Official guidance, Tamil Nadu land law
Clarification on delegated planning permission powers
The Director of Town and Country Planning, in proceedings No. 9862/10 Pi V1 dated 17.02.2011, issued a clarification on delegated powers to local bodies for granting planning permission and technical clearance under the Tamil Nadu Town and Country Planning Act, 1971. The clarification explains how the delegated limits apply to residential and commercial buildings, including stilt floor parking area, and confirms that certain approvals for subdivision, amalgamation and existing or proposed buildings can be granted within those delegated powers.
What this document is
The Director of Town and Country Planning, in proceedings No. 9862/10 Pi V1 dated 17.02.2011, issued a clarification on delegated powers already given to local bodies to grant planning permission and technical clearance under the Tamil Nadu Town and Country Planning Act, 1971. The clarification refers to earlier proceedings No. 9862/10 Pi V1 dated 14.06.10 and No. 9862/10 Pi V1 dated 30.12.10.
What it governs
The clarification deals with planning permission powers delegated to local bodies that come under local planning areas and new town development authorities.
It covers delegated approval limits for:
- Residential buildings, ground floor plus first floor, up to 4000 square feet.
- Commercial buildings, ground floor plus first floor, up to 2000 square feet.
- Technical clearance along with planning permission within those limits.
Key clarifications
The Director of Town and Country Planning states the following clarifications:
- Stilt floor parking area is to be included in the total area calculation. With that inclusion, the delegated power applies up to 4000 square feet for residential use and up to 2000 square feet for commercial use.
- Under the new development control rules, Rule 8(viii) applies where there is more than one dwelling unit.
- Under the new development control rules, Rule 15(i) applies to plot subdivision, amalgamation and approval.
- Under plot subdivision Rule 5, local bodies may grant planning permission, within the delegated powers, by relaxing the relevant rule for proposals involving more than one dwelling unit.
- Power is delegated to grant approval for plot subdivision in a way that satisfies Tamil Nadu Municipal Building Rule 6(1), with relaxation of condition No. 3I mentioned in the text.
- The delegated power also extends to granting approval for buildings already existing on the site and for proposed buildings, so long as they fall within the delegated powers.
Who this affects
This clarification matters to:
- Property owners applying for small residential or commercial building approval.
- Buyers checking whether a local body could validly issue planning permission.
- Professionals handling subdivision, amalgamation or multi dwelling proposals.
- Local bodies and planning officials processing applications within delegated limits.
Practical takeaway
If a site or building proposal falls within the delegated size limits, the local body may grant planning permission and technical clearance, subject to the clarifications in these proceedings. The total area includes stilt floor parking area, which is important when checking whether a proposal stays within the delegated limit.
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 stilt floor parking count in the area limit for delegated approval?
Yes. The clarification says the area for stilt floor parking is included in the total area. The delegated limit is 4000 square feet for residential use and 2000 square feet for commercial use, including that area.
What size of building can a local body approve under these delegated powers?
The clarification mentions residential buildings of ground floor plus first floor up to 4000 square feet, and commercial buildings of ground floor plus first floor up to 2000 square feet.
Does this cover technical clearance as well as planning permission?
Yes. The proceedings state that the delegated powers cover both planning permission and technical clearance.
Can these delegated powers be used for subdivision or amalgamation of plots?
Yes. The clarification specifically refers to subdivision, amalgamation and approval under the new development control rules, and also mentions delegated approval for plot subdivision in the situations described in the text.
