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10 views

Mod 4

Uploaded by

Juzaila
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PROFESSIONAL PRACTICE

MODULE IV
MODULE IV

Building permits - procedures involved in obtaining permit to build/


renovate or repair/ extend building. Related bye laws.
Environmental clearances
Wetland Acts
CRZ rules
Laws relating to building on hilly areas
Architects' responsibility towards society and environment and necessity
of abiding with rules for sustainable building
Procedures involved in obtaining permit to build/
renovate or repair/ extend building
1.Apply in writing to the Secretary in the form in Appendix A1
Every person other than a
Central or State Government
Department

If the plot is owned by more than one person, the application shall be submitted jointly and signed by all the persons or by
legally authorized representatives of such persons, if any.
Appendix A1 Every person other than a Central or State Government
Department
2. Along with application Every person other than a Central or State Government
Department

• Drawings ( conformity with rules)


• Documents to prove ownership
• Land tax receipt issued by the village
office
• Possession certificate issued by the
village office
• Payment of application fee as
specified in Schedule I
• Copy of certificate of registration of
the Institution, Architect, Building
Designer, Engineer, Town Planner or
Supervisor who prepared drawings
• Details of Court cases if any.
• Joint Venture development-
agreement between land owner and
the developer .
Every person other than a Central or State Government
3. E-filing & verification Department

• Applications may also be submitted through e-filing system.


• Secretary or officer duly authorised by the Secretary - issue an acknowledgement to the
applicant on the same day - inform the applicant - any No Objection certificate required
• Secretary - inspection of the site and check site plan, drawings and specifications conform
to the site and verification documents( ownership of the site etc.) and record a certificate
to that effect in the site plan (Appendix J2).
• Online inspection report - submitted within 3 working days of receipt of application for
building permit.
• After approving site and site plan, verify building plan, elevation and sectional elevation of
the building and specifications of the work – follows rules and bye laws
• After that the secretary will approve the plan and issue permit to execute the work.
• Approval - intimated to applicant in writing and issue permit (AppendixB2 ) on remittance
of fees.
APPENDIX J2
APPENDIX B2
Refusal/ modifications

• If after inspection - Secretary decides to refuse approval - communicated in writing


specifying the reasons.
• Secretary - modification / any further document or plan or information /fresh plan -
intimate to applicant in writing within ten days from the date of receipt .
• Approval of site and plan shall take effect from the date of submission of the
application and rules at the time of issue of permit shall be applicable.
Procedures involved in obtaining permit to build
Building by Central or State
Government Department

• Officer authorized - before thirty days of commencement of work, submit to the Secretary :
➢Layout plan and all other details with a certificate duly signed by Chief Architect or the
Engineer-in-charge .
➢Plans (conformity with rules in all respects - Master Plan / Detailed Town Planning Scheme /
Interim Development Order in force under the Kerala Town and Country Planning Act, 2016
prepared for the area).
➢Approvals from Chief Town Planner or District Town Planner
Special case 1

• In some cases ( eg: security zone etc.) - Secretary shall obtain written consent/
concurrence/ NOC from the officer/ authority ( security zone- district collector) before
issuing the permit.
• The applicant may directly obtain NOC/Permission, from organizations and submit
along with the application for permit.
• Officer/authority - reply within fifteen days from the date of receipt of consultation
letter.
• If any objection- by officer (fifteen days) shall be duly considered by Secretary before
issuing permit.
Special case 2
• Any new building, having a connected load of 100kW or greater, or a contract demand of
120kVAor greater or having air-conditioned area of 500 sq.m. or greater, require the
compliance of the provisions of Kerala State Energy Conservation Building Code. ( except
group A1).
• Along with the application for building permit , submit forms mentioned in Kerala State Energy
Conservation Building Code Rules, notified by Kerala Government.
• Required certification from a certified Energy Auditor (Building) .
• Submitted to State Designated Agency.
• Within thirty days of receipt, agency scrutinize the same and intimate any non-compliance to
applicant and to Local Self Government Institution concerned.
• If any noncompliance, certificate of rectification from the applicant through the certified Energy
Auditor (Building) submitted to Local Self Government Institution before issuing completion
certificate.
Environmental clearances
Environmental clearances
• Procedure to get environmental clearance from government for ‘installation’ and
‘modification’ of certain projects.
• EIA (Environmental impact assessment )- Assessment of positive or negative impact
proposed project have on environment considering natural, social and economic
aspects.
• EIA began to use in 1960s
• EIA was made legislation in first in US in National Environmental Policy Act (NEPA)
1969
• In India, started on 1977-78.
• In 1994, EIA was made mandatory in India under Environmental Protection Act of
1986.

