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KERALA TOWN AND COUNTRY PLANNING ACT, 2016

T
Tulika Kumar

The document outlines the Kerala Town and Country Planning Act of 2016 which aims to promote planned development and regulate growth in urban and rural areas through scientific spatial planning. It establishes various planning bodies like the State Town and Country Planning Board, District Planning Committees, Metropolitan Planning Committees, and local planning authorities, and mandates the preparation of perspective plans and execution plans at the state, district, and local levels to guide development. The act also provides these bodies with powers to implement plans, regulate land use, and prepare schemes to control development.

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P R E S E N T E D B Y : T U L I K A 2 1 5 0 3 0 0 0 2 9 R E G I O N A L E N V I RO N M E N TA L P L A N N I N G S T U D I O School of Planning and Architecture, Vijayawada AUGUST, 2016 The Kerala Town and Country Planning Act, 2016 Source: The Kerala Town and Country Planning Act Notification dated 17th March, 2016
• The promotion of planned development • Regulation of growth of urban and rural areas • Focus on scientific spatial planning • Secure their present and future inhabitants • Sanitary conditions • Amenity and convenience KERALA TOWN & COUNTRY PLANNING ACT, 2016 P R E S E N T E D B Y : T U L I K A 2 1 5 0 3 0 0 0 2 9 ACT 9 OF 2016 THE KERALA TOWN AND COUNTRY PLANNING ACT, 2016 AN ACT to provide for the promotion of planned development and regulation of growth of urban and rural areas in the State with focus on scientific spatial planning and to secure to their present and future inhabitants, sanitary conditions, amenity and convenience and for other matters connected therewith or incidental thereto. PREAMBLE
BOARD CHAIRPERSON VICE-CHAIRPERSON(S) 31 OTHER MEMBERS POWERS AND FUNCTIONS OF THE BOARD advise the Government on policy formulation for spatial planning guide and advise the DPC and MPC co-ordinate, monitor and evaluate the spatial planning prepare or get prepared the Perspective Plan for the State prepare or get prepared plans for any area within the State falling in more than one district evaluate and review the operations made by various Local Self Government Institutions advise the Government on: (i) resolving issues, pertaining to inter-district spatial planning and infrastructure development (ii) identification of probable location of major investment inputs which are likely to have substantial impact on the development scenario of the State BOARD MEMBERS KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
MATTERS THAT MAY BE DEALT WITH IN THE PERSPECTIVE PLAN PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF PERSPECTIVE PLAN FOR THE STATE BOARD WILL GET THE PLAN PREPARED FROM LOCAL SELF GOVT. PHASING OF IMPLEMENTATION OF PERSPECTIVE PLAN IN PERIODS OF FIVE YEARS DRAFT FOR STATE PUBLISHED ON WEBSITE AND NOTICE OF PUBLICATION SANCTIONING WITHIN SIXTY DAYS AND NOTIFICATION IN ATLEAST ONE NEWSPAPER physical and natural resource potentials and their utilisation urbanisation, population assignment, settlement pattern of urban centres and rural centres national and state level transportation network infrastructure development generalised land utilisation natural hazard prone areas protection of environmentally and ecologically sensitive areas KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT POWERS AND FUNCTIONS OF THE DISTRICT PLANNING COMMITEE formulate development goals, objectives, policies development and use of rural and urban land Plan preparation for the by Local Self Government Institutions in the district prepare or get prepared the Perspective Plan for the district monitor continuously and evaluate the physical achievements of the investments made by the various Local Self Government Institutions co-ordinate planning and development activities among the Government departments formulate policies and identify projects for integrated development of district level infrastructure and facilitate their implementation through public, private or joint sector participation resolve conflicts, if any, on the following: *issues regarding development of peripheral areas of urban centres *sharing of physical and natural resources among various Local Self Government *overlapping functions of various agencies KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND DISTRICT LEVEL OFFICER DPC SPATIAL PLANNING DT&CP DISTRICT OFFICE Technical Assistance Headed By DPC constituted by the Government under section 53 of the Kerala Municipality Act, 1994 DEVELOPMENT PLAN Long Term Perspective Plan 20 YEARS Five Year Execution Plans 5 YEARS
