Managing Land through Development Control in Singapore SDN learning event 27 Jan 2010 Washington, DC

Transcription

1 Managing Land through Development Control in Singapore 1 SDN learning event 27 Jan 2010 Washington, DC Belinda Yuen

2 Learning Content 2 Singapore experience Development vision Land use control

3 Letʼs Begin 3 Singapore experience Development vision Land use control

4 Singapore Highly urbanised city state Land area: 700 sq km Population: 4.8 million 4 Singapore

5 Singapore in the 1960s 5

6 From this to that 6

7 Singapore in the 1990s 7

8 The Future Singapore 8

9 Content 9 Singapore experience Development vision Land use control

10 Development Vision 10 Towards a tropical city of excellence (1991) A dynamic, distinctive and delightful city to live, work and play (2001) A sustainable Singapore (2008) A lively, liveable and well-loved home (2010)

11 Salient Strategies 11 Singapore Concept Plan Time: year X Quantity: 5.5 million 4/5 new development Position: One of the most liveable cities in Asia Form: 730 sq km high density but spacious, green environment working infrastructure

12 12

13 Content 13 Singapore experience Development vision Land use control

14 Order from Chaos 14 Dan Brown: The Lost Symbol

15 Singapore Planning Framework 15

16 What is development control? 16 implementation of physical planning and enforcement of planning rules and standards through the Planning Act deals with use and control of land and building sets out a procedure for the seeking of and giving of decisions on planning permissions sets out the limits within which planning controls operate (safeguard against arbitrariness and abuse of power) provides mechanisms and remedies for legal challenges to the process/system if people feel aggrieved

17 Why do we need to control development? 3-fold objective in controlling development 1. to implement policy of development plans to minimize conflict between various activities 3. to promote economic and social welfare NOTE: to an extent, the rationale for development control is also the rationale for town planning in modern urbanized societies

18 Question 18 Is the regulatory role of the government more/less important in a market economy than a socialist economy? Why?

19 According to Alain Bertaud In a socialist economy, the government is a planner, a developer and a builder its role as regulator is secondary In a market economy, the government is a regulator first 19 its role as developer is much reduced to primary infrastructure and some social facilities it has no role as a builder

20 How is land development regulated? 20 Subject to statutory control NO DEVELOPMENT COULD BE UNDERTAKEN WITHOUT PRIOR WRITTEN PERMISSION Main statute underlying this control is The Planning Act

21 THE PLANNING ACT No an act to provide for the planning and improvement of Singapore Confers upon CA certain statutory powers: POWER TO PLAN POWER TO CONTROL DEVELOPMENT OF LAND

22 The Planning Act---8 main parts 22 Part I Preliminary: deals with definition of terms eg building, master plan, etc meanings of ʻdevelopmentʼ and ʻsubdivideʼ S3(1) of the Planning Act defines development as: the carrying out of any building, engineering, mining, earthworks or other operations in, on, over or under land, or to the making of any material change in the use of any building or land appointment of competent authority Part II Master Plan & Conservation Areas & Guidelines: deals with provisions relating to Master Plan & designation of conservation areas

23 Selected important provisions 23 Part III---Development & subdivision of land enables planning authority to control all development of land sets out the rights and obligations of both land owners and competent authority S12---prohibits any development of land, any works in a conservation area and any subdivision of land without planning permission, conservation permission and subdivision permission respectively S22---provides for appeals to be made to the Minister against determination of competent authority

24 Selected important provisions Part IV---Enforcement: deals with breaches of planning control and enforcement of planning control S25 empowers competent authority to investigate breaches of planning control through collection of information about activities on the land by an information notice S26 spells out penalties for non-compliance with information notices S28 gives competent authority power to issue and serve enforcement notice S29 allows for appeals to the Minister against enforcement notices 24

25 ENFORCEMENT OF PLANNING CONTROL 25 Enforcement notice must be in writing besides breach of planning control, notice will specify measures to be taken to remedy the breach and time allowed for compliance Breach of planning control may be discovered through a neighborʼs complaints or by inspectors

26 Negative but Supportive Development control is often termed as negative planning It controls by refusing planning permission The regulatory role of government is extremely important to allow real estate markets to work 26 Aside from clear objectives and strategies, planners have introduced innovations to stay ahead of the curve - Make it easier, faster and cheaper for people to do business

27 Staying ahead of the curve Simplified planning approval system Electronic development application (1999) Dialogue with industry to improve DC guidelines 27

28 Simplified Planning Approval System 28

29 Building a warehouse From Doing Business 29 Estimated value: S$500,000

30 Performance zoning 30

31 Take-out Point from Alain Bertaud In making decisions about regulations or planning land use, urban planners should always try to anticipate the reactions of the market Potential negative side effects of regulations and investments should always be studied Planners do not design cities, they only provide a framework affecting the supply and demand for land and floor space 31

32 References P Motha and B Yuen (1999) Singapore Real Property Guide, Chp 6-7 N Khublall and B Yuen (19991) Planning Law and Development Control in Singapore B Yuen (2009) Guiding spatial changes: Singapore urban planning in S Lall et al (ed) Urban Land Markets: Improving Land Management for Successful Urbanization 32