The Planning (Amendment) Bill 2017 2nd Reading Speech by Minister Lawrence Wong

Feb 6, 2017

Madam Speaker, I beg to move, “That the Bill be now read a second time”.

The Planning Act, administered by the Urban Redevelopment Authority or URA, establishes the legal basis for the regulation of development, conservation, and land use planning in Singapore.  

As our built environment becomes denser, and land development becomes more complex, URA has to apply a keener eye to guide development plans so as to safeguard the vibrancy and liveability of our urban space.  The amendments proposed in this Bill have three broad aims:
a) First, to enhance the planning levers for URA to ensure a more liveable city; 
b) Second, to strengthen the regulatory regime for development plans, including penalties to deal with violations; and
c) Third, to calibrate and simplify the administrative processes involved in the execution of the Act.
I will go through these three in more detail.

A) Enhancing planning levers

Currently, URA may grant planning permission subject to certain conditions and technical requirements that developers have to fulfil. This allows URA to establish and advance good practices and design specifications that serve the public good. 

The Bill amends the Act to supplement the conditions that URA can place on developers seeking planning permission. These additional conditions aim chiefly to create a more liveable and walkable cityscape, for example through the provision of public spaces and pedestrian connections, and guiding the external appearance of buildings, like the night lighting of building facades.

The Bill also clarifies the persons who are required to comply with a planning condition.  Failure to comply with these conditions will amount to a breach of planning control, which is an offence.  This is to ensure that the public can continue to enjoy the pleasant environment and connectivity that was planned for at the outset, even if developments undergo a change of owners. 

That is on the first limb, which is to enhance the planning levers. 

B) Strengthening the regulatory regime

Clearer role for QPs

Next, let me touch on the provisions in the Bill to strengthen the regulatory regime. There are several amendments in this regard. Let me begin with the role of Qualified Persons (QPs).  The Bill introduces provisions relating to the responsibility of QPs, who are professionals such as architects, engineers and surveyors. Currently, developers applying for planning or conservation permission are not required by the Act to appoint a QP to prepare the plans and make submissions to URA, although in practice, most of them do so.  The Bill amends the Act to require that owners or developers appoint a QP to prepare these submissions to URA, in accordance with the Act’s (or URA’s) requirements. 

The developer will similarly have to appoint a QP to supervise the development or works.  This QP will have to notify URA if the works deviate from the approved plans or planning conditions, take reasonable steps to prevent deviations, and submit reports or declarations as required by URA.  This will minimise the need for subsequent rectification works, which can be costly for the developer or property owner.  URA will be empowered to require the developer to submit as-built plans prepared by a land surveyor to facilitate cross-checking against plans which are initially approved. 

With QPs engaged throughout the key stages of the development process and held accountable for the discharge of their professional work, the new provisions in the Act will ensure that planning controls and regulatory standards are observed in the course of development.  This serves to safeguard the quality of the environment, and at the same time, maintains good practices and overall standards in the industry.  Minor works and simple applications may reasonably be exempted from these requirements.

Enhanced powers of investigation

Another aspect of strengthening the regulatory regime is to have enhanced powers of investigation, which this Bill will provide for. 
a) In particular, where URA officers believe that persons might have knowledge of a violation, the officers will be empowered to require these persons to attend interviews and question them. 
b) Apart from verbally examining witnesses and recording statements, URA will also be able to require the production of information or documents relevant to the violation, and to take video evidence on site.
c) Where necessary, officers will be able to effect forced entry to carry out their investigation.
This broad set of provisions is aligned with the enforcement powers of other agencies.

Stricter penalties for unauthorised development/works

There are also stricter penalties for unauthorised developments or works. Where violations are uncovered, the Bill puts in place a series of penalties for the offences under the Act.

The current level of fines is too low to serve as a strong deterrent against unlawful activity or conduct.  For example, URA has increasingly encountered unauthorised dormitories, including some repeat offenders.  The penalties for demolishing a conserved building must also be enhanced as any unauthorised demolition will result in an irrevocable loss of our built heritage.

With that in mind, the Bill will put in place stricter penalties  
a) The maximum penalty for unauthorised development, works or subdivision for repeat offenders or for an offence involving the unauthorised use of any land or building for dormitory accommodation will be enhanced to include a custodial sentence.
b) The maximum penalty for the partial or full demolition of a conserved building is a fine of $500,000 or a custodial sentence or both.