MATTERS THAT MAY BE DEALT WITH IN THE PERSPECTIVE PLAN FOR THE DISTRICT physical and natural resource potentials and their utilisation; urbanisation, population assignment, settlement pattern of urban centres and rural centres Districtlevel transportation network Integrated infrastructure development generalised land utilisation mobilization of fiscal resources for Plan implementation protection of environmentally and ecologically sensitive areas MATTERS THAT MAY BE DEALT WITH IN THE EXECUTION PLAN FOR THE DISTRICT  development issues;  strategies for the integrated development  sectoral development policies, strategies and proposals  phasing of district development plan into five annual plans by sectoral programmes, projects and schemes indicating physical targets and fiscal requirements;  financial resource planning KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF PERSPECTIVE PLAN FOR THE DISTRICT DPC WILL GET PREPARED THE PLAN WITHIN TWO YEARS FROM THE DATE OF DECISION SIXTY DAYS TIME LIMIT FOR RECEIVING SUGGESTIONS AND OBJECTIONS THE GOVT. INSURING THAT THE PP IS IN FRAMEWORK MODIFICATIONS TO BE SUBMITTED WITIHIN 60 DAYS SANCTIONING BY GOVT.. DPC TO FWD THE COPIES TO LOCAL SELF GOVT. INSTI. IN DISTRICT PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF EXECUTION PLAN FOR THE DISTRICT NOT LATER THAN SIX MONTHS FROM THE DATE OF SANCTION OF THE PERSPECTIVE PLAN, DPC TO PREPARE EP FOR 1ST FIVE YR AND FWD TO GOVT FOR SANCTION THE GOVT. ENSURING THAT THE EP IS IN FRAMEWORK WITHIN 60 DAYS MODIFICATIONS TO BE SUBMITTED WITIHIN 60 DAYS SANCTIONING BY GOVT.. DPC TO FWD THE COPIES TO LOCAL SELF GOVT. INSTI. IN DISTRICT EXPIRY IN 4 YEARS FROM THE DAY OF APPROVAL, DPC TO REVIEW AND PREPARE FRESH EP FOR CONSECUTIVE FIVE YEARS KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
POWERS AND FUNCTIONS OF THE METROPOLITAN AREA PLANNING COMMITEE formulate development goals, objectives, policies development and use of rural and urban land in the MA prepare or get prepared plans for the MA, in consultation with the Local Self Government Institutions in the MA prepare or get prepared the Perspective Plan for the MA execution plans, taking into account the perspective plan monitor continuously and evaluate the physical achievements of the investments made by the various Local Self Government Institutions co-ordinate planning and development activities among the Government departments consult non-governmental institutions, organizations and professional bodies in the preparation of Perspective Plan and Execution Plan for the Metropolitan Area resolve conflicts, if any, on the following: *issues regarding development of peripheral areas of urban centres *sharing of physical and natural resources among various Local Self Government *overlapping functions of various agencies METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA Long Term Perspective Plan Five Year Execution Plans KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND Prepares DRAFT DEVELOPMENT PLAN MPC constituted by the Government under section 54 of the Kerala Municipality Act, 1994
MATTERS THAT MAY BE DEALT WITH IN THE PERSPECTIVE PLAN FOR THE MA physical and natural resource potentials and their utilisation; urbanisation, population assignment, settlement pattern of urban centres and rural centres transportation Including mass transport Integrated infrastructure development generalised land utilisation mobilization of fiscal resources for Plan implementation protection of environmentally and ecologically sensitive areas MATTERS THAT MAY BE DEALT WITH IN THE EXECUTION PLAN FOR THE MA  development issues;  strategies for the integrated development  sectoral development policies, strategies and proposals of sectors like agriculture, fisheries, animal husbandry, forest, industries, transportation, infrastructure, water, health, education, energy, tourism, etc.;  identification of projects and programmes;  phasing of district development plan into five annual plans by sectoral programmes, projects and schemes indicating physical targets and fiscal requirements;  financial resource planning KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF PERSPECTIVE PLAN FOR THE METROPOLITAN AREA MPC WILL GET PREPARED THE PLAN WITHIN TWO YEARS FROM THE DATE OF DECISION SIXTY DAYS TIME LIMIT FOR RECEIVING SUGGESTIONS AND OBJECTIONS THE GOVT. ENSURING THAT THE PP IS IN FRAMEWORK