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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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▪ 2018 } ➢| 10 {
No. 44 Poudouchéry Lundi 1 0 Septembre 2018
No. Puducherry Monday 10th September 2018
( 19 Bhadra 1940 )
GOVERNMENT OF PUDUCHERRY
CHIEF SECRETARIAT (HOUSING)
(G.O. Ms. No. 07/2018-Hg., Puducherry, dated 7th September 2018)
NOTIFICATION
In exercise of the powers conferred by clause (iii) of sub-section (2) of section 47 of the Puducherry Town and Country Planning Act, 1969 (No. 13 of 1970), the Lieutenant-Governor, Puducherry in consultation with the Town and Country Planning Department, hereby makes the following amendment to the Puducherry Building Bye-Laws and Zoning Regulations, 2012 issued in the Notification vide G.O. Ms. No. 5/ 2012- Hg., dated 5th March, 2012 of the Chief Secretariat (Housing) and published in the Part-I of Extraordinary Official Gazette No. 21, dated 8th March, 2012, namely:-
[ 723] 724 LA GAZETTE DE L'ETAT [PART–II
(1) These Bye-laws and Regulations may be called the Puducherry Building Bye-Laws and Zoning Regulations (First Amendment), 2018.
(2) The provisions of these bye-laws and zoning regulations
shall apply to the planning area declared vide:-
(i) G.O. Ms. No. 79/84/F 6, dated 17th day of August 1984, notified in the Gazette No. 35, dated 28th day of August 1984 ;
(ii) G.O. Ms. No. 93/85/F 6, dated 8th day of July 1985, notified in the Gazette No. 31, dated 30th day of July 1985; and
(iii) G.O. Ms. No. 68/89/F 6, dated 26th day of July 1989, notified in the Gazette No. 83, dated 31st day of July 1989 of Housing Secretariat, Puducherry and such other areas in the Union Territory of Puducherry notified from time to time.
(3) They shall come into force on and from the date of their
publication in the Official Gazette.
In the Puducherry Building Bye-laws and Zoning Regulations, 2012 after the existing Annexure XXII, the following shall be inserted, namely:
ANNEXURE- XXIII
Regulation for Conservation of Heritage Sites Including Heritage
Buildings, Heritage Precincts and Natural Feature Areas
Conservation of heritage sites shall include buildings, artifacts, structures, areas and precincts of historic, aesthetic, architectural, cultural or environmentally significant nature (heritage buildings and heritage precincts), natural feature areas of environmental significance or sites of scenic beauty.
1. Applicability.— These regulations shall apply to heritage sites which shall include those buildings, artifacts, structures, streets, areas and precincts of historic, architectural, aesthetic, cultural or environmental value (hereinafter referred to as Listed Heritage Buildings/Listed Heritage Precincts) and those natural feature areas of environmental significance or of scenic beauty including, but, not restricted to, sacred groves, hills, 725
PART–II] LA GAZETTE DE L'ETAT
hillocks, water bodies (and the areas adjoining the same), open areas, wooded areas, points, walks, rides, bridle paths (hereinafter referred to as 'listed natural feature areas') which shall be listed in notification(s) to be issued by the State Government/ identified in Master Plan.
The provisions in this notification are beyond the regulations applicable on the Prohibited and Regulated areas as defined by Ancient Monuments and Archaeological Sites and Remains (AMASR) Act 2010, where site specific Heritage Bye-Laws prepared and notified by the Competent Authority (National Monuments Authority) under the AMASR Act shall be applicable. NOC shall have to be obtained by submission of required documents as may be necessary, including "Heritage Impact Assessment" report, if so necessitated by the National Monuments Authority (NMA).
1.1 Definitions.— (a) "Heritage building" means and includes any building of one or more premises or any part thereof and/or structure and/or artifact which requires conservation and/or preservation for historical and/or architectural and/or artisanry and/or aesthetic and/or cultural and/or environmental and/or ecological purpose and includes such portion of land adjoining such building or part thereof as may be required for fencing or covering or in any manner preserving the historical and/or architectural and/or aesthetic and/or cultural value of such building.
(b) "Heritage Precincts" means and includes any space that requires conservation and/or preservation for historical and/or architectural and/or aesthetic and/or cultural and/or environmental and/ or ecological purpose. Walls or other boundaries of a particular area or place or building or may enclose such space by an imaginary line drawn around it.
