Official guidance, Tamil Nadu land law
Detailed Development Plan Variation and Building Approval Instructions
The Office of the Director of Town and Country Planning issued Roc. No.222262/2011/DP1, dated 21 September 2011, instructing Regional Deputy Directors and Member Secretaries how to handle building applications for sites affected by a Detailed Development Plan road or reservation. The instruction requires the Detailed Development Plan variation or road deletion to be obtained before the building approval proposal is processed further.
What the instruction governs
Roc. No.222262/2011/DP1, dated 21 September 2011, was issued by the Office of the Director of Town and Country Planning. It applies to building permission applications in Detailed Development Plan areas, including applications for buildings already constructed and buildings proposed to be constructed.
The instruction addresses sites where a Detailed Development Plan road or reservation falls within the property covered by the building application.
Required process
The Office of the Director of Town and Country Planning directs the Regional Deputy Director or Member Secretary to follow this sequence:
- First send a proposal for a Detailed Development Plan variation or deletion of the road affecting the site.
- Return the building plan application while that proposal is being pursued.
- Do not entertain the building plan approval proposal for further processing until the Detailed Development Plan variation or road deletion has been obtained.
The instruction therefore separates the planning variation or road deletion process from the building approval process. A building application cannot move forward merely because a variation or deletion proposal has been submitted.
Who may be affected
Roc. No.222262/2011/DP1 directly instructs all Regional Deputy Directors and Member Secretaries in regions, Local Planning Areas and New Town Development Authorities. It may affect owners, buyers, builders and applicants whose sites are within a Detailed Development Plan area and contain a planned road or reservation.
Applicants should expect the building application to be returned until the required variation or road deletion is obtained. The instruction applies whether the application concerns an existing building or a building that has not yet been constructed.
Unauthorised construction
Roc. No.222262/2011/DP1 also addresses unauthorised buildings constructed in a Detailed Development Plan area while a Detailed Development Plan variation is being processed. In that situation, Sections 56 and 57 of the Town and Country Planning Act must be followed immediately.
The document does not state the procedure or criteria for obtaining a variation or road deletion. It also does not provide a processing period for either the planning proposal or the later building approval.
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 my building approval be processed if a Detailed Development Plan road crosses my site?
Not until the required Detailed Development Plan variation or road deletion has been obtained. The building plan application must first be returned while the variation or deletion proposal is pursued.
Does the instruction apply to a building that has already been constructed?
Yes. Roc. No.222262/2011/DP1 covers applications for buildings already constructed as well as buildings proposed to be constructed in a Detailed Development Plan area.
What happens if an unauthorised building is constructed while the variation is being processed?
The instruction requires Sections 56 and 57 of the Town and Country Planning Act to be followed immediately.
Who must send the proposal for a Detailed Development Plan variation or road deletion?
The Regional Deputy Director or Member Secretary must send the proposal before the building approval proposal can be entertained for further processing.