MODIFICATIONS TO BE SUBMITTED WITIHIN 60 DAYS SANCTIONING BY GOVT.. MPC TO FWD THE COPIES TO LOCAL SELF GOVT. INSTI. IN MA PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF EXECUTION PLAN FOR THE METROPOLITAN AREA NOT LATER THAN SIX MONTHS FROM THE DATE OF SANCTION OF THE PERSPECTIVE PLAN, MPC TO PREPARE EP FOR 1ST FIVE YR AND FWD TO GOVT FOR SANCTION THE GOVT. ENSURING THAT THE EP IS IN FRAMEWORK WITHIN 60 DAYS MODIFICATIONS TO BE SUBMITTED WITIHIN 60 DAYS SANCTIONING BY GOVT.. MPC TO FWD THE COPIES TO LOCAL SELF GOVT. INSTI. IN MA EXPIRY IN 4 YEARS FROM THE DAY OF APPROVAL, MPC TO REVIEW AND PREPARE FRESH EP FOR CONSECUTIVE FIVE YEARS KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
PLANS FOR THE LOCAL PLANNING AREA POWERS AND FUNCTIONS OF THE MUNICIPAL CORPORATIONS, MUNICIPAL COUNCILS ETC. implement all or any of the provisions contained in the Plans under this Act by formulating and executing projects, Land Pooling Schemes, Detailed Town Planning Schemes formulate, promote, regulate and control land use and developmental activities in the Local Planning Area set up special function agencies, if necessary, for specific functions such as plan preparation, implementation of projects prepare or get prepared the: Master Plan Execution Plans KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND Municipal Corporation Municipal Council Town Panchayat Village Panchayat
MATTERS THAT MAY BE DEALT WITH IN THE MASTER PLAN A development concept and strategy with a long term vision, approximately for a period of twenty years, having regard to the policies and strategies for the Local Planning Area Master Plan documents with land use proposals, development control regulations and Plans for infrastructure development statement of community involvement in the preparation, implementation and monitoring of the Master Plan; transportation covering roads, railways, waterways, pedestrian-pathways economic base and employment in sectors like agriculture, trade, commerce and industries in both formal and informal sectors Economic base and employment in sectors like agriculture, trade, commerce and industries in both formal and informal sectors; hierarchy of commercial areas, dispersal of commercial activities and related issues; housing, including affordable housing, informal sector housing, resettlement strategy and slum upgradation; educational facilities, including specialised education and research centres, health facilities, including specialized hospitals, cultural and religious facilities, public and semi-public institutions proposals for Transferable Development Rights, Accommodation Reservation, Land Pooling Schemes MATTERS THAT MAY BE DEALT WITH IN THE EXECUTION PLAN FOR THE LOCAL PLANNING AREA  development issues and consolidation of suggestions of grama sabha/ward sabha/ward committee;  strategies for the integrated development  sectoral development policies, strategies and proposals of sectors like agriculture, fisheries, animal husbandry, forest, industries, transportation, infrastructure, water, health, education, energy, tourism, etc.;  implementation mechanism which may include identification of sector-wise schemes and projects to be implemented by Central or State Government departments  fiscal requirements and resource mobilisation proposals  monitoring and review mechanism. KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF MASTER PLAN MC VP/TP WILL PREPARE A MASTER PLAN FOR THE LOCAL PLANNING AREA MC VP/TP , IN CONSULTATION WITH DTCP WITHIN 2 YEARS FROM THE DATE OF THE DECISION PREPARE OR GET PREPARED A DRAFT MASTER PLAN FOR THE LOCAL PLANNING AREA THE GOVERNMENT, ON RECEIPT OF THE DRAFT MASTER PLAN, IN CONSULTATION WITH THE CHIEF TOWN PLANNER, ACCORD APPROVAL, WITHIN A PERIOD OF SIXTY DAYS FROM THE DATE OF RECEIPT OF SUCH PLAN, MODIFICATIONS TO BE SUBMITTED WITIHIN 60 DAYS SANCTIONING BY GOVT.. MC VP/TP TO FWD THE COPIES TO DPC AND MPC PROCEDURE FOR PREPARATION AND SANCTIONING OF EXECUTION PLAN FOR THE LOCAL PLANNING AREA NOT LATER THAN 4 MONTHS FROM THE DATE OF SANCTION OF THE MASTER PLAN, MC VP/TP TO PREPARE EP FOR 1ST FIVE YR AND FWD TO DPC/ MPC FOR SANCTION THE MPC/DPC IN CONSULTATION WITH DTCP INSURING THAT THE EP IS IN FRAMEWORK WITHIN 30 DAYS SANCTIONING BY DPC/MPC , MC VP/TP TO PUBLISH IN THEIR WEBSITES EXPIRY IN 4 YEARS FROM THE DAY OF APPROVAL, MC VP/TP TO REVIEW AND PREPARE FRESH EP FOR CONSECUTIVE FIVE YEARS KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
