Detailed Development Plan Variations, Publication Particulars

What the guidance covers

The Director of Town and Country Planning guidance dated 6 February 2014 governs the procedure for variations requested by individuals in approved Detailed Development Plans. It was sent to Regional Deputy Directors, Member Secretaries of Local Planning Authorities and New Town Development Authorities, and other planning officials.

The guidance responds to delays caused when planning authorities failed to provide publication details and follow-up records after receiving a draft variation notification and variation map.

Draft variation and public notice process

The Director of Town and Country Planning may issue a draft variation notification after examining and agreeing to a variation request under section 33(1) of the Town and Country Planning Act 1971 and rule 21(1) of the Detailed Development Plan rules.

The required steps include:

• The draft variation notification is normally sent for publication in the Tamil Nadu Government Gazette.
• The relevant Local Planning Authority must publish the notification within one month in one or more daily newspapers circulating in the area and in the relevant District Gazette.
• A copy of the notice must also be displayed on the notice boards of the Local Planning Authority, local authorities, Regional Deputy Director's office and District Collector's office.
• The notification normally allows 60 days from its publication in the Tamil Nadu Government Gazette for objections and suggestions.
• The Local Planning Authority must compile submissions received within that period, place them before the authority, obtain a resolution and send the records to the Director of Town and Country Planning.
• Publication details, objections and suggestions, and the Local Planning Authority's resolution must be sent within four months from publication of the draft notification in the Tamil Nadu Government Gazette.

When a variation becomes effective

A draft variation does not itself change the approved Detailed Development Plan. The Director of Town and Country Planning considers the Local Planning Authority's records and may issue a confirmation notification under section 33(2) and rule 21(4).

The variation comes into force only from the date on which the confirmation notification is published in the Tamil Nadu Government Gazette. If the required publication and follow-up details are not submitted within four months, the guidance states that confirmation will not be issued and the draft variation will become ineffective.

Relevance to property interests

Property owners, buyers or applicants relying on a proposed plan variation should verify that all local publications were completed, objections were processed and a confirmation notification was published in the Tamil Nadu Government Gazette. A draft notification or variation map alone does not make the variation effective.