Chapter 3

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CHAPTER 3. PERMITS AND PROCEDURES

3-1. GENERAL.

3-1.1. Public Notice

3-1.1.1. Public notice, whenever required under these Regulations, shall be given in the following manner:

a) They shall be given in the manner as A3 size in leading newspapers minimum one each (Urdu & English) as a display advertisement and not a classified advertisement.

b) By affixing copies thereof display on the site minimum size 3x4 ft. (1x1.2m) on board and at prominent AUTHORITY Public Notice Board.

3-1.1.2. The notice shall state the place at which, and the officers with whom replies/objections may be filed within a specified time.

3-1.1.3. The officer so designated shall consider the suggestions or objections filed or testimony given and submit a report to the relevant department of City District Government MP&ECD or the Concerned Authority/Authority as the case may be as defined under these Regulations.

3-1.1.4. A copy of the notice shall be submitted to the Concerned Authority which may have referred the matter or under whose jurisdiction the land falls.

3-1.1.5. Public notice relating to change of land use shall be issued under the Authority of MP&ECD which conform to the the format at schedule 3C.

3-1.2. Revocation of Development Permits.

Where a development permit has been granted, if the authority which granted it, finds that any of the provisions of these Regulations or any conditions of the development permit have been violated, the Authority may issue an order revoking the permit:

3-1.2.1. If the person has misrepresented facts or has suppressed the facts;

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3-1.2.2. If the person responsible for the violation has not taken the corrective action directed by such Authority within the time specified provided that the Authority has given such person an opportunity to be heard on the matter.

3-1.3. Classifications of Development Works

For purposes of these Regulations, all buildings and land development shall be classified as per Table-3.1.

3-1.4. Engagement of Professional

3-1.4.1. Every person who intends to carry out building/land development works or to demolish a building or to carry out addition/alteration or repairs in a building, shall engage respective Professional as per tables below to prepare Architectural/Town Planning/Engineering Design and Drawings including specifications, and to supervise their respective works at site.

3-1.4.2. The requirement for engagement of Professionals and their authorisation as per Clause 3-1.4.1 shall be as given in Tables 3.2 and 3.3

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Table 3.1 - Categories of Development Works

Table 3.2 - Procedure for Approval

* Architect and Structural Engineer are both required for residential bungalows on more than 400Sq.yds.(336Sq.m) plots.

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** Structural vetting by a Proof Engineer is required for any building having a height of more than ground plus four floors or 50ft.(15.2m) and/or total floor area more than 1,00,000Sq.ft.(9,293.6Sq.m), and for structures of special nature and unusual designs, including shells and folded plate systems, water towers and stack like structures, apart from category C and D buildings.

Table 3.3. Maximum Authorization of Professionals

3-1.4.3. The responsibility of every Professional signing the plan and documents as above, shall be limited to his respective discipline.

3-1.4.4. The Professional so engaged shall submit to the Authority in writing on prescribed form (ZP-2 in case of building works) of his having undertaken to supervise such work.

3-1.5. Change of Professional

3-1.5.1. Where a Professional ceases to be in charge of such building works before the same is completed, further execution of such work shall forthwith be suspended by the owner until a fresh appointment is made by the owner

3-1.5.2. The previous Professional shall immediately inform the Authority of his discontinuance from the works (on prescribed form ZP-6 in case of building works).

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3-1.5.3. The new Professional/s so engaged shall inform the Authority within 15 days of resuming work. He shall assume full responsibility, as if he were the author, for the correction and competence of all designs prepared by the Professional previously engaged.

3-1.6. Submission on Prescribed Form

Every person who intends to carry out building/land development works under these Regulations shall submit application on relevant prescribed form.

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3-2. PERMITS AND PROCEDURES - BUILDING WORKS

3-2.1. Definition of Building Works

For the purposes of these Regulations, the following activities shall be deemed to involve Building Works, unless expressly excluded by these Regulations:

3-2.1.1. erection of a structure;

3-2.1.2. demolition of a structure;

3-2.1.3. addition or alteration to any structure;

3-2.1.4. demolition, addition or alteration to any preserved structure declared as a structure of historical or architectural significance;

3-2.1.5. a reconstruction, alteration of the size, or material change in the external appearance of a structure.

