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Interim Dev Regulation
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Interim development strategy of BBNDA pending the finalization of the master plan for the area.

BBNDA has been created for ensuring planned development in BBN area. As the development process cannot be stopped pending the finalization of the master plan, it is suggested that BBNDA shall be guided by the following basic principles in terms of according the planning permissions /NOC for purchase of land under Section118 pending the finalization of the master plan.

Land Use:

  1. In terms of the land use, BBNDA shall in the interim period follow the land use as prescribed under the Interim development plan of Barotiwala and Development plan of Nalagarh.
  2. A draft development plan was prepared by the department of TCP for Barotiwala in 2003 but is yet to be approved by the state government. In the interim period we can use this document as well for guidance on the land use.
  3. For the cases not falling in the above mentioned categories, we shall be guided by the predominant land use in the area to be decided by physical site inspection on case to case basis for which the below mentioned basic norms shall be adhered to

Industrial projects:

While approving any industrial project site, the following points shall be ensured

  1. In case of industrial projects, the projects should be allowed only in the areas already having industrial units in the vicinity/close contiguity. Industrial projects shall not be approved in vacant lands where no development has taken place till date. This measure shall be enforced till the preparation of master plan to ensure that the broad character of land use is preserved in the area as far as possible till the time master plan is prepared. Area from Baddi to Nalagarh has been littered with industry in a very haphazard manner. Therefore in the area from Baddi to Nalagarh, any new proposal for the industry should per se be discouraged till the time the master plan is prepared. In approving any new industrial projects in this area, we shall be guided strictly by the principles of land use mentioned above and only the cases conforming to industrial land use as mentioned in the para of land use above shall be approved. Areas beyond Nalagarh on Nalagarh to Swarghat road, Nalagarh to Ropar road and Nalagarh to Bharatgarh road are conducive for industry and even the land in the area is not that fertile. Therefore BBNDA shall in the interim period encourage the industry to grow in the area.
  2. The industrial site should have access to road national highway, state PWD road or link road. It is desirable that the minimum width of the approach road should not be less than 7 meters. If that much width is not available on the ground, site should be so selected that there is a scope for future expansion of road to minimum 7 meter width. The applicant shall where ever applicable surrender his land to ensure a minimum width of 7 meter. Projects with access road of less than 5 m shall not be approved under any circumstances.
  3. As far as possible it should be a square/rectangular patch.
  4. The selected site should be away from village abadi areas/ residential houses by at least 100 meters. In case of polluting or major industrial units the distance should not be less than 300 meters.
  5. Fertile agriculture lands, forest land, low lying and flood prone land should be avoided.
  6. HT lines, proposed sector roads, bye pass roads, arterial and other roads proposed under Interim development plan of Barotiwala, Draft development plan of Barotiwala, and Development plan of Nalagarh have to be kept under consideration while selecting the site for the industrial project.
  7. While approving any proposal, the likely traffic generation due to the coming of the project and arrangements made by the applicant for parking in his proposal shall also be taken into consideration.

Housing/Commercial/ Recreational/Institutional projects:

While approving these projects, BBNDA shall be following the following guidelines as far as possible:

1.      Land use principles as enumerated above shall be strictly followed.

2.      The site should invariably have access to road national highway, state PWD road or link road. It shall be ensured that the minimum width of the approach road should not be less than 5 meters. If that much width is not available on the ground, site should be so selected that there is a scope for future expansion of road to minimum 5 meter width. The applicant shall where ever applicable surrender his land to ensure a minimum width of 5 meter.

3.      As far as possible it should be a square/rectangular patch.

4.      The selected site should be away from industrial areas by a minimum distance of 100 meters.

5.      Fertile agriculture lands, forest land, low lying and flood prone land should be avoided.

6.      HT lines, proposed sector roads, bye pass roads, arterial and other roads proposed under Interim development plan of Barotiwala, Draft development plan of Barotiwala, and Development plan of Nalagarh have to be kept under consideration while selecting the site for the industrial project.

7.      While approving any proposal, the likely traffic generation due to the coming of the project and arrangements made by the applicant for parking in his proposal shall also be taken into consideration. In case of commercial projects parking shall be ensured strictly as per the TCP norms or a minimum depth of 3 meters which ever is more.

 

 

 

Development Control regulations for Barotiwala planning area

List of villages included in Barotiwala Planning Area

Sr.No. Name of revenue village Hadbast no. of revenue village Area (in hectare) Population in 1981 Patwar Circle

1

Malku Majra

184

319

276

Bhud

2

Daso Majra

195

88

83

do

3

Khol

186

268

283

do

4

Bhud

188

163

451

do

5

Malpur

189

259

466

do

6

Makhnu Majra

190

124

484

Thana

7

Lehi

195

56

339

do

8

Koli Majra

191

54

264

do

9

Chaka

196

63

327

do

10

Karuwana

197

97

442

Sandholi

11

Gullerwala

194

139

625

do

12

Bilanwali-Labana

207

70

431

do

13

Bilanwali-Gujran

198

93

108

do

14

Sandholi

199

87

263

do

15

Kunduwala

200

117

93

do

16

Haripur Sandholi

206

87

73

Barotiwala

17

Dhakru Majra

212

57

140

Bhatoli Kalan

18

Katha

211

229

82

do

19

Bhatoli Kalan

214

677

567

do

20

Jharmajri

215

214

357

do

21

Kunjahal

216

200

617

do

22

Bhatoli Khurd

213

116

76

do

23

Baddi(Shital)

204

293

786

Baddi

24

Suraj Majra-Labana

205

96

194

do

25

Suraj Majra-Gujran

208

67

180

do

26

Judi Khurd

209

43

100

do

27

Judi Kalan

210

91

101

do

28

Kalyanpur

201

173

23

do

29

Landewal

202

37

110

do

30

Chakgangi

203

21

Uninhabited

31

Tipra

195

249

456

do

32

Barotiwala

196

66

719

do

33

Damonwala

197

64

180

do

34

Bather

200

275

705

do

35

Burranwala

201

73

213

do

36

Balyana

202

41

245

do

37

Kotla

203

213

136

do

38

Katiwala

183

18

91

Mandhala

39

Kalranwali

184

105

do

40

Sairan

185

27

186

do

41

Kalujhanda

186

87

275

do

42

Koti

187

221

331

do

43

Kurranwala

188

190

291

do

44

Kambanwala

189

83

299

do

45

Mandhala

190

399

772

do

46

Sainsiwala

191

61

150

do

47

Jorapur

192

23

125

do

48

Kulhariwala

193

65

342

do

 

 

The relevant extract of IDP Barotiwala is reproduced below for the general information of the applicants:

 

 

CHAPTER-8

ZONING AND SUB-DIVISION REGULATION

8.1 Procedure: - Land of the urbanisable area is proposed to be acquired, Building permissions, in different sectors shall be given in accordance with detailed schemes likely to formulated. Application for permission to carry out development of land as envisaged in Section 28 to 30 of the Act shall be submitted on application form prescribed under Rule 12 of Himachal Pradesh Town & Country Planning Rules, 1978 along with copy of Treasury Challan vide which requisite fee is deposited (In BBNDA office all fee is to be deposited by way of a DD in favour of CEO BBNDA payable at Baddi) and other documents as mentioned under Rule 12. Apart from this, following additional documents shall be furnished: -

(i) Copy of latest layout plan/ shajra plan indicating means of access/road with its width.

(ii) Extract of latest jamabandi showing title of ownership of the applicant to plot/land as well as access/road.

(iii) Additional number of copies of plan as desired by the competent authority.

(iv) Copy of the site plan showing distance from the electricity line for development as per Indian Electricity Rules (amended upto date) in case any electricity line is passing over or nearby the proposed site for developments.