Purpose of Environmental clearances


• Analyse Consequence of development.
• Promotes sustainable development
Environmental Components Of EIA
Air environment Water environment
• Quality of ambient air • Existing ground and surface water -quality
and quantity.
• Meteorological data: Wind speed, • Impact on water resources.
direction, humidity etc. Biological environment
• Quantity of emission • Flora and fauna in impact zone.
• Impact of emission • Potential damage due to effluents,
emissions and landscaping.
• Pollution control desires/air quality • Biological stress (prediction).
standards.
Land environment
Noise • Study of soil characteristics, land use, and
• Levels of noise present and predicted drainage pattern, and adverse impact of
project.
• Strategies for reducing noise • Impact on historical monuments and
pollution. heritage site.
Main Participants Of EIA

• PROPONENT : propose the project


• ENVIRONMENTAL CONSULTANT : prepare EIA on behalf of project proponent.
• POLLUTION CONTROL BOARD (State or National).
• PUBLIC - express their opinion.
• IMPACT ASSESSMENT AGENCY.
• REGIONAL CENTRE of MINISTRY OF ENVIRONMENT AND FOREST.
ENVIRONMENT CLEARANCE PROCESS IN INDIA
ENVIRONMENT CLEARANCE PROCESS IN INDIA
1. SITE SELECTION: Project proponent identifies location of project site in
compliance with existing siting guidelines.
2. CONDUCT EIA:
EIA STAGES
a. SCREENING
• Categorisation of projects to see whether the project requires EIA.
• Process based on:
➢scale of investment
➢type of development
➢location of development
b. SCOPING
• If project falls under the purview of environmental clearances – next step to
conduct - scoping.
• Identifying impact - required to conduct Environmental Impact Assessment
• Alternatives considered in this stage -sites or location, technology,
commodity and process
EIA STAGES
c. PREDICTION AND MITIGATION
• Predicting the scale of impacts
• Limiting the effect of projects to acceptable limits-MITIGATION- pollution permit
etc.
d. MANAGEMENT AND MONITORING
• Environmental impact statement ( report) contain detailed plan for
managing and monitoring project from initial to implementation stage.