(c) "Conservation" means all the processes of looking after a place so as to retain its historical and/or architectural and/or aesthetic and/or cultural significance and includes maintenance, preservation, restoration, reconstruction and adoption or a combination of more than one of these.
(d) "Preservation" means and includes maintaining the fabric of
a place in its existing state and retarding deterioration.
(e) "Restoration" means and includes returning the existing fabric of a place to a known earlier state by removing accretions or by reassembling existing components without introducing new materials.
726 LA GAZETTE DE L'ETAT [PART–II
(f) "Reconstruction" means and includes returning a place as nearly as possible to a known earlier state and distinguished by the introduction of materials (new or old) into the fabric. This shall not include either recreation or conjectural reconstruction.
1.2 Responsibility of the owners of heritage buildings.— It shall be the duty of the owners of heritage buildings and buildings in heritage precincts or in heritage streets to carry out regular repairs and maintenance of the buildings. The Government, the Municipality or the Local Bodies and Planning Authorities concerned shall not be responsible for such repair and maintenance except for the buildings owned by the Government, Municipality or the other Local Bodies.
1.3 Restrictions on development/re-development/repairs, etc.— No development or redevelopment or engineering operation or additions/ alterations, repairs, renovations of the building, replacement of special features or plastering or demolition of any part thereof of the said listed buildings or listed precincts or listed natural feature areas shall be allowed except with the prior permission of Commissioner, Municipality/ Local Body/Member-Secretary of the Planning Authority. Before granting such permission, the Planning Authority shall consult the State Level Heritage Conservation and Advisory Committee (SLHCAC) to be appointed/appointed by the Government and shall act in according with the advice of the State Level Heritage Conservation and Advisory Committee (SLHCAC).
(i) Provided that, before granting any permission for demolition or major alterations/additions to listed buildings (or buildings within listed streets or precincts), or construction at any listed natural features, or alteration of boundaries of any listed natural feature areas, objections and suggestions from the public shall be invited and shall be considered by the State Level Heritage Conservation and Advisory Committee (SLHCAC).
(ii) Provided that, only in exceptional cases, for reasons to be recorded in writing, the Member-Secretary of the Planning Authority may refer the matter back to the State Level Heritage Conservation and Advisory Committee (SLHCAC) for reconsideration.
However, the decision of the State Level Heritage Conservation and Advisory Committee (SLHCAC) after such reconsideration shall be final and binding.
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PART–II] LA GAZETTE DE L'ETAT
1.4 Penalties.— (i) Violation of the regulations shall be punishable under the provisions regarding unauthorized development. In case of proved deliberate neglect of and/or damage to Heritage Buildings and Heritage Precincts, or if, the building is allowed to be damaged or destroyed due to neglect or any other reason, in addition to penal action provided under the concerned Act, no permission to construct any new building shall be granted on the site if, a Heritage Building or Building in a Heritage Precinct is damaged or pulled down without appropriate permission from Member-Secretary of the Planning Authority concerned.
(ii) It shall be open to the State Level Heritage Conservation and Advisory Committee (SLHCAC) to consider a request for rebuilding/ reconstruction of a Heritage Building that was unauthorizedly demolished or damaged, provided that the total built-up area in all floors put together in such new construction is not in excess of the total built-up area in all floors put together in the original Heritage Building in the same form and style in addition to other controls that may be specified.
1.5 Preparation of list of heritage sites including heritage buildings, heritage precincts and listed natural feature areas.— (i) The list of heritage sites including Heritage Buildings, Heritage Precincts and listed Natural Features Areas is to be prepared and supplemented by the Member-Secretary of the Planning Authority on the advice of the State Level Heritage Conservation and Advisory Committee (SLHCAC). Before being finalized, objections and suggestions of the public are to be invited and considered. The said list to which the regulation applies shall not form part of this regulation for the purpose of Building Bye-laws.
(ii) The list may be supplemented from time to time by Government on receipt of proposal from the agency concerned or by Government suo-moto provided that before the list is supplemented, objections and suggestions from the public be invited and duly considered by the Commissioner, Municipality/Local Body/Planning Authority/and/or Government and/or the State Level Heritage Conservation and Advisory Committee (SLHCAC).
(iii) When a building or group of buildings or natural feature areas are listed it would automatically mean (unless otherwise indicated) that the entire property including its entire compound/plot boundary along with all the subsidiary structures and artifacts, etc. within the compound/plot boundary, etc. shall form part of list.
