Planning Permission and Technical Clearance Power Delegation Circular
The Office of the Commissioner of Town and Country Planning issued this unnumbered Circular on 11 November 2013, signed by Commissioner of Town and Country Planning A. Karthik, to modify earlier delegations for granting planning permission and technical clearance in planning and non-planning areas. It authorises subordinate offices to handle specified industrial, school and other educational building proposals up to a total built-up area of 25,000 square feet, while larger proposals must be referred to the Director of Town and Country Planning.
What the circular does
The Office of the Commissioner of Town and Country Planning issued the unnumbered Circular dated 11 November 2013 to modify the powers delegated to subordinate planning offices. It applies to planning permission and technical clearance in both planning areas and non-planning areas, and came into force immediately.
The Circular follows earlier delegations under Government Order Ms. No. 754, Rural Development and Local Administration Department, dated 7 May 1979, Government Order Ms. No. 664, Rural Development and Local Administration Department, dated 26 April 1984, and departmental circular letters dated 9 July 1996 and 20 December 2010.
Delegated approval limit
The Office of the Commissioner of Town and Country Planning permits subordinate offices to issue planning permission or technical clearance for:
- All industrial buildings.
- School buildings with ground floor plus two floors.
- Other educational buildings.
- Proposals where the total built-up area does not exceed 25,000 square feet.
- The 25,000 square feet calculation must include the area of existing buildings within the premises.
If the proposed built-up area exceeds this delegated limit, the proposal must be referred to the Director of Town and Country Planning for approval.
Non-planning areas
Government Order Ms. No. 302, Housing and Urban Development (UD4-1) Department, dated 29 December 2010, is cited as introducing an amendment under the Town and Country Planning Act, 1971. For development on land outside a planning area, the local authority must obtain the prior concurrence of the Director before granting permission.
Compliance by planning offices
The Office of the Commissioner of Town and Country Planning recorded that inspections at the Chengalpattu Regional Office, Mamallapuram Local Planning Authority and Coimbatore Regional Office found technical clearances for group development proposals other than residential developments that were outside the delegated powers.
The Circular therefore:
- Reiterates the limits of earlier power delegations.
- Requires subordinate officers to submit lists of group development proposals approved at their level contrary to those delegations.
- Directs Regional Deputy Directors, Member Secretaries, Local Planning Authorities and New Town Development Authorities to follow the modified delegation.
- Requires receipt of the Circular to be acknowledged by return post.
Property owners and developers proposing industrial, school or other educational buildings should check the total built-up area, including existing buildings, to identify whether the subordinate office can process the proposal or whether referral to the Director is required.
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Common questions
Can a subordinate planning office approve an industrial building proposal?
Yes, the Circular delegates planning permission or technical clearance for industrial buildings where the total built-up area, including existing buildings on the premises, does not exceed 25,000 square feet.
What happens if the proposed built-up area exceeds 25,000 square feet?
The proposal must be referred to the Director of Town and Country Planning for approval.
Does the 25,000 square feet limit include buildings already on the property?
Yes. The total built-up area must include the area of existing buildings within the premises.
Is prior concurrence required for development in a non-planning area?
Yes. The Circular states that the local authority must obtain the prior concurrence of the Director before granting permission for development on land outside a planning area.
