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Concession taking into account Historical Base Value as in 2003 and 2003 Master Plan Value as in 2003

Land Betterment Charge (Concessionary Relief) Order 2022

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—(1) Subject to sub-paragraphs (4) and (5), land betterment charge is not payable for any chargeable consent that entitles a person to carry out any relevant development on land, to the extent specified —(a)for a relevant development described in sub‑paragraph (3), in sub‑paragraph (2) or (3), whichever is the higher; or(b)for any other case, in sub‑paragraph (2).(2) The amount of land betterment charge that is not payable because of the concession in sub‑paragraph (1) must not be more than the amount worked out as follows:(a)where the Historical Base Value as in 2003 of the land exceeds the 2003 Master Plan Value as in 2003 of the land, the amount worked out according to the formula(b)where the Historical Base Value as in 2003 of the land is equal to or less than the 2003 Master Plan Value as in 2003 of the land, the amount worked out according to the formulawhere —(c)E is the Pre-chargeable Valuation of the land;(d)F is the 2003 Master Plan Value of the land; and(e)G is the Historical Base Value of the land.(3) However, where the relevant development —(a)is on any land that —(i)is zoned in the 1958 Master Plan and the 1980 Master Plan for a non‑residential purpose; and(ii)has an existing single dwelling‑house on the land; and(b)is not the development of a single dwelling‑house on the land,the amount of land betterment charge that is not payable because of the concession in sub‑paragraph (1) must not be more than the amount worked out according to the formulawhere —(c)H is the floor area obtained by multiplying the area of the land by a factor of 0.7;(d)I is the rate specified in the prevailing Table of Rates Regulations corresponding to Use Group B1 and the appropriate geographical sector of the land.(4) The concession in sub-paragraph (1) is disapplied with respect to any chargeable consent that entitles a person to carry out any relevant development on land if —(a)any liability to pay —(i)any development charge under section 35 of the Planning Act 1998 for the last authorised development of the same land was the subject of an exemption under rule 4 of the Planning (Development Charge — Exemption in relation to Historical Base Value) Rules 2008 (G.N. No. S 112/2008); or(ii)any land betterment charge for the last authorised development of the same land was the subject of a concession under sub‑paragraph (1); and(b)the following were earlier paid:(i)development charges under the Planning Act 1998 or the predecessor Act, in the case of a last authorised development mentioned in sub‑paragraph (a)(i);(ii)land betterment charges under the Act, in the case of a last authorised development mentioned in sub‑paragraph (a)(ii).(5) Without limiting sub-paragraph (4), the concession in sub‑paragraph (1) is also disapplied with respect to any chargeable consent that entitles a person to carry out any relevant development on land if —(a)the Pre-chargeable Valuation of the land is equal to or exceeds the Historical Base Value of the land;(b)the Pre-chargeable Valuation of the land (worked out under the prevailing Table of Rates Regulations where the value of “D” in the formula in regulation 5 of those Regulations uses the fixed rate and the corresponding geographical sector in the Fifth Schedule instead of the rate and geographical sector in the prevailing Table of Rates Regulations) is equal to or exceeds the Historical Base Value of the land (worked out using the fixed rate and the corresponding geographical sector in the Fifth Schedule in place of the rate and geographical sector in the 2003 DC rules); or(c)the Historical Base Value as in 2003 of the land, the Historical Base Value of the land, the 2003 Master Plan Value as in 2003 of the land or the 2003 Master Plan Value of the land cannot be determined in accordance with this Order.

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