JOINT PLANNING COMMITTEE AND MASTER PLAN FOR THE JOINT PLANNING AREA Joint Planning Area: Consisting of the area of more than one Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, either in full or in part, for the purpose of effective planning of the area in which they are jointly interested or for which they are jointly responsible. POWERS AND FUNCTIONS OF JOINT PLANNING COMMITTEE prepare or get prepared a Master Plan for the Joint Planning Area from the local self govt. bodies, for the purposes of Plan preparation, publication and sanction set up special function agencies and guide, direct and assist them on matters pertaining to their respective functions FUNCTIONS OF THE CONSTITUENT UNITS OF THE JOINT PLANNING COMMITTEE prepare Execution Plan for their respective local planning areas taking into account the Master Plan for the Joint Planning Area implement proposals contained in the Master Plan for the Joint Planning Area under this Act promote, regulate and control the developmental activities in their respective local planning areas in accordance with the Master Plan for the Joint Planning Area; KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
MATTERS THAT MAY BE DEALT WITHIN A DETAILED TOWN PLANNING SCHEME A Detailed Town Planning Scheme may contain detailed proposals of the following matters, namely: • establishment of new development centres; • establishment of commercial centres, including specialised markets, wholesale and retail trade centres; • establishment of tourist centres and tourism related infrastructure; • establishment of industries, industrial estates, factories, service industries etc.; • development and landscaping of open spaces, recreational grounds, parks, zoological and botanical gardens and social forestry; • conservation of ecologically sensitive areas; • protection of environmentally sensitive areas; • proposals for natural hazard prone areas; • control of air and water pollution; • housing schemes for different income groups including housing for economically weaker sections of the society, infirmaries, destitutes, women and children in distress, disabled, physically challenged, senior citizens etc.; • provision of sanitary arrangements including construction of drains and public conveniences etc., disposal of sewage, solid waste; • provision of public transportation including mass transportation; • provision of communication facilities; KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF DETAILED TOWN PLANNING SCHEME MC VP/TP MAY, AT ANY TIME, BY RESOLUTION, DECIDE TO PREPARE OR ADOPT A DETAILED TOWN PLANNING SCHEME MC VP/TP , IN CONSULTATION WITH DTCP WITHIN 2 YEARS FROM THE DATE OF THE DECISION PREPARE OR GET PREPARED A DRAFT DETAILED TOWN PLANNING SCHEME FOR THE PLANNING AREA IMMEDIATELY AFTER DETAILED TOWN PLANNING SCHEME IS PUBLISHED UNDER THE ACT, MC VP/TP SHALL FWD COPY TO DPC/MPC, MODIFICATIONS FROM DPC/MPC IN CONSULTATION WITH CHIEF TOWN PLANNER TO BE SUBMITTED WITIHIN 60 DAYS FOR SANCTION. SANCTIONING BY GOVT.. MC VP/TP TO PUBLISH THE GAZETTE. KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND Interim Development Orders and the restrictions after notifying the intention to prepare Plans Building regulations Land Development Permit No development in case of change in land use Application for Land Development Permit Development of land which has change in its use, A certificate has to be taken from the secretary of MC VP/TP Power of revocation or modification of Development Permit If in case the permit to development has to be revoked/modified or risks life or was sanctioned by mistake then the Secretary of MC VP/TP holds the power to do that Obligation to acquire land in certain cases If in master plan and land use prescribed for immediate development, that has to be done in two years from sanction of Master Plan. Power to require stoppage or removal of unauthorised development, imposition of penalty etc The MC VP/TP can issue a notice to stop the change in land use to the owner of the land Removal or discontinuance of unauthorised development of temporary nature The MC VP/Tp can issue an order in writing to stop any unauthorized development on the land different from its use Applicability of the provisions to a Joint Planning Committee MC VP/TP can incorporate JPC. Power of the Municipal Corporations, Municipal Councils etc. to prepare Land Pooling Schemes These bodies would implement proposals and can prepare one or more Land Pooling schemes. Land Pooling Scheme the boundary, extent, ownership, tenure and existing use of all original plots, reservation, acquisition or allotment of land in the Scheme area etc.
KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND KEY LEARNINGS: The act gave us a brief insight of the following: • The procedure followed for plan (Perspective and Execution) preparation, publication and sanctioning at the district level and various other levels • Also the functions of the planning committees at different levels was also observed • Legislative structure of the District planning Committee • Matters that would be dealt with in the Perspective Plan and Execution Plan

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KERALA TOWN AND COUNTRY PLANNING ACT, 2016

  • 1. P R E S E N T E D B Y : T U L I K A 2 1 5 0 3 0 0 0 2 9 R E G I O N A L E N V I RO N M E N TA L P L A N N I N G S T U D I O School of Planning and Architecture, Vijayawada AUGUST, 2016 The Kerala Town and Country Planning Act, 2016 Source: The Kerala Town and Country Planning Act Notification dated 17th March, 2016
  • 2. • The promotion of planned development • Regulation of growth of urban and rural areas • Focus on scientific spatial planning • Secure their present and future inhabitants • Sanitary conditions • Amenity and convenience KERALA TOWN & COUNTRY PLANNING ACT, 2016 P R E S E N T E D B Y : T U L I K A 2 1 5 0 3 0 0 0 2 9 ACT 9 OF 2016 THE KERALA TOWN AND COUNTRY PLANNING ACT, 2016 AN ACT to provide for the promotion of planned development and regulation of growth of urban and rural areas in the State with focus on scientific spatial planning and to secure to their present and future inhabitants, sanitary conditions, amenity and convenience and for other matters connected therewith or incidental thereto. PREAMBLE
  • 3. BOARD CHAIRPERSON VICE-CHAIRPERSON(S) 31 OTHER MEMBERS POWERS AND FUNCTIONS OF THE BOARD advise the Government on policy formulation for spatial planning guide and advise the DPC and MPC co-ordinate, monitor and evaluate the spatial planning prepare or get prepared the Perspective Plan for the State prepare or get prepared plans for any area within the State falling in more than one district evaluate and review the operations made by various Local Self Government Institutions advise the Government on: (i) resolving issues, pertaining to inter-district spatial planning and infrastructure development (ii) identification of probable location of major investment inputs which are likely to have substantial impact on the development scenario of the State BOARD MEMBERS KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
  • 4. MATTERS THAT MAY BE DEALT WITH IN THE PERSPECTIVE PLAN PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF PERSPECTIVE PLAN FOR THE STATE BOARD WILL GET THE PLAN PREPARED FROM LOCAL SELF GOVT. PHASING OF IMPLEMENTATION OF PERSPECTIVE PLAN IN PERIODS OF FIVE YEARS DRAFT FOR STATE PUBLISHED ON WEBSITE AND NOTICE OF PUBLICATION SANCTIONING WITHIN SIXTY DAYS AND NOTIFICATION IN ATLEAST ONE NEWSPAPER physical and natural resource potentials and their utilisation urbanisation, population assignment, settlement pattern of urban centres and rural centres national and state level transportation network infrastructure development generalised land utilisation natural hazard prone areas protection of environmentally and ecologically sensitive areas KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
  • 5. DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT POWERS AND FUNCTIONS OF THE DISTRICT PLANNING COMMITEE formulate development goals, objectives, policies development and use of rural and urban land Plan preparation for the by Local Self Government Institutions in the district prepare or get prepared the Perspective Plan for the district monitor continuously and evaluate the physical achievements of the investments made by the various Local Self Government Institutions co-ordinate planning and development activities among the Government departments formulate policies and identify projects for integrated development of district level infrastructure and facilitate their implementation through public, private or joint sector participation resolve conflicts, if any, on the following: *issues regarding development of peripheral areas of urban centres *sharing of physical and natural resources among various Local Self Government *overlapping functions of various agencies KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND DISTRICT LEVEL OFFICER DPC SPATIAL PLANNING DT&CP DISTRICT OFFICE Technical Assistance Headed By DPC constituted by the Government under section 53 of the Kerala Municipality Act, 1994 DEVELOPMENT PLAN Long Term Perspective Plan 20 YEARS Five Year Execution Plans 5 YEARS
