RES exam question on Planning & Development: the Planning Act
A landowner wishes to subdivide a single plot into two separately registrable lots. Under the Planning Act, what is required?
- ANo approval is needed so long as the plot is vacant and no buildings are involved
- BOnly a surveyor's certified plan lodged with SLA; no planning approval is needed
- COnly BCA approval under the Building Control Act; URA need not be consulted
- DSubdivision permission under s 12(3) of the Planning Act, for land and buildings
Show answer & explanation
Answer
D. Subdivision permission under s 12(3) of the Planning Act, for land and buildings
Explanation
Section 12(3) of the Planning Act 1998 says no person shall subdivide any land without subdivision permission, and s 13 says the application goes to the competent authority (URA). Section 4 defines subdividing: disposing of part of the land so that it can be registered as a separate lot or folio. "Land" in the Act includes buildings, so dividing a building into strata units needs the same permission. Subdivision permission is separate from the planning permission needed for "development" under s 12(1). A vacant plot still needs it. A surveyor's plan alone is not enough, and BCA approval covers building works, not subdivision.
Study the concept behind this question: Planning & Development Control: URA Master Plan, Zoning, GFA
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