What is Section 73 of the planning Act?

Section 73 of the Town and Country Planning Act 1990 allows applications to be made for permission to develop without complying with a condition(s) previously imposed on a planning permission.

Can you appeal a s73 application?

In that case, on an appeal against the refusal of a section 73 application by the Local Planning Authority, a Planning Inspector approved an amended condition increasing the height of wind turbines by 25 metres, even though the description of the original development imposed a limit of 100 metres.

What is the planning Act Singapore?

An Act to provide for the planning and improvement of Singapore and for the imposition of development charges on the development of land and for purposes connected therewith.

Can you change a description of development?

The Court of Appeal has overturned a High Court decision and concluded that an Inspector should not have altered a description of development in the course of granting a section 73 (s73) planning permission, as it was beyond her powers.

What is a Section 73 in housing?

Section 73 of the Town and Country Planning Act 1990 allows your applications to be made for permission to develop without complying with a condition previously imposed on a planning permission.

How long does a Section 73 take?

A decision should be made in eight weeks (or 13 weeks for major applications) and has the effect of creating a new planning permission alongside the original permission.

Can you add conditions to a section 73?

Section 73 of the Town and Country Planning Act 1990 enables an applicant to apply to develop land without compliance with conditions attached to an extant previous planning permission. Under this section a local planning authority may amend or remove conditions but may not amend any other part of the permission.

How do you challenge a planning condition?

Negotiate with the planning officer That will allow you to cut off any unwanted conditions at the pass. That way, if you do spot an unwanted condition, you can approach the officer to remove the condition in the first instance in case it was mistakenly attached.

What are 3 uses for land in Singapore?

Singapore use 14 %of land for housing, 13 %of land for industry, 8%of land for parks and nature reserves, 19% of land for recreation facilities, 3%of land for utilities, 12 % of land for land transport infrastructure, 5 %of land for reservoirs, 3 % of land for airport, 8%of land for defence requirements and 14 % of …

What is plot ratio Singapore?

Plot ratio tells you how intensively a plot of land can be used for developments; for example, how likely it is to contain skyscrapers or tall buildings. The plot ratio determines the maximum gross floor area (GFA) of any development on that land parcel.

Can Section 73 change the description of development?

The ruling now confirms that under s73, Councils may only amend, remove or add conditions attached to that permission and they cannot amend the description of development.

Can you do a section 73 on a reserved matters approval?

“The one condition that cannot be dispensed with under this power is a condition limiting the time within which development must be begun or an application for the approval of reserved matters must be made: section 73(4).

Who can make a section 73 application?

developers
Section 73 of the 1990 Act provides that developers can make “applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted”.

How much does a Section 73 cost?

It costs $922.64 including GST to apply for your Section 73 Compliance Certificate through Sydney Water Developer Direct. The application fee covers: assessment of your building plans and development application. your Notice of Requirements if you need to construct something.

Who owns Singapore land?

Due to the origins of the land law in Singapore, all land ultimately belongs to the state and you can only own an estate or some lesser interest in the land.

What does plot ratio 2.8 mean?

For example, if a developer is determining the potential value of a piece of land with a GPR of 2.8 and a land size of 100,000 square feet. The GFA is simply 2.8 * 100,000 = 280,000 gross floor area. So the higher the number, the more units that can be built on that piece of land.

Is car park included in GFA?

Vehicle parking related areas on car park floors are excluded from GFA. This includes car parking lots, driveways, residual areas1 and corridors2 leading to a car park lift lobby. Residual areas incapable of accommodating an additional car park lot.

How is plot coverage calculated?

Plot coverage is defined as ‘total gross building footprint’ divided by the total site area.

What is section 73 of the town and Country Planning Act?

Section 73 of the Town and Country Planning Act 1990 enables an applicant to apply to develop land without compliance with conditions attached to an extant previous planning permission. Under this section a local planning authority may amend or remove conditions but may not amend any other part of the permission.

Can you vary the description of a development under Section 73?

The effect of the High Court decision had been that section 73 of the Town and Country Planning Act 1990 could be used to vary not just the conditions to a planning permission, but also the description of the development itself. The Court of Appeal has, however, ruled that to vary the description of development is outside the remit of section 73.

Can a planning authority impose a condition contrary to Section 73?

Second, a planning authority (or inspector upon appeal) cannot, pursuant to section 73, impose a condition which is directly contrary to the terms of the operative part of a planning permission.