3-2.2. Submission of Plans for Approval

The Owner shall submit to the Authority:

3-2.2.1. Two sets of all documents relating to the plot together with a letter from the Concerned Authority confirming the title/land use physically fresh demarcated/dimensions of the plot alongwith the existence of any road widening/cut line reservation.

3-2.2.2. In case of form (ZP-1) for proposed plan, initially three sets and finally Six sets of drawings for category I & II of buildings at the time of submission, duly signed by the owner and duly signed and stamped by the relevant Professional. The drawings, should show Plans, Sections and Elevations together with other necessary details pertaining to RCC elements, joinery work and covered area etc. of every floor, including basement, of the building intended to be erected, along-with a block plan of the site, drawn to a scale of not less then 1:500 (1”=40’), showing the position of proposed building and existing building if any; the width and levels if necessary, of the streets on which the plot abuts: and the survey number or the numbers of the adjoining plot or plots, if any, together with the cardinal points; which shall be drawn to a scale of not less than 1:100 (1”=8’). If the building is so extensive as to make a smaller scale necessary, it may be

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drawn to a smaller scale but not less than 1:200 (1”=16’). Such plans and sections shall show the purpose for which the building or parts thereof are intended to be used; the access to and from the several parts of the building;

the position, dimensions, means of ventilation, the proposed height of the plinth and superstructure at the level of each floor, together with the dimensions and descriptions of all the walls, floors, roofs, staircases and elevator, etc. if any

3-2.2.3. In case of Category III and Category IV buildings:

a) Initially three sets and finally Six sets of architectural working drawing/plans, at the time of initial submission, by the owner and duly signed and stamped by the relevant Professional. The drawings should show Plans, Sections and Elevations of every floor, including basement, of the building intended to be erected, which shall be drawn to a scale of not less than 1:100 (1”=8’). If the building is so extensive as to make a smaller scale necessary, it may be drawn to a smaller scale but not less than 1:200(1”=16’). Such plans and sections shall show the purpose for which the building or parts thereof are intended to be used; the access to and from the several parts of the building; the position, dimensions, means of ventilation, the proposed height of the plinth and superstructure at the level of each floor, together with the dimensions and descriptions of all the walls, floors, roofs, staircases and elevator, etc. if any. After architectural approval six sets of structural working drawings and two sets of structural calculations shall be submitted for record duly signed by the owner and stamped by Architect and Structural Engineer respectively. 2 sets of design and working drawings for, plumbing and electric work shall be submitted for record purposes duly signed and stamped by the concerned professionals.

b) Structural vetting by a Proof Engineer is required for any building as per table 3.2.* * The owner / architect will get it vetted by a registered Proof Engineer ( enlisted with the Authority). The architect will submit two copies of the calculations and five sets of structural drawings along with the approved concept plan, two copies of vetting Performa (STP-1 & STP-2), one copy of soil report duly signed by the

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owner, structural design engineer and architect. The proof engineer will return the same to the architect after doing the proper vetting after minimum of 10 days for onward transmittal to the structure section of the authority duly signed and with recommendation for the approval structured Clarence. The structure section based on the proof engineer‘s recommendations will issue an N.O.C. of structural clearance and forward three sets of vetted structural drawings and copies of relevant documents to the concerned zone within seven days of receipt for further processing of the case. The proof engineer will be equally responsible in case there is any error in design, drawing and/or calculations, which may result in a problem in the said building.

c) The soil investigation is to be carried out by a Licensed Geo-technical firm.

d) Two sets of complete soil investigation report including the following signed and stamped by a licensed soil engineer.

(i) A minimum of two bore logs up to 30ft.(9m) minimum or as per requirements of the Structural Engineer.

(ii) Bore hole location plan.

(iii) Recommendation for bearing capacity, and type of foundation.

(iv) All necessary laboratory tests and reports.

(v) Recommendations of the Soil Consultant for the type of cement to be used below ground level.

(vi) De-watering scheme for sub-soil water if required.

3-2.3. Corrections on Plan.

No corrections or overwriting shall be permitted on plans submitted for approval.

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3-2.4. Alteration of Design.