(v) A certificate from the Municipal Committee/Notified Area Committee/

Panchayat/Revenue authority be enclosed in support of taking over the land for development of road/path designating it as public street as per the provision of the Himachal Pradesh Municipal Act, 1968 in case, land is made available by the owner of such land where no public access exists.

(vi) Applicant shall submit a certificate and get boundary of his land demarcated from revenue authority for inspection of competent authority.

(vii) Copy of the site plan duly certified by the concerned Executed Engineer ( B & R) regarding acquired land boundary of P.W.D road in case the land abuts any P.W.D. road along with permission for laying out of any means of access to a road if considered necessary by the competent authority for according development permission.

8.2 General Regulations:

The following general regulations shall apply to all development activity in planning area: -

(i) No building or other structure shall hereafter be erected, re-erected or materially altered.

(ii) General land use in the Development Plan has been contemplated for specified use. However mixed use shall not be prohibited unless otherwise a particular land use is hazardous/ contiguous in nature to the predominate use and fulfils the regulations fixed for the same.

(iii) No yard or plot existing at the time of coming into force of these regulations shall be reduced in dimension of area below the minimum requirement set forth herein yards or plots created after the effective date for the requirement of these regulations shall meet at least the minimum requirements established by these regulations. All the plots registered so far shall be treated as plots irrespective of their size subject to the condition that their owners make a provision to leave minimum 3.00 meters path abutting one side on the plot.

(iv) Area zoned for public and semi public open space shall not be built upon in any way or used for proposed other then parks, playground and other recreation. These may, however, with the permission of the Director, Town & Country Planning Department be permitted temporally for a period not exceeding 30 days, to be used for public entertainment purposes. Structures that may be erected for such entertainment purposes shall be removed at the end of the period shall in no case be permanently erected.

(v) The height limitations of these regulations shall not apply to Churches, schools, hospitals and other public and semi public buildings provided it is so designed and approved by the Director, Town & Country Planning Department. Chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. Even cornices and window sills may project into any required yard.

(vi) In public interest and in the interest of town design or any material consideration the Director may permit higher F.A.R. / change of land use on specific grounds(s). The decision of the Director shall be final.

(vii) The existing non-conforming land uses, structure and use of structures shall not be allowed in contravention of provisions of section-26 of Himachal Pradesh Town & Country Planning Act, 1977.

(viii) Natural Nallahs which pass through land involving sub-division shall be developed and maintained according to discharge of water.

(ix) If a plot is developed by cutting land, owner shall protect hill cut by retaining/breast wall/ diaphragm wall in the structure so that cutting may not harm adjoining plots/properties.

(x) Development proposal for a part of land or khasra number shall not considered, proposal for complete land holding shall be submitted even if planning permission is required for part of the land.

(xi) No wall, fence and hedge along any yard exceed 2 meters in height.

(xii) On a corner plot in any zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede vision.

8.3 Sub-Division Regulations:

8.3.1 Sub-Division of land shall be permitted in accordance with natural profile/topography (shown in a country map), along with drainage of the land, access road, orientation, wind direction & & other environmental requirements and according to prescribed land use in the Development Plan. Natural flora shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that, optimum use of land is ensured.

8.3.2 Development/Sub-Division of land shall not be permitted in area where basic services like paved roads, drainage, water supply, sewerage, disposal, electrical supply line, street lighting etc., do not exist. The developer shall apply to develop the requisite, services/infrastructure and letter of intent for the same may be given to him/her/them. Final permission for sub-division of land shall be given as and when services are developed. Roads and services are to be provided in a particular sub-division of land in consonance with the adjoining infrastructure/proposals of the development plan. Unless site conditions prohibit, no sub-division shall be allowed with direct access from the National Highway.

8.3.3 One side of every residential plot shall about minimum wide vehicular road. In extreme cases, because of difficult terrain 5 meters wide path can also be permitted. In case of plot/land abutting existing road/path, width of same shall be increased to meet with the requirement of these regulations by getting additional strip of land surrendered from the land owners on either sides of such road/path equitably or in accordance with topography of land and feasibility. Right of ownership/use of such land which is earmarked for path/road shall be surrendered/ transferred to the development authority/local body/Panchayat/revenue authority by owner of the plot without any compensation.

8.3.4 If number of plots abutting any road is more than 10 width of road shall not be less than 7 meter and adequate provision of parking for vehicles shall be made.

8.3.5 Average slop gradient for regional roads shall have to be 1:20. However, local roads in town may be allowed with slop gradient up to 1:10 additional width of carriage way shall be provided on curves for ensuring smooth flow of traffic.

8.3.6 Minimum area of a plot for a detached house shall not be less than 150 sqm. In case of plots meant for semi-detached and row housing minimum size shall be 120 sqm. and 90 sqm respectively provided that front, rear and side set back regulations are fulfilled.

8.3.7 Semidetached house construction shall be allowed on plots upto 250 sqm. and row housing on plots upto 120 sqm subject to maximum number of such plots do not exceed 8 in row after which gape of 7 meter shall be left. All though minimum size of plot for construction in a row with two common walls, have been kept as 90 sqm. Yet in exceptional circumstances considering economic/ site conditions, minimum size of plot in a row, with two common walls, upto 60 sqm. for houses may be allowed, provided that front and rear set back regulations are fulfilled, so as, to provide smallest possible residential construction in a planned manner for benefit a economically weaker section of the society.

8.4 Zoning Regulations:

8.4.1 Residential Use: -

8.4.1.1 Minimum size and requirement of plots: The construction of building for residential use shall not be permitted on any plot which has an area of less than 90 sqm. Minimum width of plot for row, semi-detached and detached types houses shall be 5 meter and 10 meter respectively. Ratio of depth to width of the plot shall normally range between 1½ to 3 only. For social housing schemes sponsored by the public agencies for economically weaker section and low income groups, the minimum size of plot shall be 60 sqm.

8.4.1.2 Maximum permissible covered area: - Maximum covered area in residential plots shall be as under:-

No.

Area of the plot

Maximum permissible covered area

(i)

Less than 200 sqm.

60% of the plot area

(ii)

201 sqm. to 500 sqm

50% of the plot area or 135 sqm. which ever is more

(iii)

501 sqm & above.

40 % of the plot area or 250 sqm whichever is more.

8.4.1.3 Layout of Plots: - The layout of plots in residential area shall be based on following criteria: -

 

Sr. No.

Plot Size

Development scheme/ Type of Housing

1.

Upto 120 sqm.

Row housing

2.

121 sqm to 150 sqm.

Semi detached housing

3.

151 sqm and above

Detached building.

8.4.1.4 Area and height limitation: - Floor area ratio FAR shall be as given in the table.

Table: - PLOT SIZE COVERAGE, SET BACKS AND F. A. R. FOR RESIDENTIAL PLOTS.

Sr.

No.

Plot size in sqm.

Type of construction

Minimum set backs in sq mt.

Front

Side

Rear

FAR

1.

Upto 120

Row

3

-

2

1.50

2.

121 to 150

Semi detached

3

3

2

1.50

3.

151 to 250

Detached

3

2

2

1.50

4.

251 to 500

-

3

3

2

1.50

5.

Above 500

-

5

4

2

1.00

Note: - (a) Maximum permissible coverage shall be subject to fulfillment of prescribed set backs.

(b) In case of corner plots width of plot and side set back shall be increased by 2.00 mt. For providing proper sight distance on the curve.

(c) For plots having side set back of three meters and more, construction of garage upto 5 mt. Depth in ground floor shall be permitted touching rear boundary of the plot provided total coverage remains within the maximum permissible limit and no opening is left on the sides of the adjoining plots.

(d) Minimum projection of 1 mt from balcony (complete open on at least two sides) shall be permitted where a minimum front set back of 3 mtr. is left with restriction in length upto 50% of frontage of the buildings.