e. AUDIT
• Feedback after implementation.
ENVIRONMENT CLEARANCE PROCESS IN INDIA
3. APPLY FOR NOC:
• Approaches concerned State Pollution Control Board (SPCB) and State Forest
Department (if the location involves use of forestland).
• SPCB evaluates and assesses quantity and quality of effluents generated by
proposed unit as well as efficacy of control measures proposed by investor to
meet the prescribed standards.
• SPCB satisfied - issues consent to establish : NOC , which is valid for 15 years.
4. PUBLIC HEARING:
• Mandatory step
• SPCB arranges for public hearing
• Legal space for people of an area to express their concerns.
ENVIRONMENT CLEARANCE PROCESS IN INDIA
5. APPLICATION:
• Project proponents applies for environment clearance with MoEF /state government
Ministry of Environment and Forests (MoEF), Government of India, has prepared environmental guidelines
• Application form submitted with EIA report, details of public hearing , NOC granted by
the state regulators etc.
6. ENVIRONMENTAL APPRAISAL:
• Specially constituted committees of experts - Environmental Appraisal Committees by
MoeF
• Appraise the proposals received in Ministry and make their recommendations for
approval or rejection
• After recommendations processed in Ministry of Environment and Forests for approval or
rejection.
7. ISSUES OF CLEARANCE OR REJECTION LETTER: Clearance granted shall be valid for
a period of five years for commencements of construction or operation of project.
ENVIRONMENT CLEARANCE PROCESS IN INDIA-
Shortcomings
Applicability
• Several projects with significant environmental impacts are exempted .
Composition of expert committees and standards
• EIA studies lacks expertise in various fields such as environmentalists, wild life
experts etc.
Public hearing
• Public comments are not considered or excluded from the mandatory public
hearing process.
Quality of EIA
• Reports are generally incomplete and provided with false data and based on single
season data.
Lack of Credibility
• Project proponent commission the preparation of EIA .
Wetland Acts
WETLANDS
• Area of land either permanently or seasonally saturated with water.
• Most biologically diverse and contain unique plants and animals.
• Found along shorelines of oceans, lakes, rivers and in local depressions.
WHY WETLANDS IMPORTANT?
➢Support Rich Biodiversity
➢Protecting And Improving Water Quality- Water
Purification
➢Providing Fish And Wildlife Habitats,
➢ Storing Floodwaters And Flood Mitigation
➢Maintaining Surface Water Flow During Dry Periods
➢Erosion Control
➢Aquifer Recharge
➢Microclimate Regulation
➢Aesthetic Enhancement Of Landscapes
➢For Recreational, Social And Cultural Activities
DISAPPEARANCE OF WETLANDS
• Loss of groundwater reserves
• Flash floods
• Shoreline destruction
• Accumulation of pollutants and to other subtle disturbances.
• Many useful plants and animals dependent on wetlands were
disappearing with them.
RAMSAR CONVENTION
• First and only world-wide treaty seeking to conserve natural resources
on a global scale.
• Concerned with most threatened group of habitats, the wetlands.
• Treaty signed on February 3rd 1971 by representatives of 18 nations .
• Convention entered into force in India on 1 February 1982.
• India currently has 26 wetlands designated as Wetlands of International
Importance (Ramsar Sites).
WETLAND ACTS -INDIA
• In 2006 : National Environmental Policy (NEP) by Ministry of Environment and Forests
(MoeF) first recognized need of legal regulatory mechanism for protection of wetlands
from degradation and conserve their ecosystem.
• Wetlands (Conservation and Management) Rules, 2008 framed after several meetings by
an expert group from multi disciplinary backgrounds.
• Wetlands (Conservation and Management) Rules, 2008 framed under provisions of
Environment (Protection) Act (EPA), 1986
• Central, State or District authorities assess conservation procedure of wetlands through
setting up committees
• Committees - monitor and review implementation of regulations .
• Committees-
1. Central Wetland Conservation Committee (CWCC) depending on category of wetland
2. State Wetland Conservation Committee (SWCC) expert in wetland related disciplines

3. District Wetland Conservation Committee (DWCC) Three years


Wetlands (Conservation and Management) Rules
2017
PROHIBITED ACTIVITIES IN A NOTIFIED WETLAND

• Reclamation of wetlands
• Setting up of new industries and expansion of existing industries
• Manufacture or handling or storage or disposal of hazardous substances
• Solid waste dumping
• Discharge of untreated wastes and effluents from industries, cities or
towns and other human settlements.
• Any construction of a permanent nature except for boat jetties within fifty
metres from mean high flood level.
• Any other activity likely to have an adverse impact on the ecosystem of
wetland.
ACTIVITIES SHALL NOT BE UNDERTAKEN WITHOUT THE PRIOR APPROVAL OF
STATE GOVERNMENT WITHIN THE WETLANDS

• Withdrawal of water or impoundment, diversion or interruption of water


sources within local catchment area of wetland ecosystem.
• Harvesting of living and non-living resources
• Grazing to level that basic nature and character of biotic community is not
adversely affected.
• Treated effluent discharges from industries, cities or towns, human
settlements and agricultural fields falling within the limits laid down by the
CPCB or SPCC
• Plying of motorized boat, if it is not detrimental to nature and character of
biotic community.
ACTIVITIES SHALL NOT BE UNDERTAKEN WITHOUT THE PRIOR APPROVAL OF
STATE GOVERNMENT WITHIN THE WETLANDS

• Dredging, only if the wetland is impacted by siltation


• Construction of boat jetties
• Facilities required for temporary use, such as pontoon bridges, that do not
affect ecological character of wetland.
• Aquaculture, agriculture and horticulture activities within the wetland
• Repair of existing buildings or infrastructures including reconstruction
activities.
• Activities that may directly affect ecological character of wetland.
KERALA CONSERVATION OF PADDY LAND AND WETLAND
ACT, 2008
An Act to conserve paddy land and wetland and to restrict the conversion or reclamation - to promote growth
in agricultural sector and to sustain the ecological system, in State of Kerala.
Constitution of Local level Monitoring Committee