728 LA GAZETTE DE L'ETAT [PART–II
1.6. Alteration/modification/relaxation in development norms.— On the advice of the said State Level Heritage Conservation and Advisory Committee (SLHCAC) to be appointed by the Government and for reasons to be recorded in writing, the Member-Secretary of the Planning Authority shall follow the procedure as per Town and Country Planning Act, to alter, modify or relax the Development Control Norms prescribed in the Master Plan, if required, for the conservation or preservation or retention of historic or aesthetic or cultural or architectural or environmental quality of any heritage site.
1.7. Heritage precincts/Natural feature areas.— (i) In cases of streets, precincts, areas and [where deemed necessary by the State Level Heritage Conservation and Advisory Committee (SLHCAC)] natural feature areas notified, development permissions shall be granted in accordance with the special separate regulation prescribed for respective streets, precincts/natural feature areas which shall be framed by the Member-Secretary of the Planning Authority on the advice of the State Level Heritage Conservation and Advisory Committee (SLHCAC).
(ii) Before finalizing the special separate regulations for precincts, streets, natural features, areas, the Draft of the same shall be published in the Official Gazette and in leading newspapers for the purpose of inviting objections and suggestions from the public. All objections and suggestions received within a period of 30 days from the date of publication in the Official Gazette shall be considered by the Member-Secretary of the Planning Authority/State Level Heritage Conservation and Advisory Committee (SLHCAC).
(iii) After consideration of the above suggestions and objections, the agency concerned, acting on the advice of the State Level Heritage Conservation and Advisory Committee (SLHCAC) shall modify (if necessary) the aforesaid Draft separate regulations for streets, precincts, areas and natural features and forward the same to Government for notification.
1.8. Road widening.— Widening of the existing roads under the
Master Plan of the City or Town/Zonal Development Plan or in the Layout Plan shall be carried out considering the existing heritage
buildings (even if, they are not included in a Heritage Precinct) or which may affect listed natural features areas.
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PART–II] LA GAZETTE DE L'ETAT
1.9. Incentive uses for heritage buildings.— In cases of buildings
located in non-commercial use zones included in the Heritage
Conservation List, if, the owner/owners agree to maintain the listed
heritage building as it is in the existing state and to preserve its heritage
state with due repairs and the owner/owners/lessees give a written
undertaking to that effect, the owner/owners/lessees may be allowed
with the approval of the State Level Heritage Conservation and Advisory
Committee (SLHCAC) within permissible use zone to convert part or
whole thereof of the non-commercial area within such a heritage building
to commercial/office use/hotel. Provided that if, the heritage building is
not maintained suitably or if, the heritage value of the building is spoiled
in any manner, the commercial/office/hotel use shall be disallowed.
1.10. Maintaining skyline and architectural harmony.— After the
guidelines are framed, buildings within heritage precincts or in the
vicinity of heritage sites shall maintain the skyline in the precinct and
follow the architectural style (without any high-rise or multi-storeyed
development) as may be existing in the surrounding area, so as not to
diminish or destroy the value and beauty of or the view from the said
heritage sites. The development within the precinct or in the vicinity of
heritage sites shall be in accordance with the guidelines framed by the
Planning Authority on the advice of the State Level Heritage
Conservation and Advisory Committee (SLHCAC) or separate
regulations/guidelines, if any, prescribed for respective zones by
Municipality/Local Body/Planning Authority.
1.11. Restrictive covenants.— Restrictions existing as imposed
under covenants, terms and conditions on the leasehold plots either by
the State Government or by Municipality/Local Body or by Planning
Authority shall continue to be imposed in addition to Development
Control Regulations. However, in case of any conflict with the heritage
preservation interest/environmental conservation, this Heritage
Regulation shall prevail.
1.12. Grading of the listed buildings/listed precincts.— (i) Listed
Heritage Buildings/Listed Heritage Precincts may be graded into three
categories. The definition of these and basic guidelines for development
permissions are as follows:
730 LA GAZETTE DE L'ETAT [PART–II
(ii) Listing does not prevent change of ownership or usage. However, change of use of such Listed Heritage Building / Listed Precincts is not permitted without the prior approval of the State Level Heritage Conservation and Advisory Committee (SLHCAC). Use should be in harmony with the said listed heritage site.
Grading of Listed Heritage
Grade-I Grade-II Grade-III
(1)
(2)
(3)
(A) Definition
Heritage Grade-I comprises buildings and precincts of national or historic importance, embodying excellence in architectural style, design, technology and material usage and/or aesthetics; they may be associated with a great historic event, personality, movement or institution.