  • 6. MATTERS THAT MAY BE DEALT WITH IN THE PERSPECTIVE PLAN FOR THE DISTRICT physical and natural resource potentials and their utilisation; urbanisation, population assignment, settlement pattern of urban centres and rural centres Districtlevel transportation network Integrated infrastructure development generalised land utilisation mobilization of fiscal resources for Plan implementation protection of environmentally and ecologically sensitive areas MATTERS THAT MAY BE DEALT WITH IN THE EXECUTION PLAN FOR THE DISTRICT  development issues;  strategies for the integrated development  sectoral development policies, strategies and proposals  phasing of district development plan into five annual plans by sectoral programmes, projects and schemes indicating physical targets and fiscal requirements;  financial resource planning KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
  • 7. PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF PERSPECTIVE PLAN FOR THE DISTRICT DPC WILL GET PREPARED THE PLAN WITHIN TWO YEARS FROM THE DATE OF DECISION SIXTY DAYS TIME LIMIT FOR RECEIVING SUGGESTIONS AND OBJECTIONS THE GOVT. INSURING THAT THE PP IS IN FRAMEWORK MODIFICATIONS TO BE SUBMITTED WITIHIN 60 DAYS SANCTIONING BY GOVT.. DPC TO FWD THE COPIES TO LOCAL SELF GOVT. INSTI. IN DISTRICT PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF EXECUTION PLAN FOR THE DISTRICT NOT LATER THAN SIX MONTHS FROM THE DATE OF SANCTION OF THE PERSPECTIVE PLAN, DPC TO PREPARE EP FOR 1ST FIVE YR AND FWD TO GOVT FOR SANCTION THE GOVT. ENSURING THAT THE EP IS IN FRAMEWORK WITHIN 60 DAYS MODIFICATIONS TO BE SUBMITTED WITIHIN 60 DAYS SANCTIONING BY GOVT.. DPC TO FWD THE COPIES TO LOCAL SELF GOVT. INSTI. IN DISTRICT EXPIRY IN 4 YEARS FROM THE DAY OF APPROVAL, DPC TO REVIEW AND PREPARE FRESH EP FOR CONSECUTIVE FIVE YEARS KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
  • 8. POWERS AND FUNCTIONS OF THE METROPOLITAN AREA PLANNING COMMITEE formulate development goals, objectives, policies development and use of rural and urban land in the MA prepare or get prepared plans for the MA, in consultation with the Local Self Government Institutions in the MA prepare or get prepared the Perspective Plan for the MA execution plans, taking into account the perspective plan monitor continuously and evaluate the physical achievements of the investments made by the various Local Self Government Institutions co-ordinate planning and development activities among the Government departments consult non-governmental institutions, organizations and professional bodies in the preparation of Perspective Plan and Execution Plan for the Metropolitan Area resolve conflicts, if any, on the following: *issues regarding development of peripheral areas of urban centres *sharing of physical and natural resources among various Local Self Government *overlapping functions of various agencies METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA Long Term Perspective Plan Five Year Execution Plans KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND Prepares DRAFT DEVELOPMENT PLAN MPC constituted by the Government under section 54 of the Kerala Municipality Act, 1994
  • 9. MATTERS THAT MAY BE DEALT WITH IN THE PERSPECTIVE PLAN FOR THE MA physical and natural resource potentials and their utilisation; urbanisation, population assignment, settlement pattern of urban centres and rural centres transportation Including mass transport Integrated infrastructure development generalised land utilisation mobilization of fiscal resources for Plan implementation protection of environmentally and ecologically sensitive areas MATTERS THAT MAY BE DEALT WITH IN THE EXECUTION PLAN FOR THE MA  development issues;  strategies for the integrated development  sectoral development policies, strategies and proposals of sectors like agriculture, fisheries, animal husbandry, forest, industries, transportation, infrastructure, water, health, education, energy, tourism, etc.;  identification of projects and programmes;  phasing of district development plan into five annual plans by sectoral programmes, projects and schemes indicating physical targets and fiscal requirements;  financial resource planning KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
  • 10. PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF PERSPECTIVE PLAN FOR THE METROPOLITAN AREA MPC WILL GET PREPARED THE PLAN WITHIN TWO YEARS FROM THE DATE OF DECISION SIXTY DAYS TIME LIMIT FOR RECEIVING SUGGESTIONS AND OBJECTIONS THE GOVT. ENSURING THAT THE PP IS IN FRAMEWORK MODIFICATIONS TO BE SUBMITTED WITIHIN 60 DAYS SANCTIONING BY GOVT.. MPC TO FWD THE COPIES TO LOCAL SELF GOVT. INSTI. IN MA PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF EXECUTION PLAN FOR THE METROPOLITAN AREA NOT LATER THAN SIX MONTHS FROM THE DATE OF SANCTION OF THE PERSPECTIVE PLAN, MPC TO PREPARE EP FOR 1ST FIVE YR AND FWD TO GOVT FOR SANCTION THE GOVT. ENSURING THAT THE EP IS IN FRAMEWORK WITHIN 60 DAYS MODIFICATIONS TO BE SUBMITTED WITIHIN 60 DAYS SANCTIONING BY GOVT.. MPC TO FWD THE COPIES TO LOCAL SELF GOVT. INSTI. IN MA EXPIRY IN 4 YEARS FROM THE DAY OF APPROVAL, MPC TO REVIEW AND PREPARE FRESH EP FOR CONSECUTIVE FIVE YEARS KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
