1. Notification G. O. (Ms.) No. 205/2010/LSGD dated 9th September 2010

Kerala Gazette No. 39 dated 5th October 2010.

PART I

GOVERNMENT OF KERALA

Local Self Government (RD) Department

NOTIFICATION

G. O. (Ms.) No. 205/10/LSGD. Dated, Thiruvananthapuram, 9th September 2010.

WHEREAS, the Government have, vide notification issued under G. O. (Ms.) No. 38/88/LAD dated 25th March, 1988 and published as S.R.O. No. 595/88 in Section IV Part I of the Kerala Gazette No. 19 dated 10th May, 1988 sanctioned the Detailed Town Planning Scheme for Kozhikode Beach Area under sub section (3) of Section 14 of the Madras Town P l a n n i n g Act, 1920 (VII of 1920) ;

AND WHEREAS, it is required to further vary the said scheme for the purpose of making the Zoning Regulations compatible to the present development scenario to the extent possible as an immediate measure;

NOW, THEREFORE, in exercise of powers conferred by clause (b) of sub-section (2) of Section 15 of the Madras Town Planning Act, 1920 (Act VII of 1920), the Government of Kerala hereby propose to issue a notification varying the said Detailed Town Planning Scheme to the extent required, a draft of which is appended as required under sub rule (1) of rule 72 of the Madras Town Planning Rules.

Notice is hereby given that the said draft will be taken up for consideration within sixty days from the date of notification and any person interested in the Scheme may submit in writing his objections and suggestions, if any, thereon within the said date. Any person concerned with or affected by the proposed notification shall submit their objections and suggestions, if any, to the Town Planner, Kozhikode (on behalf of Secretary to Government, Local Self Government Department).

AMENDMENT

In exercise of the powers conferred by clause (a) of sub-section (2) of Section 15 of the Madras Town Planning Act, 1920 (Act VII of 1920), the Government of Kerala hereby vary the Detailed Town Planning Scheme for Kozhikode Beach Area, sanctioned under sub-section (3) of Section 14 of the said Act issued under G. O. (Ms.) No. 38/88/LAD dated 25th March, 1988 and published as S. R. O. No. 595/88 in Part I, Section IV of the 2 Kerala Gazette No. 19, dated 10th May, 1988 to the extent as indicated below:—

VARIATION

In the said scheme, for the sub heading "10" "Reservation of Land and Zoning" the following shall be substituted, namely:—

"10" Reservation of Land and Zoning

1. A list of land reserved for streets and for other non-residential purposes is given in schedule IV (Form No. 10). For the purpose of the scheme, the streets or footpaths which may be approved or made in accordance with the provisions of the scheme, which are not mentioned in schedule IV shall also be deemed to be included under land reserved for the purpose of the scheme.

2. The Kozhikode Corporation may, from time to time meet the demand, declare any part of the area, with the approval of the Chief Town Planner or subject to such conditions and restrictions as he may think fit, to be reserved for any activity or for such other purpose which can be prescribed under sub-section (k) of Section 4 of the Act.

Any part of the area so declared shall be included under land reserved under the scheme and treated as such.

3. (i) All future developments in respect of land within the scheme area shall conform to the zoning regulation given below: (Any uses not mentioned therein shall be prohibited).

(ii) For the implementation and enforcement of the proposals envisaged in the Detailed Town Planning Scheme, areas have been zoned under various uses such as residential, commercial, public and semi-public, etc. Details regarding the nature of uses 'permitted', uses 'restricted' and uses 'prohibited' in each zone are given below.

(iii) "Uses permitted" in a zone cover the uses that can be normally accommodated in the relevant zone.

In some cases it may be possible to permit some other uses also which are not likely to affect the quality and environment in a zone specified for a particular use. Such cases have to be individually studied based on their performance characteristics and spatial locational factors. Such cases, which come under this category, are classified as "Uses Restricted". "Uses Prohibited" enlists the various objectionable uses in each zone, which shall not be permitted under normal circumstances.