In private residential buildings deviation from the approved building plan shall be allowed (provided it does not violate these regulations) during the construction stage at the responsibility of the concerned licensed / registered professionals. Such deviations shall be shall be regularized on completion of the construction on payment of the requisite composition fee.

Deviations in internal layouts of non-sale public use buildings shall be allowed (provided they do not violate these regulations) during construction stage at the responsibility of the licensed / registered professionals for non-sale public use buildings. Such deviations shall be regularized on completion of construction on payment of the requisite composition fee. No structural deviations or deviations in the external envelope of the building shall be permitted. The owner shall be required to submit a revised plan for approval before proceeding with the construction of such structural or external envelope changes.

3-2.5. Revised / Amendment of Plan

In public sale buildings deviation in internal layouts shall not be allowed during the construction stage. No structural deviations or deviations in the external envelope of the building shall be permitted. The owner shall be required to submit a revised plan for approval before proceeding with the construction of such structural or external envelope changes.

3-2.6. Period of Approval

3-2.6.1. After the receipt of an application for permission to carry out building works, the Authority shall:

a) Pass orders granting permission to carry out such building works within 60 calendar days.

b) In the case of refusal/objections, issue the consolidated objections/observations, specifying the provisions of the Regulations to the Professionals within 30 days.

3-2.6.2. If no order is passed on an application within 60 calendar days of its receipt, it shall be deemed to have been sanctioned to the extent to which it does not contravene the provisions of these Regulations or the Master Plan or sanctioned Site Development Scheme, if any, and after giving notice to the Authority, the person may proceed to carry out the said building works at any time within one (1) year starting from the date of submission provided the title of land is clear from all

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disputes and objections. Except in the case of building which fall in category-III and IV of table 3.1.

3-2.7. Evidence of Permission

Whenever under any of these Regulations, the doing or the omitting to do a thing, or the validity of anything, depends upon the sanction, permission, approval, order, direction, requisition, notice or satisfaction of the Authority, a written document (ZD-4)/(ZD-5) along with the relevant set of drawings as required in Table 3.2 signed by the Authority or any officer duly authorised, purporting to convey or set forth such sanction, permission approval, order, direction, requisition, notice shall be sufficient prima facie evidence thereof. One complete approved set of drawings shall be made available on the site / in the office of the developer for prospective buyer.

3-2.8. Cancellation of Permission and Right of Appeal

If at any time after permission to carry out building works has been granted and the Authority is satisfied that such permission was granted in consequence of any defective title of the applicant, material misrepresentation, or fraudulent statement contained in the application made under these Regulations, or in any change in the approved drawings not consistent with these Regulations in respect of such building, such permission may be cancelled if the professional / owner fails to satisfy the Authority within 15 days having being served a show cause notice by the authority and any work done thereunder shall be deemed to have been done without permission abinitio provided that the applicant shall have a right of appeal to Authority which shall be heard and decided by a committee of representatives of PEC and PCATP under the convenorship of CCOB of the Authority or his nominee who shall not be less than COB within fifteen days of the order of cancellation.

3-2.9. Compliance of Conditions of Approval

Every person who carries out building works or demolition works shall comply with the directions and conditions accompanying the sanction given by the authority as per these regulations.

3-2.10. Notice of Verification of Building Lines (Plinth verification)

Every person who commences any building work except Category I under these Regulations, upon completion of plinth and in the case of basements, upon the completion of foundations and shall give notice to the Authority on prescribed form (ZP-4), and shall not proceed further with the work for a period of 15 days from the date of receipt

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by the Authority of such notice, to enable the Authority to verify the building lines. The Authority shall intimate within the aforesaid period, to the owner or his representative, approval of verification of building line or of any error which may be found in the building line, on prescribed form (ZD-6). Verification of the buildings lines by the Authority in no way implies the acceptance of the title, location of the land, which is the sole responsibility of the applicant/owner. If no such intimation is received from Authority, the owner will be entitled to proceed with the building works after giving notice to the Authority provided the construction is in accordance with the approved building plan.

3-2.11. Floor Certificate

For Category “III” and Category “IV” buildings, the owner and  Professionals  shall  submit to the Authority  floor certificate (Form ZP-5) casting of slab of each  floor, certifying that all the building line and structural members on the said  floor  are  in  conformity  with  the design as approved by the Authority subject to clause 3-2.4 and  3-2.5. If the owner/professional fails to submit the floor certificate the authority shall stop further construction work.