(e) Roof slab/chajja projection over door/window openings shall be limited upto 45 cm over set back on all sides.

(f) No construction shall be permitted on a piece of land left with buildable width less than 5 mtrs. After maintaining set backs with reference to the size of plot when the same lies in between the two roads.

(g) A front set back of 7.5 mtr shall apply on all National Highways. 5 mtr on State Highways and other arterial roads as may be specified in the development plan.

(h) Minimum and maximum floor height for residential buildings shall be 2.70 mt. And 3.50 mtrs. Respectively.

(i) The area of mumty to the extent permissible for houses on individual plots will not be reckoned in the floor area ratio.

(j) No projection and opening shall be provided on the sides of common wall in case of row and semi-detached houses. However, the owners of plots of either side shall have an option to construct a common wall.

8.4.2. Commercial Use:

8.4.2.1. Minimum size and Requirements of plots- The minimum size of plot for shopping booth shall be 20 sqm including covered corridor arcade)/pavement in front with minimum plot width of 2.50 mt. The ratio of depth to width shall not be more than four.

8.4.2.2. Organized shopping centre:

The area which has been designated for commercial use in the Development Plan and has an area more than 500 sqm shall be treated an organized shopping center.

8.4.2.3. Coverage:

The maximum coverage of the commercial areas shall not be more than 50%. The remaining area of shopping centre shall be used for parking, plots/movement space and recreation. The lay-out indicating location of parking area, movement area and recreation area shall depend on the size of the commercial centre and its location and design which shall be approved. Maximum permissible built up area individual plot shall not be more than 80% at the ground floor.

8.4.2.4. F.A.R- Maximum permissible F.A.R. for these shopping centers shall be 2.

8.4.2.5 Cinema:

The plot area required for cinema is directly related with its capacity, adequate vehicular parking within premises, incidental shops and open spaces around the building for ventilation and safety measures against the fire hazards. The area required for cinema plot shall be at the rate of 3.7 sqm per seat capacity. The permissible coverage of the total area shall be 50% of the plot.

Front set back will depend upon the location of cinema plot and shall be between 8 to 10 mtrs. The side and rear set back shall be 5 mtrs. Adequate parking space for cars, scooters and cycles shall be provided.

8.4.2.6. Hotel- A Maximum permissible coverage of the plot shall be as under: -

Sr. No.

Size of plot (sqm.)

Permissible coverage including 5% for covered parking at ground floor.

F.A.R.

1.

On plots 500 to 750 sqm.

40 %

1.6

2.

On plots 751 to 1000 sqm.

35%

1.4

3.

On plots above 1000 sqm.

30 %

1.2

The front set back will depend on the depth of plot as well as on road abutting thereof. It shall be minimum 8 meters for the plots, upto 1000 sqm areas and 12 mtrs for plots above 1000 sqm set back on other sides shall be minimum 3 mtrs upto 1000 sqm plots and 5.00 mt. For plots above 1000 Sqm. Minimum street parking space shall be provided within the plot at the rate of one parking space per two beds. Each parking space shall not be less than 20 sqm. Upto 50% of the open area shall be utilized for open parking on roads and the rest may be landscaped.

8.4.3. Industrial Use:

8.4.4. Land size and requirements of plots:

Minimum size of plot shall be 500 sqm. in case of service light industries the minimum plot shall be less than 250 sqm with a minimum width of 10 mtrs. Ceiling height shall not be less than 3.6 mt. Layout and design of Industrial area as earmarked in the Development Plan shall be as per norms of the industrial use and shall be approved by the Director. The permissible coverage and set backs in the industrial area shall be as under: -

 

 

Sr.

No.

Type of Industry

Size of plot Sqm.

Coverage

Set backs (Mts.)

F.A.R.

F.

S.

R.

1.

Small scale/Service Industry

Up to 1000

66 %

6

5

5

1.00

2.

Medium

1000 to 5000

60%

10

5

5

0.60

3.

Heavy

Above 5000

55 %

20

5

5

0.30

8.4.5. Facilities, Services and Government and Semi-Government Offices:

In case of plots for assembly occupancies like cinema, hotels and public buildings like college, higher/high schools, hospitals etc. in Existing built up areas, the minimum width of plot shall be 30 mtrs and it shall have front on a street of width not less than 5 mtrs. In case of newly developed areas, outside existing built-up areas, the width of plot shall not be less than 50 mtrs and shall have front on a street of width not less than 7 mtrs. Provided set backs and coverage of plots are such so as, not to create nuisance to the residential area with minimum 10 mtrs set backs from all sides of the dwelling units. Layout plan to be prepared on the following norms:-

Sr. No.

Description

Coverage

F.A.R.

1.

Educational Buildings

30 to 40 %

1.00

2.

Police Station/fire Station

40%

1.00

3.

Medical

40%

1.50

4.

Community Hall and Library and Religious Buildings

40%

5.

Government & Semi-Government Offices

50%

2.00

Note: - 1. Upto 50% of the open area shall be utilized for open parking and roads and the rest may be landscaped.

Note: - 2. 5 % additional coverage shall be allowed for garages and other vehicle sheds.

8.5 Green Belt/Agriculture Zone:

Only need based farm houses and other incidental buildings pertaining to agriculture use upto 100 sqm plinth area shall be permitted in this zone on a simple application. Such buildings shall be built as per conventional design and shall not exceed 2 storeys including an attic/barsati. Regulations for paved road, other services etc. as for residential use shall not be applicable in case of farm house.

Certain amendments have taken place in IDP Barotiwala which is reproduced below:

 

 

(AUTHORITATIVE ENGLISH TEXT OF GOVERNMENT NOTIFICATION NO. TCP-A (3) –9 / 2005 DATED 27-2-2007 AS REQUIRED UNDER CLAUSE (3) OF ARTICLE 348 OF THE CONSTITUTION OF INDIA).

Government of Himachal Pradesh

Town & Country Planning Deptt.

No. TCP-A (3)-2/2004- Dated Shimla-2, 27-02-2007

Notification

In exercise of the powers conferred upon him under Section 17 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), the Governor of Himachal Pradesh is pleased to make the following amendments in the Interim Development Plan for Barotiwala Planning Area, notified vide this department notification No. AWAS-TCP-1-147/92 dated 05.07.1994 and published in the Himachal Pradesh Rajpatra (extra ordinary) dated 27.7.1995, namely: -

Amendment in Chapter 8

In chapter 8 of the Interim Development Plan for Barotiwala Planning Area for Regulation 8.4.3.2, and 8.4.3.3 the following shall be substituted, namely:-

8.4.3.2. Height of building

The minimum floors/storey height of industrial building shall be 3.60

Meters and sloping roof height shall be in accordance with volume of

the structure.

8.4.3.3 The plot size/area maximum coverage, set backs and Floor Area

Ratio (F.A.R.) shall be governed by following table: -

Sr.

No.

Type of Industry Minimum plot size (in square metres) Maxi-mum coverage Minimum Set back (in metres) Max. FAR Maxim-um height (in metres)
Front Left Right Rear
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
1. Small Scale Industries 250 to 500 60% 3.00 2.00 2.00 2.00 1.50 15.00
2. Service/

Light Industries

501 to 1000 60% 5.00 2.00 2.00 3.00 1.25 15.00
3. Medium Industries 1001 to 5000 55% 10.00 5.00 5.00 5.00 1.00 15.00
4. Large and Heavy Industries Above 5000 50% 15.00 7.50 7.50 7.50 0.90 15.00

Note: - (i) Maximum height of industrial shed shall be 15.00 Metres or

depending upon the nature of requirement of particular industry. In case of roof trusses, height of building should be adjusted/relaxed accordingly.