(iv) Zoning regulations are not intended to prohibit existing uses that have been lawfully established prior to the enforcement of these regulations. They are essentially intended to help the competent authority in decisions regarding granting or refusal of planning permissions for land use conversionsand construction of buildings/structures or any other matter specifically mentioned in these regulations. 3 (v) Existing areas and structures of archeological importance and religious uses may be permitted to continue in all zones.

4. Large scale development proposals in an area not less than 5 Acres, exceeding an investment of Rs. 50 crores, which provide direct employment (after commissioning of the project) to the tune of not less than 500 and medium scale development proposals in an area not less than 2 Acres, exceeding an investment of Rs. 25 crores, which provide direct employment (after commissioning of the project) to the tune of not less than 300 may also be permitted in all use zones subject to the recommendation of a committee to be constituted by the Government for this purpose, under the chairmanship of The Secretary, Local Self Government Department, consisting of the Chief Town Planner, Department of Town and Country Planning, Government of Kerala, Regional Town Planner, District Office of the Department of Town and Country Planning, Kozhikode and the Secretary of the local body concerned; and also satisfying the following conditions:-

(a) The developer shall produce project cum feasibility report and Environmental Impact Assessment Report, if required, of the project to the convenor of the committee, 15 days in advance of the committee meeting.

(b) The developer shall produce before the committee all required clearances from the State and Central Govt. agencies concerned.

(c) Adequate provision shall be made for supporting infrastructure such as water supply, sewerage, solid waste management etc. Separate waste management plant and solid waste management measures shall be provided and maintained by the developer at his cost.

(d) Adequate Memorandum of Understanding between the developer and the Secretary of the local body concerned shall be undertaken to bring this into effect.

(e) Maximum permissible Floor Area Ratio shall be 2 and minimum access width shall be 12m.

(f) The project shall be completed within a period of 3 years if not specified otherwise.

The Regional Town Planner, Kozhikode shall to be convenor of the committee.

5. All other regulations that are not specified in these rules shall be in accordance with the Kerala Municipality Building Rules, 1999".

Uses Prohibited

Chief Town

Planner

Town Planner of

the State Town

Planning Service

having jurisdiction

over the area

(5) (6)

Any other uses not specified in items in column (3), (4) and (5). (a) All Residence, Residential Flat/ Apartments/Residential Quarters, Night shelters, Orphanages, Old Age Homes, Dharmasala.

(b) All existing religious, educational and public uses can be continued.

Transmission towers and wireless station, Swimming pool, Commercial establishment upto 300 sq.m. including banking and financial institutions, Restaurents/ Canteen, Parking Plaza, Taxi/Jeep/Auto-rickshaw Stand.

(c) Small reading Rooms and libraries, dispensaries, primary school, shops etc. upto 100 sq.m. public utility buildings.

(d) Small service industries of non-nuisance nature less than 5 H.P. power and with 5 workers or 106 (1) (2) (3) (4) (6)

2 Public and semi public zone

(a) Local, State, Central Government Offices and E s t a b l i s h m e n t s , Social and Cultural E s t a b l i s h m e n t s , E d u c a t i o n a l Institutions, Social Welfare Centre, Civil Defence and Home Guard, Library and Reading Rooms, Museum, Indoor Game Stadium, Swimming Pool, Exhibition Centres and Art Gallery.

(b) Community facilities including H o s p i t a l s , E s t a b l i s h m e n t s , Auditorium up to 1000 sq.m.

(c) Public utilities and related buildings, places of worship, Community facilities including Clinics, Dispensaries and Diagnostic centers.

(d) Residences upto 300 sq.m. and Residential Uses incidental to the Main Use, Ashram/Mutts. ATMs, Water Treatment Plants

(5)

Any other uses not specified in items in columns (3), (4) and (5). (a) Fuel Filling

Stations, Bus

Terminal/Stand,

L o r r y

S t a n d ,

Crematorium,

Burial Ground,

Common Vault.

