsections (7) and (8), any person found guilty of an offence under subsection (5) shall be liable on conviction —
to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction; or
if the person is a repeat offender, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.
Where a contravention of subsection (4) by a person includes the demolition of a building (or part of a building) in a conservation area, the person convicted of an offence under subsection (5) for the contravention shall, in lieu of the punishment prescribed in subsection (6), be liable —
building
“building” includes any house, hut, shed or roofed enclosure (whether used for the purpose of human habitation or otherwise) and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure or foundation connected to the foregoing;
to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 12 months or to both; and
in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.
Where a contravention of subsection (4) by a person involves the use of any land or building to provide dormitory accommodation, the person convicted of an offence under subsection (5) for the contravention shall, in lieu of the punishment prescribed in subsection (6), be liable —
dormitory accommodation
“dormitory accommodation” includes accommodation occupied, or available for occupation, by 7 (or such other number as the Minister may, by notification in the Gazette, prescribe in substitution) or more individuals, where rent or other form of consideration is paid or given for the accommodation, whether by an occupant or another person, and whether or not the relationship of landlord and tenant is thereby created, except where the occupants consist only of the following:(a)an individual who is related by blood, marriage or adoption (by virtue of an order of court in Singapore or elsewhere) to all other occupants except an occupant mentioned in paragraph (b) or (c);(b)a domestic worker whose work permit states the premises occupied as the domestic worker’s residential address;(c)an individual engaged to provide care or medical assistance to another occupant;
to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both; and
in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.
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.
In this section —
“connecting structure” means any underpass, subway, bridge or other structure, whether under or above ground or at grade and whether for pedestrians or vehicles, linking or connecting —
a building with another building;
a building with any public facility, space or street; or
street
“street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and includes also any road, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; and all channels, drains and ditches at the side of any street are deemed to be part of that street;
a public facility, space or street with another public facility, space or street,and includes escalators, travellators and other facilities but does not include a railway tunnel or any part of it;
“repeat offender” means a person who is convicted, or found guilty, of an offence (other than a continuing offence) under subsection (5) and has (whether before, on or after 15 May 2017) been convicted or found guilty on at least one other earlier occasion of —
an offence under subsection (5); or
an offence under section 15(3) of this Act as in force immediately before that date.