Rapid Transit Systems (Development and Building Works in Railway Corridor and Railway Protection Zone) Regulations 2021

the development —

is supervised by a qualified person appointed under regulation 11(1)(a) or (b)(i) to supervise the development; and

is carried out in accordance with an approved proposal (including any amendment approved for the proposal) for the development; and

a permit mentioned in regulation 10 has been granted for the engineering works involved in the development.

any development, knowing that or rashly or negligently failing to ascertain whether the carrying out of the development is in contravention of paragraph (1); or

any building works, knowing that or rashly or negligently failing to ascertain whether the carrying out of the building works is in contravention of paragraph (2).

be made and signed by a qualified person appointed under regulation 11(1)(a) or (b)(i) to supervise the development;

be submitted only after the application for planning permission for the development is made to the competent authority under section 13(1) of the Planning Act 1998; and

be accompanied by the following:

a plan —

consisting of or containing the site and location of the site of the development; and

showing the location of the site of the development in relation to the railway or railway area;

a layout plan of the development;

a plan consisting of or containing the sections and elevations of any building or structure comprised in the development;

an engineering evaluation report on how the development may affect the structural integrity of any structure associated with a rapid transit system or its safe and efficient operation and functioning;

any other declaration, information, instrument, plan or document that the Authority requires to decide on the application;

where the development is a development of land for which the written permission of the competent authority is required under the Planning Act 1998, a copy of that valid written permission or provisional permission.

be made and signed by a qualified person appointed under regulation 11(1)(b)(i) to supervise the development;

be submitted at the same time the plans for the building works are submitted to the Commissioner of Building Control under the Building Control Act 1989;

be submitted before the end of the period of 12 months after the date on which the Authority approves the development proposal for the development; and

be accompanied by the following:

a plan —

consisting of or containing the site and location of the site of the development; and

showing the location of the site of the development in relation to the railway or railway area;

a layout plan of the building works;

a plan consisting of or containing the sections and elevations of any building or structure comprised in the building works;

an engineering evaluation report on how the building works may affect the structural integrity of any structure associated with a rapid transit system or its safe and efficient operation and functioning;

any other declaration, information, instrument, plan or document that the Authority requires to decide on the application.

be made and signed by the qualified person; and

be accompanied by —

the approved proposal with the amendment sought indicated on it; and

any other declaration, information, instrument, plan or document that the Authority requires to decide on the application.

if the development or building works for which the development proposal or building proposal is approved does not start before the end of the must-start window period for that development or building works, as the case may be;

upon the failure to comply with any condition or requirement imposed by the Authority under regulation 19 in relation to the approved proposal;

upon the failure to comply with any written notice given under regulation 16, 17 or 18; or

upon the revocation by the Authority of the approval for the development proposal or building proposal, as the case may be.

any information or document submitted to the Authority in connection with any of the following is false or misleading:

any application for approval of a development proposal or building proposal under regulation 4 or 5;

any application for approval to amend the approved proposal under regulation 6;

any application for an extension of the period for the development mentioned in regulation 8(1)(a);

any person mentioned in regulation 13 has failed to comply with any duty set out in that regulation;

the development proposal or building proposal does not comply with the code of practice mentioned in regulation 14 or any requirement specified by the Authority;

the carrying out of the development or building works for which the development proposal or building proposal was approved contravenes the code of practice mentioned in regulation 14.

give the developer and the qualified person appointed under regulation 11(1)(a) or (b)(i) to supervise the development written notice of the Authority’s intention to do so; and

call on the developer or qualified person appointed under regulation 11(1)(a) or (b)(i) to supervise the development to show cause to the Authority why the approval should not be revoked.

a period of 24 months after the date the Authority approves the development proposal for the development; or

any extension under this regulation of the period in sub‑paragraph (a).

the end of that period; or

where any extension is granted, the last extension lapses.