• In each Panchayat or Municipality


• Purpose : monitoring the implementation of provisions of the Act.
• Term: 3 years
• Composition of the Committee:
➢President or Chairperson/Mayor of Grama Panchayat or Municipality or
Corporation
➢Agricultural Officer/Officers having jurisdiction in Grama Panchayat or
Municipality/Corporation
➢Village Officer/Officers having jurisdiction in the said area
➢Three representatives of farmers in Panchayat / Municipality / Corporation .
Constitution of Local level Monitoring Committee -POWERS
(i) Recommend to State Level Committee or District Level Authorised Committee-
reclamation of paddy land, for public purpose or for construction of residential building for
owner of paddy land.
➢not recommend for filling of paddy land of more than ten cents in a Panchayat or five
cents in a Municipality / Corporation- for the construction of residential building for the
owner of the paddy land.
(ii) Inspect the paddy land situated within the jurisdiction of the Committee to monitor
whether the provisions of this Act are being complied with and to report to the Revenue
Divisional Officer regarding violations.
(iii) Examine the complaints received from public regarding the attempts to violate the
provisions of this Act and intervene in issue to prevent such violation.
(iv) Examine the reason for keeping the paddy land fallow and suggest remedial measures
so as to persuade the holder of paddy land to cultivate it with paddy or any intermediary
crops
Constitution of Local level Monitoring Committee -FUNCTIONS
(i) Prepare the data-bank with details of cultivable paddy land and wetland, within the area
of jurisdiction of the Committee and exhibit the same for the information of the public, in
the respective Panchayat/Municipality/Corporation Office and in the Village Office/Officers.

(ii) Make alternate arrangements where a paddy land is left fallow without taking steps in
spite of the instructions given by the Committee .

(iii)Prepare detailed guidelines for protection of paddy lands/wetlands in areas under the
jurisdiction of the Committee.

(iv) Collect details of paddy land within the area of jurisdiction of the Committee,
reclaimed in contravention of the provision of any law for the time being in force, before
the date of commencement of this Act and give report to Revenue Divisional Officer.
Reporting Officers

• Agricultural Officers shall be the reporting officers, in respect of paddy land in area
under their jurisdiction and it shall be their responsibility to report the Revenue
Divisional Officer regarding any act in violation of provisions of this Act.

• If any paddy land is kept fallow during any agricultural season, Agricultural Officer shall
inform that matter also to Committee.
Constitution of State Level Committee
MEMBERS

• Agricultural Production Commissioner (Convenor)


• Commissioner of Land Revenue
• An Expert in field of environment
• A Scientist in the field of paddy cultivation

FUNCTION

• Furnishing report to Government after detailed scrutiny of applications recommended by


local level Committee regarding the filling of paddy land for public purposes.
• Examine in detail whether any alternate land, other than paddy land, is available in that
area .
• Examine ecological changes that may occur due to such filling up of paddy land
Constitution of District Level Authorised Committee
MEMBERS

• Revenue Divisional Officer (Chairman)


• Principal Agricultural Officer (Convenor)
• Three paddy cultivators ( nominated by the Collector)

TERM: 3 years

FUNCTION

• Considering applications for reclamation of paddy land for construction of residential building
to owner of paddy land and for taking suitable decision.

• Shall not take any decision granting permission for filling up of paddy land for construction of
residential building exceeding ten cents in a panchayat and five cents in a
Municipality/Corporation .
Constitution of District Level Authorised Committee

No application shall be considered by District Level Authorised Committee, unless the


Local Level Monitoring Committee has recommended that :
(i) such reclamation shall not adversely affect the ecological condition and cultivation in
adjoining paddy land.
(ii) owner of paddy land or his family do not own a suitable land for this purpose in the
District.
(iii) building constructed for his own purpose.
(iv) such paddy land is not situated surrounded by other paddy land.
REFUSAL OF LICENCE BY THE LOCAL AUTHORITY

• Notwithstanding anything contained in Kerala Panchayat Raj Act, 1994 (13 of 1994)
or in the Kerala Municipality Act, 1994 (20 of 1994) no Local Authority shall grant any
licence or permit under the said Act for carrying out any activity or construction in a
paddy land or a wetland converted or reclaimed in contravention of the provisions
of this Act.