(b) Auditorium,

Convention centres,

Outdoor game

Stadium.Community

f a c i l i t i e s

i n c l u d i n g

Hospitals, Establish-

ments, Auditoriums

above 2000

Parking Plazas, Autorickshaw/Taxi/ Jeep Stands, Community facilities i n c l u d i n g Hospitals, Establishments, Auditoriums upto 2000 sq.m. Incidental to Public and Semi Public Use, Sewerage Treatment Plant, Water Treatment Plant above 5 million litres per day, Commercial Offices/ Establishment upto 300 sq.m. including banking and financial i n s t i t u t i o n s , Restaurents.

sq.m.

below 5 million liters per day, Tot lots, Parks and Play Ground, and Open Air Theatre. Transmission Towers and Wireless Stations. New areas or buildings for Religious uses.

(e) Retail Shops, Restaurants and Canteen up to 200 sq.m. 3 Industrial Zone

(a) All industries other than obnoxious and nuisance type (see Annexure II), Automobile workshops and Automobile Service Stations, Spray Paint- ing Workshops, Saw Mills, Ice factory, Cold storage, Printing Press, Water Treatment plants, Marble and Granite Storage/ Cutting centres, Industrial Estates, Industrial Parks.

(b) Transmission Towers and wireless stations, Electrical sub stations.

(1) (2) (3) (4)

(c) Retail Shops/banks upto 100 sq.m. ATMs, Restau- rants/canteen incidental, Bakeries and Confectionaries, Godowns/Warehouse/Stor- age of non hazardous materi- als, stacking yards, weigh bridge.

(d) Residential uses incidental to the industrial use, Government or Public sector offices incidental to the in- dustrial use, Public Utility ar- eas and buildings, Green houses, Storage of agriculture produces and seeds, Tot lots, parks and play grounds, park- ing plazas, transport terminals such as auto rick- shaws/taxi/jeep stands.

7 Fuel filling Stations, J u n k yards, Slaughter

Any other uses not specified in items in Columns (3), (4) and (5).

Houses, Storage of Explosive and Fire works, Gas Godown,

Sawmills with timber yard, Fish/ Meat processing

Centres, Dumping yards, Sewage Treatment plants

Residential uses up to 300 sq.m. Night shelters, guest houses, lodges upto 300 sq.m. Police station, Fire station, Post and Telegraph Office, Hospital and health centres upto 10 bed (Minimum extent of land 0.1 Hectares with coverage and FAR limited to 30 % and 1.0 respectively).

c r e m a t o r i u m / Common vault.

(5) (6)

Obnoxious and

nuisance type of industries (see A n n e x u r e - I I ) ,

religious building, B o a t j e t t y / p o r t / h a r b o u r s ,

Container terminals with minimum access width of

12 m.

8 G

.

2 2 7

/

4 Small Industrial Zone

2 0 1 0

/

(a) All types of small Industries other than Obnoxious and Nuisance Type industries (See Annexure II).

Any other uses not specified in items in Columns (3), (4) and (5). D T P

.

(b) Retail business and Wholesale Business incidental to the Industries, public and semi public offices incidental to the Industrial use.

9 (c) Residences up to 100 sq.m. Residential uses incidental to main use.

(d) ATMs, Cyber cafe, restaurants up to 200 sq.m. Gymasium/yoga centre, Godown/warehouse/storage up to 100 sq.m.

All types of industries other than obnoxious and nuisance type industries (See Annexure-II) Petrol filling stations, bus terminals, minor storage of e x p l o s i v e s , fireworks, Shopping complex and super markets, beer pubs/ parlour, liquor bars, civil defence and home guard, forensic science lab, religious centres, hospital and health centre up to 50 beds (minimum extent of land shall be 0.3 hectare with coverage and Floor Area Ratio limited to 30 % and 1.0

(e) Automobile show rooms, weigh bridge, IT/software units, stacking yards, cottage industries, Automobile workshop 2/3 wheelers, Automobile workshop with power, Automobile service

Residential buildings up to 300 sq.m. Truck terminals, waste disposal plants, hotel, retail shops, whole sale shops, godowns, Night shelters, guest houses/lodges up to 500 sq.m., professional offices up to 500 sq.m. commercial offices/ establishments up to 200 sq.m., banking and financial institutions, r e s t a u r a n t s / c a n t e e n , local/state/central/public sector offices, daycare and Creche, nursery/ kindergarten, police post, police station, fire post/ station, post and telegraph office, general and head post office, telephone exchange, library and reading rooms, social welfare centres, public utility building, hospital and