(ii) The higher slab of Industrial plots shall be eligible for maximum coverage, which is applicable to the lower category.

(iii) Services are required for pharmaceutical units or such type of Industries under requirement of G.M.P. (Good Manufacturing Practices) shall not be included for calculation of F.A.R. provided it is only used for utilities and services but not in any case for production.

By order

Principal Secretary (TCP) to the

Govt. of Himachal Pradesh.

Endst No. TCP-A (3)-9/2005 Dated Shimla-2, 27-02-2007

Copy forwarded to the following for information and necessary action: -

1. The Chief Secretary to the Government of Himachal Pradesh, Shimla-2

2. All the Principal Secretaries/Secretaries to the Government of H.P.

3. All the Divisional Commissioners in Himachal Pradesh.

4. All the Head of the Departments in Himachal Pradesh.

5. The Private Secretary to Chief Minister.

6. The Deputy Commissioner, Solan, Distt. Solan.

7. The Director, Town & Country Planning Deptt. H.P. Shimla-9 with 10 spare copies.

8. The Chief Executive Officer, Baddi-Barotiwala & Nalagarh Development Authority,

Distt. Solan.

9. The Controller, Printing and Stationary Department, H.P. Shimla for publication in

 the H.P. Rajpatra.

10. The Under Secretary (LAW) to the Govt. of Himachal Pradesh

11. The Town & Country Planner, Divisional Town Planning Office, Solan,

12. Guard file.

 

Under Secretary (TCP) to the

Govt. of Himachal Pradesh,

Development Control regulations for Nalagarh planning area

 

List of villages included in Nalagarh Planning area

Sr no. Name of revenue village Hadbast no. of revenue village Patwar Circle

1

Sori

132

Nalagarh

2

Chuhuwal

136

do

3

Nalagarh Khas

139

do

4

Thanthewala

125

do

5

Rajpura

128

do

6

Musewal

126

do

7

Ranguwal

127

do

8

Radyali

138

do

9

Dattowal

137

do

 

 

The relevant extract of DP Nalagarh is reproduced below for the general information of the applicants:

CHAPTER-7

7.1 Regulations

7.2 Procedure

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a local authority or any authority specially constituted under the H.P. Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule 11 of the H.P. Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, local authority or any authority specially constituted under the H.P. Town & Country Planning Act, 1977 shall be in such forms along with the specifications sheet and schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the H.P. Town and Country Planning Rules, 1978.

(c) The application under Section 30 “A” for construction of farm house for agricultural purpose shall be a simple application to the Director for seeking his permission subject to the conditions as envisaged under Section 30 “A” of the H.P. Town and Country planning Act, 1977.

(d) Apart from above the applicant shall furnish the following additional documents namely:

(i) Location Plan in the scale 1:1000, indicating the land in question, main approach roads important physical features of the locality/area, important public buildings like school, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:2000 indicating the proposed site, approach road, adjoining buildings, the existing sewerage/drainage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the tatima. Otherwise suitable revenue document supporting/verifying the change in shape & area to be enclosed.

(iii) Five sets of Plans, Elevations and Sections in the scale of 1:1000 or 1:50.

(iv) The Architectural drawings duly signed by the Registered Architect/Planner along with his/her address and registration number.

(v) Copies of Treasury Challan Form vide which requisite fee has been deposited. (For BBNDA office fee has to be deposited by way of DD in favour of CEO BBNDA payable at Baddi).

(vi) Latest original Khasra map showing Nos. of land in question, adjoining Khasra Nos. from all sides of plot and approach path with dimensions.

(vii) Ownership documents such as copy of latest Jamabandi and attested photocopy of Registration deed.

(viii) In the site plan the distance of electricity line, from development as per Indian Electricity Rules (as amended up to date) in case any electricity line is passing over or nearby the proposed site for development, be shown.

(ix) A certificate from the Nagar Parishad/Nagar Panchayat and Revenue authority shall be enclosed in support of taking over the land surrendered for development of road or path and designing it as public street as per the provisions of the Himachal Pradesh, Municipal Act, 1994 in case own share land is made available by the owner of such land and where no public road or path exists.

(x) A certificate from the concerned competent authority along with a copy of site plan showing acquired width and boundary or public road (in case the land abuts with such public road) shall be submitted.

(xi) Applicant shall have to submit any other certificate/documents/Plan e.g. no objection certificate from the H.P. State Pollution Control Board, water and electricity availability certificates from the concerned departments etc. as may be required by the Director.

 

7.2. General Regulations

 

The following general regulations shall apply to all development activities in each of the Land use Zones in the Nalagarh Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Director.

(ii) General land use in the Development Plan has been contemplated for specified uses. However, mixed land use shall not be prohibited unless otherwise a particular land use in hazardous, contiguous in nature to the predominant use and fulfills the regulations fixed for the same at the time of coming into force of these regulations.

(iii) No yard or plot existing at the time of coming into force of these regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date or these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 meters wide path abutting one side of the plot will be the basic requirement. If 3.00 meters wide path is not available at site and if it is lesser in width then the owner should surrender the remaining area from his plot to make the path 3.00 metres wide.

(iv) Areas zoned for public and semi public open space shall not be built upon in any way or used for nay purpose other then parks, play grounds and recreations. These may, however, with the prior permission of the Director be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras and Churches etc. provided it is so designed and approved by the Director. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yard.

(vi) In public interest and in the interest of town design or any other material consideration the Director may permit change of landuse on specific ground(s) and may relax minimum size/area of plot ‘plot coverage’ set backs \, number of storeys and floor area ratio (F.A.R.) etc. The decision of the Director shall be final.

(vii) The existing not confirming uses of land and structures shall not be allowed in contravention of provisions of Section-26 of the H.P. Town & Country Planning Act, 1977.

(viii) Natural Nallahs which passed through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than one storey (3.50) metres in any case having a provision of diaphragm wall for step housing).

(x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any authority for any development purpose, the owner shall have to submit an undertaking in this behalf that the rest of the land shall not be sub-divided and shall not be developed upto the plan period of the Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 metres in height.

(xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas the Front and Rear set backs need not to be left and existing buildings line can be maintained provided further that the existing buildings are approved by the local body.

(xv) Proposal for three and more dwelling units per floor on plots of more than 300 sqm would be considered after additional requirement such as number of parking spaces of at least 50% of the proposed dwelling units, adequate fire escape stair case and structural design are met with.

(xvi) Drainage shall be regulated strictly according to natural profile of land with a view to prevent land slider and soil erosion and also to maintain sanitation and public health.

(xvii) No building shall be erected on slope forming an angle of more than 45 to 60 degree slope on individual site basis after considering the stability of ground/natural profile, view point or any other material consideration.

(xviii) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of the Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land which is earmarked for path or road shall be surrendered or transferred to the Development Authority or local body by owner(s) of the plot(s) without any compensation for maintenance purpose.

(xix) The registering authority shall have binding with this provision to affect all registrations as per approved layouts from the Director, Town & Country Planning or through authorize officers. In this, registering authority shall be affecting transfer of mutations to Government for surrendered lands for public roads, paths and facilities. The constructions conforming to the traditional Hill Architecture with conical roof should be encouraged in hilly areas.

(xx) Roof slab/chajja projection over door/window openings shall be limited upto 0.45 metres over set back on all sides.

(xxi) No closed basement shall be allowed which is more than 1.80 metres in height from the plinth beam to the bottom surface of the slab.

(xxii) The set backs shall not be applicable to services like Electric Sub-Station, road side infrastructure/facilities such as rain shelters, auto services, landscaping etc. which are specifically permitted by the H.P. PWD on the acquired width of a road with temporary structures.

