Official guidance, Tamil Nadu land law
Proceedings of the Director of Town and Country Planning No. 9862/10 PA1, 14 June 2010
The Director of Town and Country Planning, under the Tamil Nadu Housing and Urban Development Department, issued Proceedings No. 9862/10 PA1 dated 14 June 2010, amending the proceedings dated 25 May 2010 on delegation of planning approval powers to local bodies outside the Chennai Metropolitan Area. The proceedings allow eligible local bodies to approve specified small residential and commercial buildings, subject to site approval, planning rules, fee requirements and stated exclusions.
What the proceedings change
Proceedings No. 9862/10 PA1 dated 14 June 2010 expand and clarify the planning approval powers delegated to local bodies outside the Chennai Metropolitan Area. Local bodies under local planning authorities and new town development authorities may issue planning permission or technical clearance, while local bodies in other covered areas may issue technical approval, subject to the applicable planning and building requirements.
The delegated powers took effect from 1 June 2010. Hill areas and Coastal Regulation Zone areas are excluded.
Buildings covered
The Director of Town and Country Planning permits covered local bodies to grant site approval and building approval for:
- Residential buildings with a ground floor and up to two additional floors.
- Residential developments containing no more than four dwelling units and having a total floor area not exceeding 4,000 square feet.
- Commercial buildings with a ground floor and first floor, having a total floor area not exceeding 2,000 square feet.
The limits apply outside the Chennai Metropolitan Area. Property owners and applicants should confirm that the local body has jurisdiction and that the proposal falls within every stated limit.
Conditions and restrictions
Approvals under Proceedings No. 9862/10 PA1 must comply with the applicable municipal, corporation or panchayat building rules, master plan land use, detailed development plan requirements and layout conditions.
Key restrictions include:
- No site approval or building approval may be granted in an unauthorised layout.
- If a building has already been approved under the delegated limit, an application for additional construction on the same site cannot be approved by the local body, even if the addition appears to remain within the limit.
- Applications for additional construction must be sent to the relevant local planning authority office or Regional Deputy Director's office.
- Development charges fixed by the relevant local planning authority or new town development authority must be collected and forwarded to that authority.
- A payment of Rs. 300 is required when site approval is granted, using the account head specified in the proceedings.
- Infrastructure and basic amenities charges must be assessed and collected for the covered building categories in accordance with Government Order No. 161 of the Housing and Urban Development Department dated 9 September 2009.
Oversight
District Collectors and the relevant district administration are responsible for monitoring the delegated powers. District Collectors must also publish the delegation in newspapers for public information. Regional Deputy Directors must inspect local bodies and submit inspection reports to the Director of Town and Country Planning.
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Common questions
Can my local body approve a residential building with four homes?
Yes, if the property is outside the Chennai Metropolitan Area, the building has no more than four dwelling units, the total floor area does not exceed 4,000 square feet, and all other conditions and planning rules are satisfied.
Can a local body approve a commercial building under these proceedings?
Yes. The delegated power covers a commercial building with a ground floor and first floor and a total floor area not exceeding 2,000 square feet, subject to the applicable rules and site approval.
Does the delegation apply to an unauthorised layout?
No. Proceedings No. 9862/10 PA1 expressly prohibit both site approval and building approval in an unauthorised layout.
Can the local body approve an extension to a building it already approved?
No. An application for additional construction on the same site must be submitted to the relevant local planning authority office or Regional Deputy Director's office, even when it appears to remain within the delegated limits.