(1) (2)

(3) (4) (5) (6)

respectively), lorry stand, container terminal, boat jetty, harbours, ports, storage of explosive and fireworks.

health centre up to 10 bed (minimum extent of land shall be 0.1 hectare with coverage and Floor Area Ratio limited to 30 % and 1.0 respectively), Taxi/ jeep stand, Auto rickshaw stand, seed farms, storage of agricultural produces and seeds, greenhouses.

1 0 stations, cold storage, ice factory, printig press, IT/ h a r d w a r e / e l e c t r o n i c industries, Marble and Granite Storage, Industrial Estates and Industrial Parks, transmission towers and wireless station electric substation clinics (out- patient)/Diagnostic centres up to 100 sq.m. Tot lots, parks, play ground, parking plaza, junk yards, gas godowns, fish/meat processing centres, Storage of Agricultural Produces and Seeds.

Existing religious uses and related buildings retained.

5 Religious zone

Any other uses not specified in items in Columns (3), (4) and (5).

Social welfare centers, shops upto 300 sq.m., Educational institutions up to 500 sq.m. R e s i d e n t i a l u s e incidental to main use.

S h o p s , A u d i t o r i u m s / Wedding halls/ Community halls, E d u c a t i o n a l institutions above 500 sq.m. Public utility buildings

Pavilions and grand

6 Area

Reserved for park and

open space

Parks, open spaces and maidans, play grounds, botanical gardens, clubs, swimming pools, open air theatres, existing religious uses, traffic parks, a m u s e m e n t p a r k s , zoological garden, bird sanctuary, camping site, plant nursery, agricultural and horticulture, pastures and grazing ground, pump house, wells and irrigation ponds and green houses.

(1) (2) (3) (4)

Outdoor games stadium, ashrams and mutts.

7 Commercial Zone

(a) All shops, including wholesale shops, shopping complex, shopping malls, multiplex, hyper markets, markets, restaurants, hotels, cinema theatres.

smoke house, other public utility areas and buildings.

Parking Plazas, car stand, taxi stand, bus stops and plant nursery.

Dairy farms and poultry farms. Water treatment plant above 5 million litres per day.

( b ) P r o f e s s i o n a l / c o m m e r c i a l o f f i c e s / establishments, studios, banking and financial institutions, IT/Software units, movie halls, godowns/ warehouse/storage of non- hazardous materials and staking yards.

Service garages, industrial use of non- nuisance character employing not more than 20 workers and power not exceeding 30 HP upto 200 sq.m.

(c) Existing residential uses residential buildings upto 300 sq.m. of floor area, residential a p a r t m e n t s with and lower floors for commercial uses, night shelters, orphanages, old age homes, dharmasala, hostels and boarding houses, lodges and guest houses.

(d) Cottage industries, automobile workshop, automobile service station, cold storage.

Police post, fire post and art gallery.

stands, aquarium, TV/ radio kiosks and social and cultural establish-

Any other uses not specified in items in Columns (3), (4) and (5).

1 1

ments, public utilities, museums, temporary usage for fair exhibitions

etc. ATMs, gymnasium/ yoga centre, water treatment plants below 5

Million Litres per Day, Auto rickshaw stand.

(5) (6)

Any other uses not specified in items in columns (3), (4) and (5).

1 2 Fuel filling station, hospitals and health centres upto 50 beds, parks and play grounds, fair grounds, open air theatre, transport terminals. service garages, industrial use of non-nuisance c h a r a c t e r employing not more than 20 workers and power not exceeding 30 HP above 200 sq.m. areas and buildings for religious uses.

(e) Service and small industries of non-nuisance nature, (See Annexure I) with number of workers limited to 19 without power or 9 workers with power limited to 30HP.