PENALTY
• Any person who in violation of provisions of Act converts or reclaims any paddy land
or wetland notified:
➢punishable with imprisonment for a term which may extend to two years but shall
not be less than six months and with fine which may extend to one lakh rupees but
shall not be less than fifty thousand rupees.
CRZ rules
CRZ-Coastal Regulation Zone
• Buffer zone between marine and territorial zones .
• Sensitive ecosystems like shore, wetland, mangrove, mudflat seagrass, salt marshes,
and seaweed ecosystems.
• As per CRZ notification 2019 , coastal land up to 500m from High Tide Line (HTL) and a
stage of 50m along banks of creeks, lagoons, estuaries, backwater and rivers subject to
tidal fluctuations, is called the Coastal Regulation Zone (CRZ).

Why coastal regulations ?


• Continuous onslaught (domestic waste and solid waste) on coastal areas, extent of
mangroves, coral reefs and fish breeding gets diminished - adversely impacting the
livelihood .
CRZ-Coastal Regulation Zone
• Under Environment Protection Act, 1986 of India, by MoEF, CRZ notification was issued in
February 1991 for first time, for regulation of activities in coastal area .

• Many amendments for CRZ notification 1991 and finally CRZ notification 2011.

• AIM: CRZ notification 1991


➢ Ensuring livelihood security of fishing communities and other local communities
( inhabitants of coastal area)
➢ Conserving and protecting coastal areas
➢ Sustainable development

• A separate draft Island Protection Zone Notification - protection of islands of Andaman &
Nicobar and Lakshadweep

• In 2019, Union Ministry of Environment and Forest released the Coastal Regulation Zone
(CRZ)- opening up coastline of country for construction and tourism activities.
CRZ notification 2019- CRZ classification
• CRZ-I areas are environmentally most critical
CRZ-I A: ecologically sensitive areas – no new construction
permitted ( exceptions)
(i) Mangroves
(ii) Corals and coral reefs
(iii) Sand dunes
(iv) Biologically active mudflats;
(v) National parks, marine parks, sanctuaries, reserve forests, etc.
(vi) Salt marshes;
(vii) Turtle nesting grounds;
(viii) Horse shoe crabs’ habitats;
(ix) Sea grass beds;
(x) Nesting grounds of birds;
(xi) Areas or structures of archaeological importance and heritage sites.

CRZ-I B: intertidal zone i.e. area between Low Tide Line and High Tide Line
CRZ notification 1991- CRZ classification
• CRZ-II: developed land areas up to or close to shoreline
➢Areas within municipal limits or in other existing legally designated urban areas
➢Built-up ratio ( built-up plots to that of total plots ) more than 50 per cent
➢ Provided - drainage , approach roads and other infrastructural facilities, such as water
supply, sewerage mains, etc.
• Buildings only on landward side od existing road/ authorized structures
CRZ classification - CRZ III
• CRZ-III:
➢ Land areas that are relatively undisturbed (rural areas, etc.) and those which do not fall under CRZ-II
➢ Following uses permitted- agriculture, horticulture, gardens, pastures, parks , play fields , forestry and salt
manufacturing from sea water
➢ Classifications- CRZ III A and CRZ III B

CRZ-III A:
• Population density more than 2161 per square kilometre as per 2011 census base.
• Area up to 50 meters from HTL on landward side shall be earmarked as the ‘No Development Zone (NDZ)’, with
the approval of CZMP.
• Temporary tourism facilities possible
• If not , a NDZ of 200 meters shall continue to apply.

CRZ-III B:
• Population density less than 2161 per square kilometre, as per 2011 census base.
• Area up to 200 meters from the HTL on the landward side shall be earmarked as the ‘No Development Zone
(NDZ)’.
AREAS IN NDZ - permitted activities
• Repairs or reconstruction
• Construction or reconstruction - dwelling units of traditional coastal communities
• Construction of dispensaries, schools, public rain shelter, community toilets,
bridges, roads, provision of facilities for water supply, drainage, sewerage,
crematoria etc. required for the local inhabitants (permitted in CZMA).
• Construction of units for domestic sewage, treatment and disposal ( PCB approval )
• Facilities required for local fishing communities
• National or State highway passing through NDZ - temporary tourism facilities –
Seaward side
• Resorts or hotels and associated tourism facilities - landward side of such roads in
the NDZ
• Temporary tourism facilities shall be permissible in NDZ and beaches in CRZ-III
areas.
CRZ notification 1991- CRZ classification
• CRZ- IV:
CRZ- IV shall constitute water area

CLASSIFICATION
CRZ- IVA:
Water area and sea bed area between Low Tide Line up to twelve nautical miles on the
seaward side shall constitute CRZ-IV A.