(xxiii) In Case of Petrol filling station the layout plan/norms of the Indian Oil Corporation (I.O.C.) shall be adopted. However, on National Highways and State Highways the front set back shall be kept 5.00 metres and 5.00 metres respectively. If the rear and side set backs are not mentioned in the layout plan of (I.O.C.) then the minimum side and rear set backs shall be 2.00 metres.

(xxiv) No construction shall be permitted on a piece of land left with build able width less than 5.00 metres after maintaining set backs with reference to the size/area of plot when the same lies in between the two roads.

(xxv) One dwelling unit shall be permissible in the plots having an area of 90 to 120 sqm. in area, two dwelling units shall be permitted in plots having an area of 121 to 300 square metres and three dwelling units shall be permitted on plots having area more than 300 square metres.

(xxvi) Minimum size of rooms shall be as follows: -

(i) Habitable room 9.50 square metre with minimum width of 2.50 metres.

(ii) Kitchen without dinning 4.00 square metres with minimum width of 2.50 metres.

(iii) Kitchen with dinning 7.50 square metres with minimum width of 1.00 metres.

(iv) Bath room 2.00 square metres with minimum width of 1.25 metres.

(v) Water closet (W.C.) 1.20 square metres with minimum width of 1.00 metres.

(vi) Bath/W.C. combined (Toiled) 3.20 square metres with minimum width of 1.50 metres.

(xxvii) Parking floor can be allowed on floor which comes at road level, subject to the condition that the floor height shall be limited upto 2.20 mtrs. This parking floor shall not be included for calculation of F.A.R.

7.3 Sub Division of Land Regulations

7.3.1 The Sub-division of land into plots amounts to “Development” under the H.P. Town & Country Planning Act, 1977 and as such whenever the provision of Town & Country Planning Act are being implemented, no person can subdivide the land unless permitted to do so as per Rules framed under the Act ibid.

7.3.2 Similarly no “Registrar or the Sub-Registrar can register any deed or document of transfer of any sub-division of land unless the sub-division of land is duly approved by the Director as per provisions contained under Section 16 of the H.P. Town & Country Planning Act, 1977 and sub division of land regulations as contained in this Development Plan under regulations.

7.3.3 The application for sub-division of land shall be submitted as per procedure laid down under regulation 7.1.

7.3.4 The General Regulations as laid down under regulation 7.2 shall be kept in view while permitting sub-division of land.

7.3.5 The sub-division of land shall be permitted in accordance with natural profile/topography (shown on a contour map) along with drainage of the land, access, road, orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of land is ensured.

7.3.6 The development of land shall not be permitted in area where basic services like roads, drainage, water supply, sewerage disposal, electrical supply line, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

7.3.7 The minimum width of path/road abutting one side of plot shall be 3.00 metres. However, for group of plots between 10 to 20 in number ( 150 to 300 sqm) on one particular access, the minimum vehicular access shall be 5.00 metres width.

7.3.8 In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet requirements of the Development Plan as envisaged in Table 15 of Chapter 5 and as per the provisions made under General Regulations 7.2 (xviii).

7.3.9 Average slope gradient for regional roads shall have to be 1:20. However, local roads in town may be allowed with slope gradient upto 1:10 and additional width of carriage way shall be provided on curves for ensuring smooth flow of vehicular traffic which may not obstruct view or vista.

7.3.10 Minimum area of a plot for a detached house shall not be less than 150 Sqm. In case of plots meant for semidetached and row housing, minimum area shall be 120 sqm and 90 Sqm. respectively.

7.3.11 Semi-detached house construction shall be allowed on plots upto 120 Sqm. and row housing on plots upto 90 Sqm. subject to maximum number of such plots do no exceed 8 in row after which a gap of seven metres shall be left. Although minimum size of plot for construction in a row, with two common walls, has been kept as 90 Sq mt, yet bin exceptional circumstances, considering economic/site condition minimum size of plots in a row, with two common walls, upto 60 sqm for houses may be allowed, so as to provide smallest possible residential construction in a planned manner for the benefit of economically weaker sections of the society.

7.3.12 The plots allotted by the Govt. under Gandhi Kutir Yojna, Indira Awas Yojna and Economically weaker Section Schemes may be considered and permission accorded in relaxation of regulations.

7.3.13 Minimum area of a plot for residential development Group Housing Scheme basis shall be 0.50 Hectares (5000 Sqm.)

7.3.14 Where a sub-division of land involving plots exceeding 10 in number (1500 Sqm.) by individual/colonizer or any Society, provisions of parks/tot-lots shall be made on a suitable location in the scheme, such parks can not be built up on and sold in any manner in future. The areas earmarked for parks/open spaces shall not be less than 10 % of the total area. If the number of plots exceeds 33 in number or say (5000 Sq.M.) in area provision shall have to be made for education, religious, socio-cultural and other community facilities based on actual requirements. The ownership of this land shall be transferred/surrendered to the Development Authority/Local body for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/surrendered to the Development Authority/Local Body without any compensation for development and maintenance as per provisions made under General Regulations 7.2 (xviii). And necessary recovery entry shall be made in the revenue records.

7.3.15 While carving of plots the orientation of the plots shall be provided in such manner so as to be in conformity with the integration of existing plots/infrastructure, wind direction, natural flow of surface drainage to allow unobstructed raid water discharge.

7.4 Regulations for each landuse zone

The following regulations shall apply to each of the landuse zones as specified below: -

7.4.1 Residential zone

7.4.1.1 The General Regulations as laid down under regulation 7.2 shall be kept in view while permitting any development in this zone.

7.4.1.2 Minimum area of plot

 

(a) The minimum area of residential plot of this zone shall be 150 Sq. for a detached house. For semi-detached and row housing the minimum area of plot shall be 120 sq. m. and 90 sq. m. respectively. In exceptional circumstances the area upto 60 m sq. may be allowed considering economic/site conditions as explained in para 7.3.11 & 7.3.12.01

(b) The plot area as mentioned in Clause (a) above would not be Applicable in the cases where the sub-division of land has taken effect before the commencement of the Development Plan.

7.4.1.3 The minimum plot size/plot area, maximum coverage, set backs F.A.R. and maximum height of Building excluding roof height shall be governed by following table: -

Sr.

No.

Plot area in Square metres

Type of Housing

Maximum Coverage

Set backs in Metres

Maximum height FAR of building Excluding roof Height in Metre

Front Side

Left Side

Right Side

Rear

1.

2

3,

4,

5,

6,

7.

8.

9.

10.

1.

Upto 120

Row

-

3.00

-

-

2.00

2.00

10.80

2.

121 to 150

Semi Detached

-

3.00

2.00

2.00

1.00

2.00

10.80

3.

151 to 250

Detached

-

2.00

1.50

1.50

1.50

1.75

10.80

4.

251 to 500

Detached

-

3.00

2.00

2.00

2.00

1.50

10.80

5.

501 and above

Detached

50%

3.00

3.00

3.00

3.00

1.25

10.80

Note: 1. Row housing means where two side walls are common walls and Plots created specifically for row houses.

2. Semi-detached housing means where one side wall is common wall and plots created as such for this purpose.

3. Detached house means where there are no common walls and plots created as such for independent houses & above 150 sqm. in area.

4. Maximum permissible coverage shall be subject to fulfillment of prescribed set backs.

5. In case of corner plots width of plot and side set backs one side of a plot shall be increased by 2.00 metres for providing proper sight distance on the curve.

6. Floor Area Ratio (F.A.R.) means the ratio between the net area of the plot and the total floor area of all the floors of the building i.e.

F.A.R. = Total covered area of all floors

Plot Area

7. Minimum and maximum floor height for residential building shall by 2.70 metres and 3.50 meters respectively. For this purpose the basement/attic/mezzanine floors shall be counted a a storey.