3-2.12. Inspection of Buildings

The Authority may inspect the premises without giving prior notice:

3-2.12.1. At any time, before the approval of an application received under these Regulations;

3-2.12.2. At any time during the progress of the building works;

3-2.12.3. Within 20 days from the receipt of the notice of completion or the occupancy certificate (ZP-7) with respect to any such building;

3-2.12.4. If no notice of completion or occupancy certificate (ZP-7) has been received, at any time after the building has been erected, added to or altered;

3-2.12.5. The authorized officer of Vigilance Department of the Authority will have the right to inspect that proper record of pouring of all the Structural members is maintained at site along with the test results of 7 days and 28 days of cube/cylinder test of concrete and yield strength of steel for category III & IV types of building.

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3-2.12.6. The authorized officer of Vigilance Department of the Authority shall also inspect the buildings to confirm whether the approved specifications are being followed and if otherwise notified in writing giving full details specifying the deviation/defects, where these occur with identification of the location.

3-2.13. Building Works to Conform to Approved Plan

3-2.13.1. If on making any inspection under these Regulations the Authority finds that the building works are:

a) not in accordance with the plans that have been approved, other than alterations as are allowable under these Regulations; or

b) contravene any of the provisions of the existing Regulations or any statute, it may, by written notice (ZD-6), require the person and the Professional carrying out building works within the period to be specified in such notice, with the object of bringing the works in conformity with the said plan, approved specifications, or provision of these Regulations, to get amended plans approved after complying with the requirements of these Regulations. In the case of Category “D” Building, the notice will be issued after personal inspection by at least a Deputy Controller of Buildings.

3-2.13.2 In the event of non-compliance with the Regulations made under Clause 3-2.13.1. above, the Authority shall have power to order cessation of work/sealing of the premises or order immediate demolition of that much of the construction which contravenes any of the provisions of these Regulations and the expenses thereof shall be realized from the owner or by sale recovered items after demolition or both.

3-2.14. Rectification of Works after Inspection and Appeal.

3-2.14.1. If there is evidence that in carrying out of building works any construction has been done contrary to any provision of these Regulations and relevant statute, or that anything required under these Regulations is omitted and if, on inspection of such building, it is found that the building work has been completed or has advanced to for and which could not be permitted or allowed under the provision of these Regulations, the Authority, may, by written notice (ZD-6) require the owner/person who has/have carried out the building works to drill out, to cut into, or pull down

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so much of such building as is beyond the permissible limits as provided in these Regulations .

3-2.14.2. If on appeal, the appellant authority, which, in the first instance shall be the Controller of Buildings of the concerned zone, finds that in the carrying out of such building works nothing had been or partially has been done in carrying out the building works contrary to these Regulations or which are also not allowable under these Regulations or statute, he shall either withdraw the notice in toto or shall pass partial revised orders for any, or required action as given under Clause 3-2.14.1 such decision shall be conveyed to the appellant within 15 days of the receipt of such an appeal.

If the appellant is dis-satisfied with decision of the first appellate officer, he may, within 30 days of the receipt of the decision of his first appeal may refer his review petition to Chief COB for decision who shall review the case and in case of disagreement with the applicant, shall place it before the KBCA Oversee Committee for final decision within 30 days.

3-2.14.3. Where a person erected or re-erected or commenced to erect or re-erect a building without submitting to the concerned authority building plan for sanction then not with-standing and in addition to, any other action that the concerned authority may take under the relevant statute and these regulations, the concerned authority may give notice in writing directing such persons to submit to the authority within such time as specified in the notice, building plans in accordance with these regulations showing the buildings so erected or re-erected or proposed to be re-erected for the authority’s approval. The authority shall accord approval after levying a composition fee in addition to the scrutiny fee if the building is constructed as per these regulations.

3-2.15. Notice of Completion.

3-2.15.1. Every person who carries out and completes building works fully or partially approved under these Regulations shall within one month of the completion of the works deliver to the Authority at its office, in writing, the following documents:-

a) Notice of Completion/occupancy on the prescribed form (ZP-7) duly signed by the relevant Professional together with certificate or certificates as the case may be.

