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Puducherry Gazette · Government of Puducherry

Puducherry Building Bye-Laws and Zoning Regulations (First Amendment), 2018.

Published 10 September 2018

Department
CHIEF SECRETARIAT (HOUSING)
Type
Extraordinary
Gazette no.
44
Part
II
Category
NOTIFICATION
Identifier
in.gazette.puducherry.2018-09-10.extraordinary-ii-issue-44
Languages
English, Tamil, French
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PART - II

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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.

727

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.

729

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.

733

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.

735

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).

online publication at "https://styandptg.py.gov.in" Published by The Director, Government Press Printed at: Government Central Press, Puducherry. Posted at: Puducherry HPO on every Tuesday

Cite this issue. Puducherry Gazette, Government of Puducherry, 10 September 2018. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2018-09-10.extraordinary-ii-issue-44/. Archive identifier in.gazette.puducherry.2018-09-10.extraordinary-ii-issue-44.