8. Maximum width of path/road abutting one side of plot shall be 3.00 meters and if the plot is located on existing or proposed roads/path as envisaged in table 15 of Chapter 5, the front set back left from the edge of Right of way (Row) as under, the ROW here means the edge of acquired width of road :-

Sr.No.

Proposed Right of Way

Front set back

(i)

24 Metres

5.00 Metres

(ii)

18 Metres

5.00 Metres

(iii)

12 Metres

5.00 Metres

(iv)

09 Metres

4.00 Metres

(v)

07 Metres

3.00 Metres

 

9. In case of residential plots having side set back of 3.00 metres or more, construction of garage upto 5.00 metres on floor the vehicular road/path shall be permitted touching near boundary of the plot. The area of the garage shall be counted for the purpose of coverage. No opening shall be left towards the sides of the adjoining plot(s).

10. Balcony projected upto 1.00 metre width and kept open to sky (uncovered) can be permitted on the plots having set backs of 3.00 metres or more.

11. No construction shall be permitted on a piece of land left with buildable width less than 5 metres after maintaining set backs with reference to the size/area of plot when the same lies in between the two roads.

12. No projections and opening shall be provided on the sides of common walls in case of row housing and semi-detached housing. However, the owner of plots of either side shall have an option to construct a common wall.

13. In case of irregular size of plots the set backs shall be governed by the set backs prescribed for the corresponding regular plot size.

14. It will be mandatory to make provision for vehicle parking space in plots above 250 Sqm area.

15. The area of mumty to the extent permissible for houses on individual plots will not be reckoned in the floor area ratio.

7.4.1.4 Existing Core Built up Area

The area defined as under shall be known as existing core built up area: -

The horizontal distance upto 50.00 metres (measured from the centre of the road) on both sides of the bazar: -

(i) Starting from the main Gate near the Office of Municipal Committee Nalagarh and upto bifurcation point (Chowk) of Purana bazar and Naya bazar).

(ii) From the bifurcation point (Chowk) of Purana Bazar and Naya Bazar following Naya Bazar & upto Palace road near Gurudwara.

(iii) Again from the bifurcation point (Chowk) of Purana Bazar and Naya Bazar following Purana Bazar & upto Ram Lila ground.

7.4.1.5 Following regulations shall be applicable to the existing core built up area.

(i) Set backs shall not be compulsory in case of existing authorized buildings provided existing building line is maintained. However, front and rear set backs shall be determined by the existing building line whereas set backs on sides shall not be compulsory.

(ii) Number of stories shall not exceed four in any case. Basement, attic and mezzanine floor shall be counted as storey.

(iii) F.A.R. shall not be applicable but the existing sky line shall be maintained.

(iv) Coverage shall not exceed 80% for plots upto 150 M. sq. 70% for plots between 151 to 500 M. sq.

(v) In existing built up areas, commercial activities shall only be allowed in floor which comes at road level. This shall be allowed to the extent of 25% of the coverage of the floor or 50sq. mtrs. Whichever is less. However, following activities shall no be allowed under mixed landuse as these activities having non-conforming environmental impacts. Such activities like retail shop of timber product, firewood, coal, Tyre retreading, battery charging, floor mills (more than 3 K.V. power load). Fabrication and welding and alike. Professional offices and the offices of commercial establishments shall be allowed on subsequent floors i.e. at floor above road level floor i.e. Ist & 2nd floor.

7.4.2 Commercial Zone

7.4.2.1 The General Regulations as laid down under regulation 7.2 shall be kept in view while permitting any development in this zone.

7.4.2.2 Minimum area of plot

(a) Shops:

The minimum size of plot for shopping booth (shop shall be 20 sqmtr. including covered corridor (arcade) with minimum width of 2.5 mtrs. in front of shops. The ratio of width to depth shall not be more than 1:4.

(b) Organised Shopping Centre:

(i) The maximum coverage of the commercial area shall not be more than 50%. The remaining area of shopping centre shall be used for parking lots/movement space and re-creation. The layout indicating location of parking areas shall depend on the size of the commercial centers and its location and design which shall be approved. Maximum impermissible built area for individual plot shall not be more than 80% of the plot.

(ii) The maximum F.A.R. for these shopping centers shall be 2.00

(c) Cinema:

(i) The plot area required for cinema is directly related with the capacity, adequate vehicular parking within premises, incidental shops and open spaces around the Cinema building for ventilation and safety measures against the fire hazards. The area thus required for cinema plots shall be at the rate of 3.70 sq.mt. per seat capacity.

(ii) The permissible coverage of total area shall be 50% of the plot area.

(iii) Front set back will depend upon the location of Cinema plot and shall be between 8.00 metres to 10.00 metres. The set backs at sides and rear shall be 5.00 metres. Adequate parking space for cars, scooters and cycles shall be provided.

(iii) After permissible coverage of 50% of plot area, the balance area shall be used for parking within the premises and for other incidental uses as mentioned above.

HOTELS/GUEST HOUSE

The hotels shall be permitted in specified commercial area.

Guest Houses with a minimum 5 rooms can also be permitted in Residential landuse on specific ground 9s) beside commercial land use zones. The minimum plot size/area, coverage, FAR and set backs shall be as under: -

Sr.

No.

Plots size in square

Maximum Coverage

Set backs in Metres

F.A.R.

Front side

Left side

Right Side

Rear Side

A. HOTEL

1.

Upto 500

50%

3.00

2.00

2.00

2.00

2.00

2.

501 to 1000

45%

4.00

3.00

3.00

2.00

1.60

3.

Above 1001

40%

5.00

3.00

3.00

2.00

1.40

B. GUEST HOUSES

1.

250 to 499

50%

3.00

2.00

2.00

2.00

1.75

 

The Hotels/Guest houses shall be permitted provided following regulations are met with: -

(i) The proposed Guest houses/Hotels must have a vehicular access

atleast with a width of not less than 3.00 mtrs.

(ii) The proposed Guest House/Hotels must have car parking space equal to the half of the number of suits proposed.

(iii) The proposed Guest Houses/Hotels must have congenial environment including open spaces around and should not in any manner be disturbing to the residential houses around.

(iv) Each suit have an attached independent toilet.

(v) The maximum occupancy for Guest Houses shall be 5 rooms.

(vi) The minimum and maximum floor height for Guest Houses/Hotels shall be 2.70 and 3.50 metres respectively.

NOTE: -

(i) The minimum and maximum plot size/area as mentioned above shall not be applicable in the cases where sub-division of land has taken effect before the commencement of this development plan.

(ii) Front set back of 3.00 metres which will from an arcade and rear set back of 2.00 metres is must for commercial plots i.e. shops upto 20 M. sq.

(iii) The side set backs shall not be necessary in commercial zone having common walls of shops, but in newly developed commercial area 7.00 metres wid-alley (gap) shall be left after each block of not more than 45.00 metres in length.

(iv) If a commercial building/plot abuts on two or more streets (path/road) the building/plot shall be deemed for the purpose of this regulation to face upon the street (path/road) that has greater width.

(v) If the plot is located on existing or proposed roads/paths as envisaged in table 15 of Chapter-5, the front set back shall be left from the edge of Right of way (ROW) as given in Note 8 under regulation 7.4.1.3.

(vi) Every commercial plot should have minimum vehicular access at least with a width of not less than 3.00 metres.

(vii) Provision of parking in commercial zone is must.

(viii) Adequate parking space for cars, scooters, bicycles etc. shall be provided in case of Cinema/Hotel/Guest House plots.

(ix) Parking if proposed on existing/proposed roads shall not be permitted in any case.