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b) A Completion Plan showing the building exactly as completed.

3-2.15.2. In case building work is completed in all respect but the utility services are not provided by the utility agencies despite the payment of estimate by the developer / owner in public sale buildings / projects, in such cases the completion certificate / occupancy certificate shall be issued on the basis of provision of services as provided in clause 5-1.21.2 of these Regulations.

The completion / occupancy certificate will automatically be deemed final, as soon as the connection of utilities by utility agencies.

3-2.15.3. No person shall occupy or permit to occupy any such land or building, or use, or permit to use, any part affected by the erection or re-erection of such building, until the permission referred to in Clause 3-2.15.2. has been granted.

3-2.16. Partial Completion

The Authority may, upon completion of the structure as permitted by the approved plan, give an Occupancy/Completion Certificate for part of the building which is a complete section/unit of a project and which can be occupied without inconvenience or hazard of any kind to the occupants of the said unit, or to the visitors or users of the same and does not interfere with the construction of the rest of the building/s. Wherever such Partial Occupancy Certificate is issued to owner / Professionals shall also be required to take all safety measures for the users, occupiers and visitors. In addition, they shall be required to take such measures as the Authority may at its discretion require to ensure adequate safety of the occupiers, visitors and users of the building or part thereof. Subject to the condition that in case of public sale project the condition as enumerated in clause No.5-1.22 shall be comply.

3-2.17. Refusal to issue Occupancy Certificate

The Authority may refuse an application to issue an Occupancy Certificate, if the proposed or completed building contravenes or is in any manner inconsistent with any building or zoning regulations or restrictions, and give direction, with specific reason under the relevant statute or the Regulations.

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3-2.18.Permit to Demolish Buildings.

No building may be demolished without written permission from the Authority on a prescribed form(ZD-10). No permit to demolish will be issued unless the Authority is assured by the applicant through an undertaking that the electricity, gas, water, sewerage or other utility services connections to the building or portion to be demolished shall be effectively cut off or relocated and such connections shall remain cut off/ relocated during the period of the work in case of any adverse eventuality the owner / contractor shall be fully responsible.

All applications for a permit to demolish a building shall be made on appropriate form (ZP-8) and permission to demolish by the Authority shall be issued on appropriate form (ZD-10).

3-2.19. Insurance

Contractor/Builder/Developers/owner will cover all the damage to life and property including third parties by Contractor’s All Risk Insurance Policy.

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3-3. PERMITS AND PROCEDURES-LAND DEVELOPMENT

3-3.1. Definition

3-3.1.1. Unless there is anything repugnant in the subject or context, or unless otherwise provided in these Regulations, “land development” or the “development of land” shall include the dividing of land into plots, the amalgamation of plots, infrastructure development operations, in, on, over or under land, making of any material change in the use of land, and the creation or termination of rights of access.

3-3.1.2. The following activities or uses shall be taken for the purposes of these Regulations to involve land development as defined herein unless expressly excluded by these Regulations:

a) A change in type of land use: a change from one designated class of use to a use in another designated class;

b) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices, or dwelling units in any, structure or on land;

c) Commencement of excavation on a plot of land;

d) Deposit of refuse, solid or liquid waste or fill on a plot of land.

e) Alteration of a shore, bank, or flood plain of a sea coast, river, stream, lake, pond or artificial body or water;

f) The installation of underground or overhead public service facilities;

g) Departure from the normal use for which development permission has been granted, or failure to comply with the conditions of a regulation or an order granting the development permission under which the development was commenced or is continued.

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3-3.1.3. The following operations or uses do not constitute land development for the purposes of these Regulations unless expressly included in these Regulations:-

a) The maintenance or improvement of a public road, highway, street or rail road track not involving substantial engineering redesign, if the work is carried out on land within the boundaries of the right-of-way;

b) Work by any public agency or public utility company or authority not involving substantial engineering redesign, for the purpose of inspection, repair or construction on established rights-of-way, or any sewers, drains, mains, pipes, cables, power lines, lighting traffic or telephone poles or other apparatus, or similar facilities;

c) The use of any land or structure specified for residential purpose, for such occasional private family functions as are customary, in keeping with the norms of the society, without any commercial usage and advantage.

d) The use of any land for agricultural purposes, including excavations, in the course of agricultural operations, except to the extent of the making of wells which may be specifically controlled by these Regulations, or by any other Regulations concerned with water preservation;

e) A change in the form of ownership of any land or structure not involving the division of land into plots or building into separate occupancy units.

