Mod 4
Mod 4
MODULE IV
MODULE IV
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
• 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.
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
• 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
(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
FUNCTION
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
• 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).
• Many amendments for CRZ notification 1991 and finally CRZ notification 2011.
• 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
• 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
• 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.
2. On uphill side of building on a sloping site, natural flow of water diverted away
from foundations.
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.
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.
• A construction free zone up to 50 m will be maintained from the High Water Level of the rivers.
• The buildings will have not more than two floors excluding attic.
• All roofs will be sloping with corrugated galvanized iron sheet painted green.
• Hill tops/peaks of hills will be left undisturbed, New constructions will be allowed only on leeward slopes.
i) Toilets