7.4.2.3 Existing Commercial Area

The existing bazaars of Nalagarh falls in the main town as has already been defined as Existing Core Built up Area in para 7.4.1.4. The following regulations shall be applicable to the existing commercial area: -

(i) Set backs shall not be compulsory in case of existing authorized buildings provided existing building line is maintained. However, front and rear set backs shall be determined by the existing building line whereas set backs on sides shall not be compulsory.

(ii) In case of new construction or re-construction by demolishing old one, 2.00 metres to 3.00 metres wide arcade in front of shop shall be provided.

(iii) No. of storeys shall not exceed four in any case.

(iv) F.A.R. shall not be applicable but the existing skyline shall be maintained.

(v) Basement, attic and mezzanine floor shall be counted as a storey.

7.4.3 Industrial Zone

7.4.3.1 The General regulations as laid down under regulation 7.2 shall be kept in view while permitting any development in this zone.

7.4.3.2 Minimum area of plot

(a) The minimum area of an industrial plot for small scale industry shall be 250 Sq.m.

(b) The services/light manufacturing industries shall have plot area between 501 Sq.m to 1000 Sq .m.

(c) The minimum plot area for a heavy industry shall be above 500 Sq. m.

(d) The minimum area of medium industry shall be from 1001 Sq. m. to 5000 Sq. m.

(e) The plot area as mentioned in Clause (a) to (d) above would not be applicable in the cases where the sub-division of land has taken effect before the commencement of this Development Plan.

(f) The industrial plots, if any, created/allotted by the H.P. State Industrial Development Corporation or any other authority prior to coming into force the commencement of this Development Plan.

(g) The layout and design of industrial area as earmarked in the Development Plan shall be as per requirement of the Industry and shall be got approved from the Director.

7.43.3.1. The minimum size/area of plots, coverage, set backs F.A.R. shall be as under: -

Sr.

No.

Type of Industry

Size of Plots in Sq.m.

Coverage

FAR

Front

Left & Right Side

Rear

1.

Small Scale Industries

250 to 500

75%

4.50

2.00

2.00

1.50

2.

Services/Light Industries

501 to 1000

70%

7.50

3.00

4.00

1.95

3.

Medium

1001 to 5000

60%

10.00

5.00

5.00

1.00

4.

Heavy

Above 5000

50%

15.00

7.50

7.50

0.60

NOTE: -

(i) If the plot is located on existing or proposed roads/paths as envisaged in table 15 of Chapter 5, the front set back shall be left from the edge of right of way (ROW) as given in note 8 under Regulation 7.4.1.3 or as given above whichever is on higher side.

(ii) No road within the industrial zone shall be less than 9.00 metres of right of way.

(iii) The industrial zone shall have minimum 15% of area for landscaping in the form of parks/buffers.

(iv) Suitable land scape plans for the industrial zone shall be prepared indicating in reasonable detail, the landscape development of the parks, buffer strips and road side plantation.

(v) The minimum floor/storey height for industrial buildings shall be 3.60 metres excluding the roof height.

(vi) Proper fire hydrants and fire measures shall have to be provided. The industries, which are prone to fire hazards. Such as spinning mills, Paper mills etc. shall have to supply a line plan showing proper fire fighting arrangements etc.

7.4.4 Facilities & Services Zone/Government & Semi Government Offices Zone: -

7.4.4.1 The general regulation as laid down under regulation 7.2 shall be kept in view while permitting any development in this zone.

7.4.4.2 The permissible coverage, set backs and F.A.R. in the facilities & Services zone/Government & Semi Government Offices Zone shall be as under: -

Sr.

No.

Description

Coverage

Set backs Front

Sides Rear

F.A.R.

Lt.

Rt.

1.

Education Building

40%

5.00

3.00

4.50

1.00

2.

Police Station, Fire Station

40%

5.00

3.00

4.50

1.00

3.

Medical

40%

5.00

3.00

4.50

3.00

4.

Community Hall

5.

Library/Religious Buildings

40%

5.00

3.00

4.50

3.00

6.

Govt. & Semi Govt. Office

40%

5.00

3.00

4.50

3.00

Note: -

1. Upto 50% of open area shall be utilized for open parking and roads and the rest shall be landscaped.

2. 5 % additional coverage shall be allowed for garage and other vehicle sheds.

3. Minimum and maximum floor height for public buildings shall be 3.00 metres and 3.50 metres respectively.

4. If the plot is located on existing or proposed roads/paths as envisaged in table 15 of Chapter-7 the front set back shall be left from the edge or right of way (ROW) as given in Note 8 under regulation 7.4.1.3

5. In case of petrol/diesel filling stations, the layout plan/norms prescribed for set backs etc. by the Indian Oil Corporation (I.O.C.) shall be adopted. However, on National Highway and state Highways the front set backs shall be kept 5.00 metres. If the rear and sides set backs are not mentioned on the layout plan (I.O.C.) then the sides and rear set backs shall be kept as 2.00 metres. In case plot is located on the roads as prescribed under ‘table 15 of Chapter5’ the front set back as prescribed under Note 8 of regulation 7.4.1.3 shall have to be left.

6. In the case of godowns for liquefied petroleum gas (LPG) cylinders. The norms as prescribed by the Oil and Natural Gas Commission (ONGC) shall be adopted. However, the front set back as given in Note 8 under plot is located on the roads as prescribed under table 15 of Chapter 5.

7. The set back shall not be applicable to services like Electric Sub Stations, Road side infrastructure/facilities such as rain shelters, landscaping/auto services etc. which have specially been permitted by the H.P. Public Works Department (Building and Roads) in the acquired width of roads.

8. In case of existing institutional buildings, Govt/Semi Govt. office buildings in zones other than this zone the permission on special grounds may be given by the Director to construct such institutional buildings according to the requirements and regulations of that particular zone.

9. Every plot should have minimum vehicular access of 3.00 metres.

7.4.5 Parking and Open Spaces Zone

7.4.5.1 The General Regulations as laid down under regulation 7.2 shall be kept in view while permitting any development in this zone.

7.4.5.2 In case of construction of any building incidental to parks and open spaces such as stadium sports room etc. the regulation as applicable to facilities & services zone. Govt., offices zone as envisaged under Regulation 7.4.4. of this zone also.

7.4.6 Traffic & Transportation Zone

7.4.6.1 The general regulations as laid down under regulations 7.2 shall be kept in view while permitting any development in this zone.

7.4.6.2 The case of construction of any building incidental to Traffic & Transportation zone, such as convenient shopping, hotels, ware housing, waiting hall etc. the regulations as applicable to commercial zone shall be this zone as envisaged under Regulations 7.4.2 of this made applicable in Development Plan.

7.4.7 Agriculture and Water Bodies

7.4.7.1 The General Regulations as laid down under regulation 7.2 shall be kept in view while permitting any development in this zone.

7.4.7.2 A person who, owns 2 bighas of agriculture land. However this condition shall not apply in family sub-division of land in heritage or his successor and intends to construct a farm house for agricultural purposes shall made a simple application to the Director for seeking permission. The far House shall be:-

(i) Comprised of covered area not exceeding 200 Sqm.

(ii) Shall not be having more than two storeys including basement or attic and mezzanine floor.

(iii) For the purpose of this regulation the expression Farm House shall include a “Cattle Shed”.

7.4.7.3 Though no construction other than Farm House and Cow sheds etc should be allowed in this zone, however, uses incidental to agricultural such as plaggary, poultry farming, quarrying, mining, Bee keeping, Godowns time kilns, brick kilns, servicing and repair of farm machinery, cold storage, bus stand, parking, transit visitor camps etc. shall be allowed. In case of any other construction purely incidental to Agricultural use is, if bound to be allowed in this zone. In that case the regulations as applicable to Residential zone under regulation 7.4.1 should be made applicable.