They have been and are the prime landmarks of the region.
All natural sites shall fall within Grade-I.
Heritage Grade-II (A&B) comprises of buildings and precincts of regional or local importance possessing special architectural or aesthetic merit, or cultural or historical significance though of a lower scale than Heritage Grade-I. They are local landmarks, which contribute to the image and identity of the region. They may be the work of master craftsmen or may be models of proportion and ornamentation or designed to suit a particular climate.
Heritage Grade-III comprises building and precincts of importance for townscape; that evoke architectural, aesthetic, or sociological interest through not as much as in Heritage Grade-II.
These contribute to determine the character of the locality and can be representative of lifestyle of a particular community or region and may also be distinguished by setting, or special character of the façade and uniformity of height, width and scale.
(B) Objective
Heritage Grade-I richly deserves careful
Heritage Grade-II deserves intelligent conservation.
preservation.
Heritage Grade-III deserves intelligent conservation (though on a lesser scale than Grade-II and special protection to unique features and attributes).
731
PART–II] LA GAZETTE DE L'ETAT
(1)
(2)
(3)
(C) Scope for Changes
No interventions be
permitted either on
exterior or interior of
the heritage building
or natural features
unless it is necessary
in the interest of
strengthening and
prolonging the life of
the buildings/or precincts
Grade-II(A): Internal changes and adaptive re-use may by and large be allowed but, subject to strict scrutiny. Care would be taken to ensure the conservation of all special aspects for which it is included in Heritage Grade-II.
or any part or features
thereof. For this
purpose, absolutely
essential and minimum
Internal changes and adaptive reuse may by and large be allowed. Changes can include extensions and additional buildings in the same plot or compound. However, any changes should be such that they are in harmony with and should be such that they do not detract from the existing heritage building/ precinct.
changes would be
allowed and they must
be in conformity with
the original.
Grade-II (B): In addition to the above, extension or additional building in the same plot or compound could in certain circumstances, be allowed provided that the extension/ additional building is in harmony with (and does not detract from) the existing heritage building(s) or precincts especially in terms of height and façade.
(D) Procedure
Development permission
for the changes would
be given on the advice
of the State Level
Heritage Conservation
and Advisory Committee
Development permission for changes would be given on the advice of the State Level Heritage Conservation and Advisory Committee (SLHCAC).
Development permission for the changes would be given on the advice of the State Level Heritage Conservation and Advisory Committee (SLHCAC).
(SLHCAC).
732 LA GAZETTE DE L'ETAT [PART–II
(1)
(2)
(3)
(E) Vistas/ Surrounding
Development
All development in All development in All development in
areas surrounding areas surrounding areas surrounding
Heritage Grade-I shall Heritage Grade-II shall Heritage Grade-III
be regulated and be regulated and shall be regulated and
controlled, ensuring controlled, ensuring controlled, ensuring
that it does not mar that it does not mar that it does not mar
the grandeur of, or the grandeur of, or the grandeur of, or
view from Heritage view from Heritage view from Heritage
Grade-I.
Grade-II.
Grade-III.
1.13. Opinion of the Heritage Conservation Committee.—Nothing
mentioned above should be deemed to confer a right on the owner/
occupier of the plot to demolish or reconstruct or make alterations to
his heritage building/buildings in a heritage precinct or on a natural
heritage site if, in the opinion of the State Level Heritage Conservation
and Advisory Committee (SLHCAC), such demolition/reconstruction/
alteration is undesirable.
1.14. Approval to preserve the beauty of the area.— The State
Level Heritage Conservation and Advisory Committee (SLHCAC) shall
have the power to direct, especially in areas designated by them, that
the exterior design and height of buildings should have their approval
to preserve the beauty of the area.
1.15. Signs and outdoor display structures/including street
furniture on heritage sites.— Commissioner, Municipality/Local Body/
Member-Secretary of the Planning Authority on the advice of the State
Level Heritage Conservation and Advisory Committee (SLHCAC) shall
frame regulations or guidelines to regulate signs, outdoor display
structures and street furniture on heritage sites.
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PART–II] LA GAZETTE DE L'ETAT
1.16. Composition of Heritage Conservation Committee.— The State Level Heritage Conservation and Advisory Committee (SLHCAC) shall be appointed by the State Government/Union Territory Government comprising of:
(i) Secretary to Government (Town Planning). . . Chairman
(ii) The Chief Engineer, Public Works Department. . . Member
(iii) Representative from the Local Administration . . Member
Department.