  • 11. PLANS FOR THE LOCAL PLANNING AREA POWERS AND FUNCTIONS OF THE MUNICIPAL CORPORATIONS, MUNICIPAL COUNCILS ETC. implement all or any of the provisions contained in the Plans under this Act by formulating and executing projects, Land Pooling Schemes, Detailed Town Planning Schemes formulate, promote, regulate and control land use and developmental activities in the Local Planning Area set up special function agencies, if necessary, for specific functions such as plan preparation, implementation of projects prepare or get prepared the: Master Plan Execution Plans KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND Municipal Corporation Municipal Council Town Panchayat Village Panchayat
  • 12. MATTERS THAT MAY BE DEALT WITH IN THE MASTER PLAN A development concept and strategy with a long term vision, approximately for a period of twenty years, having regard to the policies and strategies for the Local Planning Area Master Plan documents with land use proposals, development control regulations and Plans for infrastructure development statement of community involvement in the preparation, implementation and monitoring of the Master Plan; transportation covering roads, railways, waterways, pedestrian-pathways economic base and employment in sectors like agriculture, trade, commerce and industries in both formal and informal sectors Economic base and employment in sectors like agriculture, trade, commerce and industries in both formal and informal sectors; hierarchy of commercial areas, dispersal of commercial activities and related issues; housing, including affordable housing, informal sector housing, resettlement strategy and slum upgradation; educational facilities, including specialised education and research centres, health facilities, including specialized hospitals, cultural and religious facilities, public and semi-public institutions proposals for Transferable Development Rights, Accommodation Reservation, Land Pooling Schemes MATTERS THAT MAY BE DEALT WITH IN THE EXECUTION PLAN FOR THE LOCAL PLANNING AREA  development issues and consolidation of suggestions of grama sabha/ward sabha/ward committee;  strategies for the integrated development  sectoral development policies, strategies and proposals of sectors like agriculture, fisheries, animal husbandry, forest, industries, transportation, infrastructure, water, health, education, energy, tourism, etc.;  implementation mechanism which may include identification of sector-wise schemes and projects to be implemented by Central or State Government departments  fiscal requirements and resource mobilisation proposals  monitoring and review mechanism. KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
  • 13. PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF MASTER PLAN MC VP/TP WILL PREPARE A MASTER PLAN FOR THE LOCAL PLANNING AREA MC VP/TP , IN CONSULTATION WITH DTCP WITHIN 2 YEARS FROM THE DATE OF THE DECISION PREPARE OR GET PREPARED A DRAFT MASTER PLAN FOR THE LOCAL PLANNING AREA THE GOVERNMENT, ON RECEIPT OF THE DRAFT MASTER PLAN, IN CONSULTATION WITH THE CHIEF TOWN PLANNER, ACCORD APPROVAL, WITHIN A PERIOD OF SIXTY DAYS FROM THE DATE OF RECEIPT OF SUCH PLAN, MODIFICATIONS TO BE SUBMITTED WITIHIN 60 DAYS SANCTIONING BY GOVT.. MC VP/TP TO FWD THE COPIES TO DPC AND MPC PROCEDURE FOR PREPARATION AND SANCTIONING OF EXECUTION PLAN FOR THE LOCAL PLANNING AREA NOT LATER THAN 4 MONTHS FROM THE DATE OF SANCTION OF THE MASTER PLAN, MC VP/TP TO PREPARE EP FOR 1ST FIVE YR AND FWD TO DPC/ MPC FOR SANCTION THE MPC/DPC IN CONSULTATION WITH DTCP INSURING THAT THE EP IS IN FRAMEWORK WITHIN 30 DAYS SANCTIONING BY DPC/MPC , MC VP/TP TO PUBLISH IN THEIR WEBSITES EXPIRY IN 4 YEARS FROM THE DAY OF APPROVAL, MC VP/TP TO REVIEW AND PREPARE FRESH EP FOR CONSECUTIVE FIVE YEARS KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
  • 14. JOINT PLANNING COMMITTEE AND MASTER PLAN FOR THE JOINT PLANNING AREA Joint Planning Area: Consisting of the area of more than one Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, either in full or in part, for the purpose of effective planning of the area in which they are jointly interested or for which they are jointly responsible. POWERS AND FUNCTIONS OF JOINT PLANNING COMMITTEE prepare or get prepared a Master Plan for the Joint Planning Area from the local self govt. bodies, for the purposes of Plan preparation, publication and sanction set up special function agencies and guide, direct and assist them on matters pertaining to their respective functions FUNCTIONS OF THE CONSTITUENT UNITS OF THE JOINT PLANNING COMMITTEE prepare Execution Plan for their respective local planning areas taking into account the Master Plan for the Joint Planning Area implement proposals contained in the Master Plan for the Joint Planning Area under this Act promote, regulate and control the developmental activities in their respective local planning areas in accordance with the Master Plan for the Joint Planning Area; KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