be made and signed by a qualified person appointed under regulation 11(1)(a) or (b)(ii) to supervise the engineering works under the development; and

be accompanied by the following:

where the engineering works are part of a development of land for which the written permission of the competent authority is required under the Planning Act 1998, a copy of that valid written permission or provisional permission;

an engineering plan for the engineering works involved in the development;

the notice of approval given by the Authority in approving the development proposal for the development;

if the development involves building works — the notice of approval given by the Authority in approving the building proposal for the building works;

any other declaration, information, instrument, plan or document that the Authority requires to decide on the application.

if the development does not involve building works — appoint a professional engineer under the Professional Engineers Act 1991 who has in force a practising certificate issued under that Act, as a qualified person to supervise —

the development; and

the engineering works under the development; and

if the development involves building works — appoint the following persons:

either —

an architect under the Architects Act 1991 who has in force a practising certificate issued under that Act; or (B)if the Authority so approves, a professional engineer under the Professional Engineers Act 1991 who has in force a practising certificate issued under that Act,as a qualified person to supervise the development;

a professional engineer under the Professional Engineers Act 1991 who has in force a practising certificate issued under that Act, as a qualified person to supervise the engineering works under the development.

a qualified person appointed under paragraph (1) ceases to carry out his or her duties under that paragraph; and

an application for the approval of the development proposal for the development has been submitted under regulation 4,the developer of that development must, in accordance with paragraph (1) and without delay, appoint another qualified person to supervise the development or the engineering works under the development (as the case may be) and ensure that notice of the appointment is given in the form and manner specified by the Authority no later than 7 days after the appointment.

give to the Authority at least 7 days prior notice of the following:

the start of any development within a railway corridor or railway protection zone;

the resumption of any development that had been suspended;

exercise due diligence in supervising the development;

take all reasonable steps when supervising the carrying out of the development, to ensure that the development is carried out in accordance with —

these Regulations;

the approved proposal for the development and (if applicable) the approved proposal for the building works; and

any requirement or condition imposed by the Authority under regulation 16(a) or 19(2)(a), respectively;

notify the Authority of any contravention of —

these Regulations; or

any requirement or condition imposed by the Authority under regulation 16(a) or 19(2)(a), respectively; and

keep and maintain at the premises at which the development is carried out, any document, book or record that the Authority requires.

publish a notice of the issue, amendment or revocation (as the case may be) in a manner that will secure adequate publicity for the issue, amendment or revocation;

specify in the notice the date of issue, amendment or revocation, as the case may be; and

ensure that, so long as the code of practice remains in force, copies of that code and of all amendments to it, are available free of charge to any person to whom the code applies.

is in contravention of —

these Regulations; or

the code of practice mentioned in regulation 14;

endangers or is likely to endanger the safety of any person travelling in or on the railway or railway premises;

causes damage to or is likely to cause damage to the railway or railway premises; or

disrupts or is likely to disrupt the operations of a rapid transit system.

the developer of the development;

a person carrying out the development;

a qualified person appointed under regulation 11(1) to supervise the development or the engineering works under the development, as the case may be.

approve the application subject to any conditions that the Authority may impose;

direct the qualified person who submitted the application to comply with any requirements specified by the Authority with respect to the subject matter of the application and resubmit the application within the specified period;

refuse to approve the application.

the information contained in every document, information, instrument, report or plan is true and correct in all material particulars;

every document, information, instrument, report or plan has been completed or prepared in accordance with all requirements specified by the Authority; and

the development proposal or building proposal (as the case may be) complies with all requirements specified by the Authority.

any development or building works within a railway corridor or railway protection zone if the application for the approval of any plans relating to the development or building works under regulation 4(1) of those Regulations was made before 27 September 2021 (whether the approval is given before, on or after that date);

any plans relating to any development or building works within a railway corridor or railway protection zone that was approved under regulation 4(4) of those Regulations before 27 September 2021 and is valid immediately before that date;

an application for the approval of any plans relating to any development or buildings works within a railway corridor or railway protection zone made under regulation 4(1) of those Regulations that is pending immediately before 27 September 2021;

a permit to carry out works within a railway corridor or railway protection zone that was granted under regulation 6(4) of those Regulations before 27 September 2021 and in force immediately before that date;

any application for a permit to carry out works within a railway corridor or railway protection zone under regulation 6(1) of those Regulations that is pending immediately before 27 September 2021.