CRZ- IVB:
Water area and bed area between LTL at the bank of tidal influenced water body to LTL on
opposite side of bank.
CRZ- IV - permitted activities
• Traditional fishing and allied activities
• Land reclamation only for certain activities like foreshore facilities, defence etc.
• Activities related to waterfront
• Transfer of hazardous substances from ships to Ports
• Storage of non-hazardous cargo
• Discharging treated effluents
• Projects of department of Atomic Energy
• Exploration and extraction of oil and natural gas
• Exploration and mining of atomic minerals
• Foreshore requiring facilities
• Pipelines, conveying systems including transmission lines
• Weather radar
• Construction of memorials or monuments and allied facilities
Prohibited activities within CRZ
1. Setting up of new industries and expansion of existing industries, operations or processes.
2. Manufacture or handling of oil, storage or disposal of hazardous substances
3. Setting up of new fish processing units.
4. Land reclamation, bunding
5. Discharge of untreated waste and effluents from industries, cities or towns and other
human settlements.
6. Dumping of city or town wastes
7. Port and harbour projects in high eroding stretches of the coast.
8. Mining of sand, rocks and other sub-strata materials.
9. Dressing or altering of active sand dunes.
10.Disposal of plastic.
11.Drawal of ground water.
Permissible activities
• Waterfront and foreshore facilities
• Housing projects
• Erosion control measures
• Projects of atomic energy and defence
• Light houses
• Pipelines convince system
• Oil and gas extractions
• Cooling water intake
• Non conventional energy
• Desalination plants
• Demolition and reconstruction of public buildings.
Laws relating to building on hilly areas
URDPFI GUIDELINES
HILLY AREAS
• Hilly areas -fragile ecosystems, which need to be conserved consist of
mountains, rivers and valleys

• As per NBC hilly areas defined as “ Any area above


600 m in height from mean sea level,
or any area with average slope of 30°,considering as sensitive and fragile
eco‐system of hills and mountains.”

• State Governments may identify and notify areas to be covered under


‘Hilly Area’, which need to be dealt with special consideration during
developmental activities .
Common issues associated with planning in Hilly areas
• Hilly areas in Himalayas and Northeast - heavy rainfall and
highly susceptible to erosion necessitate conserving the precious soil cover during
monsoons and harvesting irrigation water for dry months.
• In other areas heavy rainfall causes deep weathering of sedimentary rock and rapid and
active erosion of weathered materials from steep slopes.
• Mobility and connectivity issues due to steep slopes and difficult terrain.
• Younger hills - High seismic activities make settlements vulnerable to disaster risks.
➢Adherence to seismic code to be made mandatory for plan approval in hill areas
• Remarkable variations in culture and practices exists between the settlements .
• Carrying capacity of habitable lands needs to be determined for adequate planning.
• Planning status of hilly areas, in the present state, is uncontrolled .
Uncontrolled planning

• Urbanisation
• Industrialisation (such as quarrying and hydro power generation)
• Intrusion of commercial activities (such as tourism industry)
FACTORS CONSIDERED TO SET THE NORMS IN HLLY AREAS

i) Exposure to sunlight
ii) Degree of slopes and accessibility in form of distance travelled.
iii) Basic needs of people
iv) Conservation principle
v) Flexibility in norms and standards to accommodate conditions guided by
difficult hill terrain and its geology.
vi) Alternative modes of transportation
vii) Communication network
viii) Mobile facilities and emergency facilities.
Strategies for Development of Hilly areas

Strategy 1: Land Conservation and Optimisation


Strategy 2: Sustainable development based on Watershed Management
Strategy 1: Land Conservation and Optimisation
1) Environment Inventory/ Impact Assessment :
For Planning of new settlements / growth of the existing settlements
Inventory
➢Geological investigations
➢Slope analysis
➢Soil, flora and fauna analysis
➢Climatic inventories
➢Vulnerability to natural disasters etc
➢In addition -
Aesthetic factors, cultural,architectural and historical heritage,scenic/
landscape value .
Strategy 1: Land Conservation and Optimisation
2) Identification of Developable Area
Hill Town Developable Area = Hill town jurisdiction area – Natural Ecological Area

➢Jurisdiction - large to control the surrounding areas.