  • 15. MATTERS THAT MAY BE DEALT WITHIN A DETAILED TOWN PLANNING SCHEME A Detailed Town Planning Scheme may contain detailed proposals of the following matters, namely: • establishment of new development centres; • establishment of commercial centres, including specialised markets, wholesale and retail trade centres; • establishment of tourist centres and tourism related infrastructure; • establishment of industries, industrial estates, factories, service industries etc.; • development and landscaping of open spaces, recreational grounds, parks, zoological and botanical gardens and social forestry; • conservation of ecologically sensitive areas; • protection of environmentally sensitive areas; • proposals for natural hazard prone areas; • control of air and water pollution; • housing schemes for different income groups including housing for economically weaker sections of the society, infirmaries, destitutes, women and children in distress, disabled, physically challenged, senior citizens etc.; • provision of sanitary arrangements including construction of drains and public conveniences etc., disposal of sewage, solid waste; • provision of public transportation including mass transportation; • provision of communication facilities; KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
  • 16. PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF DETAILED TOWN PLANNING SCHEME MC VP/TP MAY, AT ANY TIME, BY RESOLUTION, DECIDE TO PREPARE OR ADOPT A DETAILED TOWN PLANNING SCHEME MC VP/TP , IN CONSULTATION WITH DTCP WITHIN 2 YEARS FROM THE DATE OF THE DECISION PREPARE OR GET PREPARED A DRAFT DETAILED TOWN PLANNING SCHEME FOR THE PLANNING AREA IMMEDIATELY AFTER DETAILED TOWN PLANNING SCHEME IS PUBLISHED UNDER THE ACT, MC VP/TP SHALL FWD COPY TO DPC/MPC, MODIFICATIONS FROM DPC/MPC IN CONSULTATION WITH CHIEF TOWN PLANNER TO BE SUBMITTED WITIHIN 60 DAYS FOR SANCTION. SANCTIONING BY GOVT.. MC VP/TP TO PUBLISH THE GAZETTE. KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND
  • 17. KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND Interim Development Orders and the restrictions after notifying the intention to prepare Plans Building regulations Land Development Permit No development in case of change in land use Application for Land Development Permit Development of land which has change in its use, A certificate has to be taken from the secretary of MC VP/TP Power of revocation or modification of Development Permit If in case the permit to development has to be revoked/modified or risks life or was sanctioned by mistake then the Secretary of MC VP/TP holds the power to do that Obligation to acquire land in certain cases If in master plan and land use prescribed for immediate development, that has to be done in two years from sanction of Master Plan. Power to require stoppage or removal of unauthorised development, imposition of penalty etc The MC VP/TP can issue a notice to stop the change in land use to the owner of the land Removal or discontinuance of unauthorised development of temporary nature The MC VP/Tp can issue an order in writing to stop any unauthorized development on the land different from its use Applicability of the provisions to a Joint Planning Committee MC VP/TP can incorporate JPC. Power of the Municipal Corporations, Municipal Councils etc. to prepare Land Pooling Schemes These bodies would implement proposals and can prepare one or more Land Pooling schemes. Land Pooling Scheme the boundary, extent, ownership, tenure and existing use of all original plots, reservation, acquisition or allotment of land in the Scheme area etc.
  • 18. KERALA TOWN & COUNTRY PLANNING ACT, 2016 P r e s e n t a t i o n S t r u c t u r e STATE TOWN AND COUNTRY PLANNING BOARD AND THE PERSPECTIVE PLAN FOR THE STATE DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE METROPOLITAN AREA PLANS FOR LOCAL PLANNING AREAS JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA DETAILED TOWN PLANNING SCHEMES CONTROL OF USE AND DEVELOPMENT OF LAND KEY LEARNINGS: The act gave us a brief insight of the following: • The procedure followed for plan (Perspective and Execution) preparation, publication and sanctioning at the district level and various other levels • Also the functions of the planning committees at different levels was also observed • Legislative structure of the District planning Committee • Matters that would be dealt with in the Perspective Plan and Execution Plan