(f) Weigh bridges, printing press,Government or Public Sector offices, expansion of e x i s t i n g e d u c a t i o n a l institutions, public utility areas and buildings run by Government.

1 3 (g) Transmission towers and wireless station. Social welfare Centre/Institutions, library, reading room.

(h) Museum, auditorium, wedding halls/community halls, convention centres, swimming pools, clinics, d i a g n o s t i c c e n t r e s , dispensaries and hospitals up to 25 beds on plots abutting major roads having width more than 9 metre. water treatment plant below 5 million litres per day.

ANNEXURE I

Type of non-obnoxious and non-nuisance type of service or Light industries permissible in Residential Zones

1. Production of copra.

2. Processing of arecanut.

3. Rice and flour mills.

4. Production of rice, flour etc. by hand pounding.

5. Processing of cardamom, ginger, pepper etc.

6. Production of khandsari from sugar cane.

7. Carrying and preservation of fruits and production of jam, jelly etc.

8. Processing and preservation of cashewnuts.

9. Bakeries.

10. Production of dairy products.

11. Oil Mills (Vegetables).

12. Extraction of oil by ghani.

13. Manufacture of hydrogenated oil.

14. Manufacture of "aval" (Beaten rice) appalam.

15. Production of vinegar.

16. Manufacture of soda, water, lemonade etc.

17. Manufacture of ice.

18. Manufacture of ice cream.

19. Processing, packing and distribution of tea.

20. Processing, grinding, packing and distribution of coffee.

21. Manufacture of syrup.

22. Manufacture of beedi.

23. Manufacture of cigar.

24. Manufacture of tobacco snuff.

27. Cotton spinning other than in mills.

28. Cotton spinning and weaving in mills.

29. Dyeing and bleaching of cotton.

30. Cotton weaving in power looms.

31. Handloom weaving.

32. Khadi weaving in handloom.

33. Printing of cotton textiles.

34. Manufacture of cotton thread, rope, twine etc.

35. Jute spinning.

36. Manufacture of jute products including repairing of gunny bags.

37. Weaving of silk by handloom.

38. Manufacture of hosiery goods.

39. Making of embroidery products.

40. Tailoring.

41. Manufacture of quilts and mattresses.

42. Manufacture of coir and coir products.

43. Manufacture and assembling of umbrellas and production of spare parts of umbrellas.

44. Repairing of umbrellas.

45. Manufacture of wooden furniture and fixtures.

46. Manufacture of structural wooden goods such as doors, beams etc.

47. Manufacture of wooden industrial goods such as parts of handloom, ambarcharka, bobbirs etc. 48. Manufacture of wooden utensils, photo frames, toys etc. and photo framing.

49. Cane industry including baskets, weaving etc.

50. Manufacture of miscellaneous wooden articles such as sticks, sandals, rulers etc.

51. Manufacture of paperboard and paper by hand.

52. Making of paper boxes, bags, envelopes etc.

53. Printing and publishing of newspapers and periodicals.

54. Printing and publishing of books.

55. Miscellaneous printing works including type cutting, book binding.

56. Manufacture and repairing of leather shoes and chappals.

57. Manufacture of leather products such as suitcase, bag etc.

58. Valcanising and repairing of tyres and tubes.

59. Manufacture of rubber gloves.

60. Manufacture of Rubber products such as rubber-sheets, nipples and rubber shoes including smoke-rubber.

61. Manufacture of pharmaceuticals, chemicals, Ayurvedic medicine etc.

62. Manufacture of agarbathi and other cosmetics.

63. Manufacture of plastic products such as nameplates etc.

64. Manufacture of lemongrass oil, candles etc.

65. Manufacture of cement products such as well-keros, tube, closets etc. 16

66. Manufacture of structural stone goods, stone crushing, stone carving, stone dressing, marble carving etc. 67. Manufacture of stonewares.