3-3.2. General Requirements for Development Permission

No person or group of persons may carry out land development or permit land development without a valid development permit. The land development shall be in compliance with the requirements, restrictions or conditions of:

3-3.2.1 these Regulations;

3-3.2.2 any applicable detailed plan;

3-3.2.3 any applicable general standards and area standards;

3-3.2.4 any applicable land grant;

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3-3.2.5 any applicable sub-division plan; and

3-3.2.6 the conditions attached to a development permit.

3-3.3. Inconsistencies between General and Area Standards/Zoning Regulations.

If with respect to any land development the provisions of any applicable Area Standards/Zoning Regulations are inconsistent with the provisions of any General Standards prescribed in Chapters 19 to 22 of these Regulations, the provisions of Area Standards/Zoning Regulations shall prevail.

3-3.4. General Development Permits

3-3.4.1. General Development Permits for land development, meeting the following requirements, shall be issued by the Concerned Authority:-

a) the proposed land development is in compliance with the requirements or conditions of these Regulations, an existing detailed plan, any applicable general standards and area standards, and any applicable land grant and sub-division and amalgamation plans;

b) does not involve a change in the use of land or a structure, from a use within a class designated in these Regulations, to another use in a different class as defined in Clause 18-4 and any major sub-division and amalgamation as defined in these Regulations.

3-3.4.2. An application for a General Development Permit shall be made on the prescribed form to the Concerned Authority in which the land to be developed is located for onward submission to MP&ECD.

3-3.4.3. The Concerned Authority may attach to a General Development Permit conditions relating to:-

a) Compliance with the plans and specifications submitted by the applicant to the Concerned Authority;

b) The time within which the development or particular phases of it must be carried out or completed; and

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c) Protective measures which the applicant must undertake for the benefit of neighbouring property, such as the construction of fencing or retention of open spaces etc.

d) The Concerned Authority shall simultaneously endorse a copy of each General Development Permit granted by it to MP&ECD.

3-3.5. Special Development Permits

3-3.5.1. Special Development Permits for any other land development, authorised under these Regulations, shall be issued by MP&ECD as required under these Regulations.

3-3.5.2. The Concerned Authority shall refer to MP&ECD, for its decision, all applications for a Special Development Permit, except as otherwise provided in these Regulations.

3-3.5.3. MP&ECD, after consultation with the Concerned Authority in whose jurisdiction the land development fall, may grant a Special Development Permit where the provisions of a detailed plan, general standards or area standards, require special permission for designated kinds of land development, involving an exercise of policy decision.

3-3.6. Preparation of Contingency Plans as Foundations for Determination by MP&ECD.

3-3.6.1. Master Plan and Environmental Control Department may from time to time prepare Master Plan/Development Plans, including contingency plan/s for the purpose of providing a foundation for the administration or revision of these Regulations.

3-3.6.2. The development plan/s or the contingency plan/s should be submitted to the Government for its approval.

3-3.6.3. The Government, within a period of sixty days, shall approve or ask for amendments, and such approval shall be notified for the information of public in the manner prescribed under these Regulations.

3-3.6.4. Prior to making its determinations on such application, MP&ECD shall conduct such studies for planning position or make such findings as it may deem appropriate regarding the feasibility, location or any other characteristics of the

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proposed land development which, in the judgement of MP&ECD, may have important implications for implementation of the Development Plan or any other plan approved and prepared under Clauses 3-3.6.1. to 3-3.6.3. and, in particular, for the co-ordinated development of the vicinity.

3-3.6.5. MP&ECD shall give along with its decision on the application, a statement of its planning position, which shall:

a) Summarise its findings;

b) Set forth guidelines or conditions under which the proposed land development and, as may be pertinent, any other land development in the vicinity may be carried out.

c) If deemed appropriate, include by reference and attach interim special area concept plan showing the planning position consisting of a map and explanatory matter, which is to govern land development in a specified area until such time as a detailed plan is approved for the area.

