Official guidance, Tamil Nadu land law
Planning Permission Validity Clarification
The Office of the Commissioner of Town and Country Planning, Chennai 02, issued reference number Roc.No.25437/2014/GR dated 6 June 2017 to clarify the amendment increasing planning permission validity under the Town and Country Planning Act 1971 from three years to five years. The clarification applies the five year period to permissions expiring on or after 30 March 2017 and to renewal applications under examination by the Chennai Metropolitan Development Authority or a local body on that date.
What the clarification does
The Office of the Commissioner of Town and Country Planning, Chennai 02, issued reference number Roc.No.25437/2014/GR dated 6 June 2017 following an amendment to Section 50 of the Town and Country Planning Act 1971. The amendment replaces the three year validity period for planning permission with a five year validity period.
The amendment was notified in TNGG No.86, Part IV, Section 2, page 61, dated 30 March 2017. A copy had previously been circulated by the Office of the Commissioner of Town and Country Planning.
Cases covered
The clarification records that questions were received about planning permissions issued before 30 March 2017. A resolution adopted at the 255th meeting of the Chennai Metropolitan Development Authority on 21 April 2017 was also approved for use within the jurisdiction of the Directorate of Town and Country Planning.
The five year validity period applies to:
- Planning permissions originally issued with a three year validity period that expire on or after 30 March 2017.
- Applications for renewal of planning permission that had been received and were under examination by the Chennai Metropolitan Development Authority or a local body on 30 March 2017.
Who may be affected
The clarification may affect property owners, developers and planning professionals holding a planning permission that was issued for three years but had not expired before 30 March 2017. It may also affect applicants whose renewal requests were already being examined by the Chennai Metropolitan Development Authority or a local body on that date.
The document does not state that every planning permission issued before 30 March 2017 automatically receives five year validity. It identifies the two categories above. It also does not provide a new application process, fee or list of documents for obtaining the extended validity.
Administrative action
The Office of the Commissioner of Town and Country Planning sent the clarification to all subordinate offices for information and necessary action. The stated purpose is consistent handling of the amendment within the Directorate of Town and Country Planning jurisdiction.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does a planning permission expiring after 30 March 2017 receive five year validity?
Yes. The clarification covers planning permissions issued with three year validity that expire on or after 30 March 2017.
What if my renewal application was pending on 30 March 2017?
The five year provision applies if the renewal application had been received and was under examination by the Chennai Metropolitan Development Authority or a local body on 30 March 2017.
Does the clarification apply within the Directorate of Town and Country Planning jurisdiction?
Yes. The document states that the Chennai Metropolitan Development Authority resolution can also be adopted for the Directorate of Town and Country Planning jurisdiction.
Did the amendment change planning permission validity from three years to five years?
Yes. The document states that Section 50 of the Town and Country Planning Act 1971 was amended so that every permission has five years of validity instead of three years.
