Official guidance, Tamil Nadu land law
சுற்றறிக்கை, ந.க.எண்.21834/2012/சிபி, நாள் 31.05.2013
The Commissioner of Town and Country Planning, Chennai-2, issued Circular ந.க.எண்.21834/2012/சிபி dated 31 May 2013, directing the Town and Country Planning Department and its subordinate offices to include a detailed environmental clearance condition when granting technical approval, planning permission or building permission for projects above the stated thresholds. It replaces the earlier brief condition with a requirement that applicants undertake no activity other than site fencing and a temporary guard shed until Environmental Clearance is obtained from the applicable environmental authority.
What the circular changes
Circular ந.க.எண்.21834/2012/சிபி dated 31 May 2013 was issued by the Commissioner of Town and Country Planning, Chennai-2. The Town and Country Planning Department had previously required approvals to state only that EIA clearance must be obtained before construction begins. The circular directs offices to use a more detailed condition for future proposals and relevant permissions.
The detailed condition prevents the project proponent or applicant from commencing any activity before obtaining Environmental Clearance, except for:
- Fencing the site.
- Constructing a temporary shed for a guard.
Projects covered
The Commissioner of Town and Country Planning’s direction applies where:
- The total building area exceeds 20,000 square metres.
- The layout area exceeds 50 hectares.
For proposals meeting these thresholds, the environmental condition must be included in the technical approval order. All subordinate offices are also instructed to include it when granting planning permission or building permission for the covered categories.
Environmental clearance authority
A project proponent or applicant covered by the condition must obtain Environmental Clearance under the EIA Notification, 2006. Depending on which authority applies to the project and its threshold limits, clearance must come from either:
- The State Level Environment Impact Assessment Authority.
- The Ministry of Environment and Forests, Government of India.
Planning, building or technical approval containing the condition does not itself allow the applicant to begin project activity before obtaining the required Environmental Clearance.
Effect on owners, buyers and professionals
Owners, developers, applicants and professionals dealing with a building or layout above the stated thresholds should check whether Environmental Clearance has been obtained before project activity starts. Until then, only site fencing and construction of a temporary guard shed are permitted under the condition.
The circular states that violation of this requirement is liable for action under section 19 of the Environment (Protection) Act, 1986. It was circulated to all subordinate offices and relevant officers responsible for processing or supervising approvals.
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
Can construction begin after planning or building permission is issued?
Not for a covered project unless the required Environmental Clearance has also been obtained. Before clearance, only site fencing and construction of a temporary guard shed are allowed.
Which projects are subject to the environmental clearance condition?
The condition applies where the total building area exceeds 20,000 square metres or the layout area exceeds 50 hectares.
Which authority provides the Environmental Clearance?
Depending on the project and applicable threshold limits, clearance must be obtained from the State Level Environment Impact Assessment Authority or the Ministry of Environment and Forests, Government of India.
What can happen if project activity starts without Environmental Clearance?
The circular states that violation of the requirement is liable for action under section 19 of the Environment (Protection) Act, 1986.