➢Classification of land uses only for developed area
➢Ecological area shall be for conservation or restoration

3) Land use optimisation:


• Optimize use of land by calculation of carrying capacity and land suitability analysis
➢scarcity of good buildable land
➢high cost of the construction
• Green building approach should be adopted such as use of cost effective and
appropriate building materials and technologies.
Strategy 2: Sustainable development based on Watershed
Management
• Watershed- drainage basin or catchment area - Area in which all water flowing into
catchment goes to a common outlet.
• People and livestock are integral part and its activities affect productive status
of watersheds and vice versa.
• Hydrological cycle in a watershed are dependent on
various natural features and human activities.
• In hilly areas size of watershed relatively preferred is small.
• Watershed managements
Terms of as a source of water and sources of disaster risk like flood etc.
• Better water and land‐use and control of soil erosion through watershed management
Proposed Land use Structure of Hill Towns
Aspects of planning
• Hillside with less than 30° slope are in general stable. Therefore, building
sites (temporary or permanent) located on hillside with not more than
30°‐ 45° slope.
➢Spatial regulations should control construction activity on slopes above 30°
degree with maximum of 45° provided that appropriate technology is used.

• Maximum height of building to be fixed, such as in States of Meghalaya maxi


mum building height permitted is 15 meters on hills.

• Flat land is normally not available in hilly regions.


Houses constructed on partially sloping land through cut and fill.
Protect the house by building retaining walls to avoid landslides.
Aspects of planning
• Cut slopes with height less than 5 m or two to three storey heights of residential
buildings are in general stable.
➢For higher cut slopes special investigation should be carried out and
details of protection works should be worked out and implemented.

• Site development in hilly regions consumes about 30 to 40 per cent of total


cost of building complex- detailed site investigation done.

• Roads and paths: Street orientation East‐West preferred to allow for maximum
south sun to enter the buildings.
➢Street shall be wide enough to ensure buildings on one side do not shade
those on the other side.

• Provisions for Landslide Hazard Mitigation, Seismic Micro‐zonation and mitigation


of Liquefaction hazard should be integrated.
ROAD WIDTHS
Specific aspects for Buildings in Hilly area
1. A minimum clearance of 1.5 m should be provided between toe of boundary wall
and building wall.

2. On uphill side of building on a sloping site, natural flow of water diverted away
from foundations.

3. Slope of ground all around building - not less than 1: 50


➢rain water does not find way to ingress in ground excessively
➢moves away quickly to surface drains