3-3.6.6. If MP&ECD rejects the application it shall state its reasons by reference to the planning position taken on the matter.

3-3.6.7. If a development plan or other development exists for the area, in lieu of the foregoing, the statement may consist of reference to provision of such a development plan on which the decision may be based.

3-3.7. Conditions for Development Permits

3-3.7.1. MP&ECD or the Concerned Authority may attach to a development permit conditions which concern any matter subject to these Regulations including means for:

a) Establishing more detailed records by submission of drawings, maps, or specifications;

b) Minimising any adverse impact of the proposed development upon other land, including the hours of use and operation and the type and intensity of activities which may be conducted;

c) Controlling the sequence of land development, including when it must be commenced and completed;

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d) Controlling the duration of use of land development and the time within which any structure must be removed;

e) Ensuring that the land development is maintained properly in the future;

f) Designating the exact location and nature of development.

3-3.7.2. In addition, MP&ECD may condition the grant of a Special Development Permit to the development of streets, other rights of way, utilities, parks, and other open space, of a quality and quantity reasonably necessary for the proposed development.

3-3.8. Criteria for Decisions Relating to Special Development Permits, Contingency Plans or Planning Positions

In determining applications for Special Development Permits and making contingency plans or planning positions, MP&ECD shall take into account, as may be pertinent;

3-3.8.1. The provisions of the Master/Development Plan, and of any applicable concept plan or contingency plan or other development plan for the community in which the proposed land development is located.

3-3.8.2. The implications, if any, for the development of a larger region of which the community is a part, as such region is defined by the Master/Development Plan, or an applicable development plan or detailed plan, or as defined by MP&ECD in the absence of such definition;

3-3.8.3. The provisions of any approved development programme or scheme of a public agency which might be adversely affected by the proposed land development;

3-3.8.4. The need, if any, to protect existing resources, installations or investments of the Federal Government, Government or any public agency;

3-3.8.5. Relevant conditions or needs in the neighbourhood and community relating to sanitation, road and street networks, traffic and transportation facilities, the existence or absence of municipal services, public amenities, industrial and commercial activities and facilities, air and water quality, other attributes of the physical environment, and significant social and economic characteristics of the inhabitants.

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3-3.9. Notice for a Special Development Permit

3-3.9.1. In the case of an application for a Special Development Permit, the MP&ECD shall give a public notice in the manner as described in 3-1.1. of these regulations.

3-3.9.2. The applicant or his representative may request, and if so shall be granted, an opportunity to be heard on the matter within such reasonable time, not exceeding 30 days, as shall be fixed by MP&ECD or the Concerned Authority, as the case may be.

3-3.9.3. The determinations made by MP&ECD or Concerned Authority on the applications for development permits shall be known as 'orders'.

3-3.9.4. If MP&ECD or the Concerned Authority, as the case may be, denies the application or grants permission subject to conditions, it shall state the reasons for the denial or conditions.

3-3.9.5. An applicant for a development permit shall pay scrutiny/attestation fee to the Concerned Authority and if the matter is referred to MP&ECD, pay to it the prescribed fee for the type of land development there indicated.

3-3.10. Approval of Minor Sub-Division

3-3.10.1. In the case of minor sub-division the Concerned Authority may grant development permit to the owner as per the rules set forth in these Regulations.

3-3.10.2 Applications for development permits for minor sub-divisions shall be made to the Concerned Authority on Prescribed Form.

3-3.11. Approval Procedure for Special Development Permit

3-3.11.1. For special development permit for major sub-division the owner shall apply to the Concerned Authority having jurisdiction and the concerned Authority shall refer the case to MP&ECD for approval. MP&ECD shall give a public notice in the manner as described in 3-1.1. of these regulations. Upon approval by MP&ECD, the Concerned Authority shall issue special development permit to the owner.

3-3.11.2. The application shall be accompanied by documentary evidence demonstrating;

a) the payment by the applicant of the scrutiny fees prescribed,

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b) the applicant's ownership of sufficient title in the site to undertake the proposed sub-division and development;

c) the approval of Civil Aviation, Defence Authorities, or any other Concerned Authority, if required ; and

d) compliance with any provisions for rules or regulations under the Co-operative Societies Act, 1925 if the applicant is a co-operative housing society.

