Minutes of the Second Monitoring Committee Meeting Held on 21.12.2006 at 11.00 A.M. in the Conference Hall of CMDA

What the minutes cover

The Monitoring Committee minutes concern regularisation applications and appeals under section 113-A, action against unauthorised multi-storeyed and special buildings, enforcement staffing, encroachments, family partition subdivisions and completion certificates. Property owners, applicants and builders involved in unauthorised or non-compliant construction may be affected by the procedures recorded.

Regularisation and demolition

The Monitoring Committee recorded different treatment based on application and construction dates:

• Applications under the first 1999 regularisation scheme could be disposed of by the Chief Planner where the building was constructed before 28 February 1999. Any deviation required Monitoring Committee approval.
• Applications filed up to 30 June 2002 for buildings constructed on or before 28 February 1999 could be considered under the 1999 rules. The Monitoring Committee had a role in determining the cut-off date and merits, including possible rectification case by case.
• Applications filed up to 30 June 2002 for buildings constructed after 28 February 1999 were to proceed towards demolition on priority, based on the Court judgment dated 23 August 2006.
• For violations committed after 28 February 1999 without a regularisation application, CMDA could act under its procedures and submit periodic reports for review.

The Monitoring Committee was informed that CMDA had disposed of all applications submitted under the 1999 scheme, so extending the time limit did not arise.

Owners, builders and refunds

The Monitoring Committee noted that planning permit files often did not identify the builder. Where builder information was unavailable, it suggested fixing responsibility on the owner or applicant and levying a penalty.

Regularisation fees collected by CMDA had been kept in a Government PD Account. The Monitoring Committee considered that applicants whose applications were rejected under the High Court order had a right to claim a refund, but resolved to obtain legal opinion before deciding whether fees should be retained or refunded.

Enforcement and planning information

The Monitoring Committee recommended stronger enforcement staffing and considered whether enforcement should rest with local bodies. It also supported phased removal of encroachments from major corridors and accepted the proposal to upload Master Plan content to the website for public convenience.

For small subdivisions resulting from family partition, the Monitoring Committee resolved to continue CMDA's existing relaxation procedure. The minutes also record that completion certificates were issued where approved-plan requirements concerning setback, car parking and land use were met.