4. A minimum of 0.75 m wide apron should be provided all around the building to
prevent entry of water into foundation
Specific aspects for Buildings in Hilly area
5. Stepped terrace development and stepped storeyed building construction -
following advantages:
➢It results in least hill cutting, disturbance to hill stability and also in least deforestation.
➢Cost of site development works, slope protection and other protection works is reduced
considerably.
➢Least load comes on valley side, so danger of foundation failures is avoided.
6. Good drainage facilities for buildings - prevent excessive
saturation of subsurface formations.
➢Construction should not obstruct existing surface drainage courses.
7. Buildings shall be located on south slope of a hill or mountain for better exposure to
solar radiation.
➢At the same time, locating building on leeward side may minimize exposure to cold winds.
7. Appropriate solar passive methods, such as orientation, double‐glazing, trombe walls
and solar collectors, to be adopted to achieve climatic comfort with little use of conventional
energy.
Specific aspects for New Hill Towns
1.New hill towns will have to follow basic principles of hill architecture
including use of local building materials, slanting roofs, seismic bands in
structures etc.- merge in cultural landscape of their regions.
2.Travelling time from nearest town to new township should be at least one
hour or 20 Km.
3.New town should be self‐sufficient in infrastructure and its area should
ideally not be less than 40 hectares.
4.Provision of facilities for additional (and /or floating) population should be
made.
Building regulations for residential buildings in hill towns
• F.A.R regulation varies from 2.0 to 1.25 in different hill towns.
➢In most hill towns, F.A.R changes according to plot area; smaller areas - more F.A.R than large
areas; large built-up area for buildings on smaller plots and relatively lesser built-up area for
buildings on larger plots.
➢For example, in the case of Manali, for plot sizes in between 121 and 250 m2 F.A.R is 2.0, whereas,
in same town for plots of above 501 m2 area, F.A.R regulation is 1.25.
• Ground coverage -varies from 70% to 40% in existing in force building regulations.
➢small area plots - higher permissible ground coverage than large area plots
➢results in bigger building foot prints and higher built-to-open space ratio.
➢Buildings with higher footprints results in:
1. more cutting of slopes and trees
2. disturbs natural drainage pattern.
3. less percolation of rainwater into the ground and more runoff, due to reduction of soft/open areas.
4. inadequate sunlight and ventilation in buildings- higher energy consumption for maintaining comfort
conditions.
Building regulations for residential buildings in hill towns
• Height of building regulation varies from 19.00 to 11.0 m in different hill towns.
➢Height of buildings - consideration of access road width also- results in a very limited
solar exposure to lower storey(s) and open spaces in between.
• Permissible number of storeys varies in different hill towns from 5 (including a parking
floor) to 2.
• Same height and number of storey regulations - irrespective of slope gradient and
direction and location and size of the plot, which leads to similar population densities in
all localities without considerations of infrastructure facilities and characteristics of the
area.
• Setback regulations - small area plots have lesser setback requirements than large area
plots.
➢setbacks are uniformly applicable to all slope aspects, not taking into account the need
for having different setbacks for ensuring adequate solar access on different slope
aspects.
➢Result: damp, unhealthy and uncomfortable living conditions .
Other regulations enforced on development in hill towns
• Challenging factors in fragile ecosystem : environmental quality, natural features, accessibility and
aesthetics.
➢Eg: Shimla building regulations incorporated regulations related to solar passive design and
energy conservation, to minimise energy consumption in maintaining comfort conditions in public,
government and semi government buildings.
• Regulations related to :
➢rain water harvesting exist in most of the hill towns.
➢preservation of existing trees, and plantation of new trees
➢Some towns have regulations related to preservation of natural water sources
➢maintenance of upstream drainage pattern, and site drainage shows the importance of maintaining
a drainage pattern.
➢Towns like Shimla, Mussoorie, Nainital, Srinagar and Shillong have regulations related to
accessibility and usage of buildings by disabled people - disabled friendly.
➢Aesthetics and View Preservation regulations
• Maximum height of cutting of hill slopes varies from 3.5 to 6.6 m in hill towns.
Regulation for Developments in the Special Tourism
Zone - Munnar
• PURPOSE: Regulate and control all developmental activities within the Special Tourism Zone
• OBJECTIVES:

1. Controlling and guiding developmental activities within the notified area of the Special Tourism
Zone

2. Tailoring tourism development in line with the unique characteristics and the natural attraction
of the destination.

3. Ensuring the conservation and preservation of its environmental value.

4. Ensuring that a fine balance of economic, social and environmental preservation is achieved
through specific norms drawn for each zone for its developmental activities.
GENERAL GUIDELINES FOR DEVELOPMENT- Munnar
Zone 1 – High Influence Zone

• No further developmental activities will be permitted in this zone until a proper master plan is prepared and
approved by the Government.

Zone 2 – Moderate Influence Zone

• No developmental activities will be permitted on slopes > 30%.

• A construction free zone up to 50 m will be maintained from the High Water Level of the rivers.

• No constructions of more than 10 m height will be permitted.

• The buildings will have not more than two floors excluding attic.

• All roofs will be sloping with corrugated galvanized iron sheet painted green.

• No Mangalore tiled roofs will be permitted.

• Hill tops/peaks of hills will be left undisturbed, New constructions will be allowed only on leeward slopes.

• No industries are permitted except agro based non-polluting ones.


GENERAL GUIDELINES FOR DEVELOPMENT- Munnar
Zone 3 – Low Influence Zone
• No restrictions on development of tourism facilities except that all buildings will be single storied
including attic, with sloping roof of corrugated iron and painted green.

Zone 4 – Places of Interest

• No developmental activities / construction will be permitted except those specified below:

i) Toilets

ii) Cloak rooms

iii) Boat yards


• These facilities will be provided at a minimum distance of 50 m from High Flood Level
Thank u……

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