(iv) Director, Tourism Department.
. . Member
(v) Director, Art and Culture.
. . Member
(vi) In-charge-Architecture, State Public Works . . Member
Department.
(vii) St r uc tur al Eng ine er hav ing ex p er ien ce o f . . Member
10 years in the field and membership of the Institution of Engineers, India.
(a) Architect having 10 years experience. . . Member
(b) Urban Designer.
. . Member
(c) Conservation Architect.
. . Member
(viii) Environmentalist having in-depth knowledge . . Member
and experience of 10 years of the subject.
(ix) Histo rian having knowledge o f the r egio n . . Member
having 10 years experience in the field.
(x) Natural historian having 10 years experience . . Member
in the field.
(xi) Commissioners of Concerned Municipalities. . . Members
(xii) Rep r esentative of State Ar chaeo lo gical . . Member
Department.
(xiii) Chief Town Planner, Town and Country . . Member-
Planning Department. Secretary.
(a) T he C o mmit te e s ha ll h av e t he p o we r s t o co-opt up to three additional Members who may have related experience.
(b) The tenure of the Chairman and Members of
other than Gover nment Department/Local Bodies shall be three years.
734 LA GAZETTE DE L'ETAT [PART–II
1.17. The terms of reference of the Committee shall inter alia
be.— (i) To advice the Member-Secretary, Planning Authority whether
development permission is to be granted under Building Bye-Laws
regulations for heritage at S.No. 1.3. of this Notification and the
conditions of permission.
(ii) to prepare a supplementary list of heritage sites, which
include buildings artifacts, structures, streets, areas, precincts of
historic, aesthetic, architectural, cultural, or environmental significance
and a supplementary list of natural feature areas of environmental
significance, scenic beauty including but, not restricted to sacred groves,
hills, hillocks, water bodies (and the areas adjoining the same), open
areas, wooded areas, points, walks, rides, bridle paths, etc. to which this
Building Bye-Law would apply.
(iii) To advise whether any relaxation, modification, alteration,
or variance of any of the Building Bye-laws;
(iv) To frame special regulations/guidelines for precincts and
if necessary, for natural feature areas to advise the Member-Secretary,
Planning Authority regarding the same;
(v) To advise whether to allow commercial/office/hotel use in
the (name the areas) and when to terminate the same.
(vi) To advise the Member-Secretary, Planning Authority in the
operation of this Building Bye-law to regulate or eliminate/erection of
outside advertisements/bill boards/street furniture;
(vii) To recommend to the Member-Secretary, Planning
Authority guidelines to be adopted by those private parties or Public/
Government agencies who sponsor beautification schemes at heritage
sites;
(viii) To prepare special designs and guidelines/publications for
listed buildings, control of height and essential façade characteristics
such as maintenance of special types of balconies and other heritage
items of the buildings and to suggest suitable designs adopting
appropriate materials for replacement keeping the old form intact to the
extent possible.
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PART–II] LA GAZETTE DE L'ETAT
(ix) To prepare guidelines relating to design elements and
conservation principles to be adhered to and to prepare other guidelines
for the purposes of this Regulation;
(x) To advise the Member-Secretary, Planning Authority on any
other issues as may be required from time to time during course of
scrutiny of development permissions and in overall interest of heritage/
conservation;
(xi) To appear before the Government either independently or
through or on behalf of the Member-Secretary, Planning Authority in
cases of Appeals under Town and Country Planning Act in cases of
listed buildings/heritage buildings and listed precincts/heritage precincts
and listed natural feature areas.
1.18. Implications of listing as heritage buildings.— The
Regulations do not amount to any blanket prevention of demolition or
of changes to Heritage Buildings. The only requirement is to obtain
clearance from Commissioner, Municipality/Local Body/Member-
Secretary of the Planning Authority and State Level Heritage
Conservation and Advisory Committee (SLHCAC) from heritage point
of view.
1.19. Ownership not affected.— Sale and purchase of Heritage
Buildings does not require any permission from Municipality/Local body/
Planning Authority/or State Level Heritage Conservation and Advisory
Committee (SLHCAC). The Regulations do not affect the ownership or
usage. However, such usage should be in harmony with the said listed
precincts/buildings. Care will be taken to ensure that the development
permission relating to these buildings is given within 60 days.
(By order of the Lieutenant-Governor)
CHAURE RATNAGHOSH KISHOR,
Under Secretary to Government (Housing).
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