68. Manufacture of stone images.

69. Manufacture of chinawares and crockery.

70. Manufacture of large containers of chinaware.

71. Manufacture of glass and glass products.

72. Manufacture of clay models.

73. Manufacture of Iron and steel furniture.

74. Manufacture and repairing of brass and bell metal products.

75. Manufacture of Aluminium utensils and other products.

76. Manufacture of Tin cars and copper vessels.

77. Electroplating, tinplating, welding etc.

78. Manufacture of Agricultural implements, screws etc. (Blacksmith and foundry)

79. Manufacturing, assembling and repairing of machinery such as water pumps, oil mill chuck etc. 80. Manufacture of small machine tools and machine parts.

81. Manufacture of sewing machine parts and assembling and repairing of sewing machine.

82. Manufacture of electrical machinery and repairing of electric motors, armature windings etc.

83. Manufacture and repairing of electric fans.

84. Charging and repairing of batteries.

85. Repairing of Radios, microphones etc.

86. Manufacture of electric meters, production of electric and allied products, repairing and servicing of electrical appliances.

87. Body building of motor vehicles.

88. Manufacture and repairing of motor engine parts and accessories.

89. Servicing and repairing of motor vehicle.

G. 227/2010/DTP.

92. Manufacture and repairing of animal-drawn and hand drawn vehicles.

93. Repairing of photographic equipments spectacles etc.

94. Manufacturing of medical instruments.

95. Repairing of watches and clocks.

96. Manufacture of Jewellery.

97. Manufacture, repair and tuning of musical instruments.

98. Manufacture of sports goods, balloons etc.

99. Ivory, carving and ivory works.

100. Miscellaneous industries.

ANNEXURE-II

List of obnoxious or nuisance industries subject to objectionable odours,

fumes, effluents or processors to be located in hazardous zones

(Grouped under Indian Standard Industrial Classification)

I Manufacture of Foodstuff :

1. Slaughtering, preservation of meat and fish and canning of fish.

II Manufacture of Beverages :

2. Production of distilled spirits, wines, liquor etc., from alcoholic malt, fruits and malts in distillery and brewery.

3. Production of country liquor and indigenous liquor such as toddy, liquor from mahua, palm juice.

III Manufacture of Textiles :

4. Dyeing and bleaching of cotton.

IV Manufacture of Wood and Wooden Products :

5. Sawing and planning of wood. 6. Wood seasoning and creosoting. 7. Manufacture of veneer and plywood. 8. Paper, pulp and straw board.

VI Manufacture of Rubber, Petroleum and Coal Products :

10. Manufacture of tyres and tubes. 11. Manufacture of industrial and synthetic rubber.

12. Reclamation of rubber.

13. Production of petroleum, kerosene and other petroleum products in refineries.

14. Production of chemicals and chemical products.

VII Manufacture of Chemicals and Chemical Products :

15. Manufacture of basic industrial chemicals such as acids, alkali and their salts not elsewhere specified (especially sulphurous, sulphuric, nitric, hydrochloric etc., acids) ammonia, chlorine and bleaching powder manufactures.

16. Manufacture of dyes, paints, colours and varnishers, printing ink.

17. Manufacture of fertilizers (specially from organic materials)

18. Manufacture of disinfectants and insecticides.

19. Manufacture of ammunition, explosive and fire works.

20. Manufacture of matches.

VIII Manufacture of non-metallic Mineral Products other than Petroleum and Coal :

21. Manufacture of cement and cement products.

22. Manufacture of lime.

23. Manufacture of plaster of Paris.

IX Manufacture of Basic Metals and their Products:

24. Manufacture of iron and steel including smelting, refining, rolling and conversion into basic forms.

25. Manufacture including smelting, refining etc., or nonferrous metals and alloys in basic forms.

26. Manufacture of Armaments

X Manufacture of Machinery (other than transport) and Electrical Equipments :

27. Manufacture of all kinds of battery.

XI Miscellaneous items not covered above :

28. Incineration, reduction or dumping of offal, dead animal's garbage or refuse.

29. Manufacture of gelatin and glue.

30. Fat, tallow, grease or lard refining of manufacture.

31. Bone meal, bone grist and bone powder.

32. Manufacture of cashew nut shell oil.

33. Other similar types of nuisance industries."

By order of the Governor,

S. M. VIJAYANAND, Principal Secretary to Government.