3-3.11.3. The application for approval of special development permit involving major sub-division shall include:-

a) a physical survey, submitted through a town planner, of the site and of any larger tract of the land of which the site is a part, showing the boundary lines of such site and tract, official survey numbers, and existing structures, water courses, wooded areas, streets, roads and other significant physical features within the site and on adjacent land within 600ft.(182.75m) of the boundary of the site.

b) a topographical survey, with contours at intervals as deemed necessary by the MP&ECD, including both the site and adjacent land within 300ft.(91.44m) of the boundaries of the site;

c) a proposed layout plan at a scale of not less than 1:4000, together with block plans at no less than 1:1000, or at such different scales as may be permitted by MP&ECD for large developments; such layout plan shall show the locations and dimensions of proposed plots and structures, the locations, widths and grades of streets or other public ways; arrangements for street lighting; and the locations and dimensions of proposed parks, other open spaces, and areas to be set aside for non-residential use, including community facilities with percentages of each;

d) existing sewer, water supply, drainage and other utility lines or facilities;

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e) the approximate locations and sizes of proposed water lines, hydrants, sewer lines, storm drainage or other utility lines or facilities, and information regarding their connections with existing or new systems;

f) the proposed construction schedule;

g) any other information if required.

3-3.11.4. The layout plan required by regulation 3-3.11.3.(c) and revisions of such layout plan shall be prepared and endorsed by a town planner.

3-3.12. Site Inspections and Consultation

3-3.12.1. The applicant submitting a sub-division plan shall arrange for at least one site inspection by a representative of the concerned Authority or MP&ECD or both, as the case may be;

3-3.12.2. In connection with the submission of application the applicant shall consult with, or obtain information from, appropriate public agencies or companies concerned with the provisions of water supply, sewerage, electricity, telephone service, fire protection and other public services appropriate to the particular development; but the concerned Authority or MP&ECD may in its discretion, assist the applicant to obtain any necessary or desired clearances or commitments regarding such services.

3-3.12.3. Three copies of plan duly signed by Owner and Architect/Town Planner shall be submitted along with the proposal to the concerned Authority for the sub-division of plot.

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Schedule 3A SCRUTINY FEE

1. The Authority shall charge for the scrutiny of building plans and other matters during the disposal of the plan or in phase of its construction a fee to be known as “Scrutiny fee”.

2. For the purpose of scrutiny fees, Total Floor Area shall include all exempted areas excepting voids.

3. Scrutiny Fee to be charged shall be as prescribed and revised from time to time by the Oversee Committee. The rate shall be made part of these Regulations in the form of an Appendix.

4. The Authority shall charge no Scrutiny fee in respect of plans for building to be used exclusively for places of religious worship, public sector buildings, educational/vocational buildings for handicapped persons and building for registered charities.

5. The cost of various forms shall be determined by the Authority from time to time as per provisions of Ordinance.

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Schedule 3B - BUILT UP AREAS IN WHICH GENERAL DEVELOPMENT PERMITS MAY BE GRANTED IN THE ABSENCE OF A DETAILED PLAN

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SCHEDULE 3C –PUBLIC NOTICE FOR CHANGE OF LAND USE

Notice relating to Change of Land Use shall conform to the format provided below.

PUBLIC NOTICE

Change of Land Use of Plot No. _____________ Scheme _______.

Mr. ____________ , owner of Plot No. ___________ has applied to this Office for Change of Land Use of above Plot from ____________ to _______ . The City District Government Master Plan and Environmental Control Dept. is examining the proposed conversion and its implications on the amenities and infrastructure. This conversion will result in the following changes to the currently applicable Lease Conditions and Zoning Regulations:

Anyone having any objections/comments/observations should file the same within 30 days from the date of publication of this notice to the undersigned.

A Public Hearing will then be held at the office of the undersigned within 5 days of the expiry of the above mentioned 30 day period or an extension thereof, and all those having filed objections/comments/observations will be invited to present/explain their point of view. Master Plan & Environmental Control Department decision shall be final.