7.4.7.4 Unless otherwise specified under all the above regulations no such planning permission shall be required for village “Abadi Deh” as defined in the Revenue records. Construction in Abadi Deh area shall continue to be covered/governed as per existing village conventions. Change of landuse for development in this zone. Other than a farm house, can be permitted only in exceptional cases.

7.4.7.5 A simple application shall be submitted to the Director for construction of single storey structures for self employment activities e.g. Shop, Atta Chakki, Poultry Farm, Dairy, Godowns for seeds, fertilizers, agricultural equipments/instruments. Service industries and small scale industry promoting agricultural. The application shall contain the following description: -

(i) Name and Father’s name of the applicant along with correspondence and permanent address.

(ii) Description of activity proposed and land.

(iii) A location/site plan describing the exact location of the site (with or without scale).

(iv) Line plan of the proposed construction (Scale 1:100). However, each of such application shall be accompanied with a recommendation of the Pradhan of the area that the proposed activity/construction is not going to cause any nuisance and that there is a proper approach path existing or proposed by the applicant.

7.4.7.6 Note: -

The Nalagarh is an old town and is being governed by the Rules/Regulations/Bye Laws as framed by the Municipal Committee, Nalagarh, Therefore, all its schemes/layouts and permission granted before coming into force of this Development Plan shall have to be honored and need not to be got sanctioned from the Director. However, after coming into force of this Development Plan prior approval of the Director shall be mandatory and binding to all concerned including Municipal Committee, Nalagarh.

 

Development control regulations for other areas (Areas out of purview of Barotiwala IDP, and Nalagarh DP)

This includes areas other than the Barotiwala and Nalagarh planning area. For these areas, the regulations as reproduced below shall apply

 

 

GUIDELINES FOR PERMISSION TO CHANGE LANDUSE OR TO DEVELOP LAND OR TO SUB DIVIDE OF LAND IN AREAS WHERE LANDUSE IS FROZEN AND INTERIM DEVELOPMENT PLAN OR DEVELOPMENT PLAN HAS NOT BEEN PREPARED.

1. Application for permission:-

(1) After the boundaries of the land in question are marked, the applicant shall make an application addressed to the CEO, and such application shall be accompanied by:-

(a) a tatima;

(b) a copy of latest jamabandi indicating ownership of the land accompanied by sale deed, if any;

(c) a copy of location plan, in the scale 1:1000 and four copies of site plan in the scale 1:200 showing access/road services, adjoining and use duly signed by the owner;

(d) a copy of treasury Challan evidencing the deposit of fee; and

(e) Such other documents as the CEO may call for.

II. Coverage, set back and height of buildings etc.- Change of landuse or development of land shall subject to the following conditions:-

1. Coverage- Maximum permissible coverage of residential building in plots of different sizes shall be as under:-

(a) On plots upto 90sqm. 65%

(b) On plots of 91 to 250sqm. 60%

(c) On plots of 251 to 250 sqm. 55% and

(d) On plots above 500sqm. 50%

2. Front set back- Minimum from set back of residential building on main road/path shall be 3 metres and minimum set backs on other sides shall be 2 meters.

 

 

 

 

 

3. Row houses set back- In row houses, where common wall is constructed rear set back shall be 2 meters; and side set backs shall be 2 metres after maintaining set backs with reference to the size of plat when the same lies in between the two roads.

4. Set backs in between two road- No construction shall be permitted on a piece of land left with buildable width less than 5 metres after maintaining set backs with reference to the size of plot when the same lies in between the two roads.

5. Set backs for arterial roads- Front set back of arterial roads with right of way of 24 and 18 metres shall be 7.5 metres and 5 metres respectively. Set back on other roads shall be as given in clause (2).

6. Set backs in case of public utility services- The set backs shall not be applicable to the services like petrol pump, electric sub-stations, road side infrastructures/ facilities such as rain shelter, landscaping, auto-services etc. which are specifically permitted on the acquired width of the road by the Government in the case of the Government land or the local authority of the area in the case where land belongs to a local authority.

7. Parking-(a) Residential buildings- where vehicular path or road exists or is proposed to be constructed, provision for car parking space/garage shall be compulsory. One car parking space/garage shall be provided for each of the storeys either on the ground floor or at any storey where the road connects the building. The owner of the building who does not possess any vehicle can use garage(s) as habitable room(s) and car parking space as a lawn. One garage upto 5.00mts length can be permitted to the plot covering the space left for set back.

(b) Hotel buildings- where vehicular path/ road exists, or is proposed to be constructed provision of car parking/garage shall be compulsory. The parking/garage can be allowed in front set back. The rate of provision of car parking space/garage shall be as under:-

(i) For Hotels within Municipal area Ground floor.

(ii) For Hotels outside Municipal area Ground floor.

(c) The height of garage shall not be more than 2.20 mtrs

(a) The maximum number of storey for Hotel shall not exceed three exceed three excluding parking floor.

8. Height of buildings- Minimum and maximum floor height for residential buildings shall be 2.70 metres and 3.50 metres respectively.

9. Projections- Uncovered balcony projection upto 1 metre shall be allowed over front set back of 3 metres; roof/slab projections and sun shades shall be allowed upto 45 cm over set backs on all sides.

10. Storeys- Maximum number of storeys shall be four including basements and attic. Columns below basement or ground floor shall not be exposed and shall be covered by retaining wall. However, public and semi public, Govt. buildings can be allowed upto five storeys, if feasible as per site conditions and also subject to the conditions that there is sufficient open space available.

11. Drainage- the roadside drain shall be on hillside. However, I plain areas where there are buildings on either side of road, drain may be provided on both sides.

12. Reconstruction of existing buildings- Regulations regarding reconstruction of houses/ building in the existence shall be on predominantly existing building lines; provided minimum width of road as per rules is available and proof projections, sun shades upto 45cm shall be permitted over street or paths, as the case may be.

13. Change of land use for commercial purposes- Change of existing land use for commercial, industrial, public and semi-public, Government and semi-Government offices shall be on existing pattern of development and side conditions.

14. Basic Services- where basic services like paved roads, drainage, water supply, sewerage disposal, electrical supply line, street lighting etc. do not exist, change of landuse, or development of land shall not be permitted unless the applicant undertakes that these services shall be provided at his own cost.

15. Ecology not to be disturbed- (1) Change of landuse or the development of land shall be made in such a manner that natural that natural profile of the land is least disturbed.

(2) Where, it is essential to development a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than one storey ( 3 metres in any case having a provision of diaphragm wall for step housing).

(3) Change in the use of land or the development of land shall be made in the manner so as to achieve maximum air, light and sun where it is needed most.

16. Carving of plots-(1) Orientation of the plots shall be provided in such a manner so as to be in conformity with the integration of existing plots/infrastructure, wind direction, natural flow of surface drainage to allow un-obstructed rain water discharge.

(2) Layout of plots shall be governed by easy access having acceptable grades minimum 1.15 and which may not obstruct view or vista.

(3) For group of plots exceeding 10 in number on one particular access, minimum vehicular access shall be of 5 metres width. However, 3 metres minimum wide pedestrian links can be provided to smaller cluster of plots not exceeding 10 in number.

(4) Minimum area:

Minimum area of a plot with set backs shall be :-

(i) In case of plots with four sides set backs 150 sqm.

(ii) In case of plots with for row housing:

(a) Plots with one common wall 120sqm.

(b) Plots with two common walls 90 sqm

Provided that in exceptional circumstances, for the benefit of economically weaker sections and where the site conditions permit to do so, the Director may fix 60sq.mtrs. The minimum area of plots with two common walls.

(5) One common walls construction shall be allowed in plots upto 250 sqm and two common walls construction in plots upto 120 sqm subject to the condition that maximum number of such plots does not exceed 8 in row, after which a gap of 7 metres shall be left.

17. Registration of sale deed etc.- No registrar of the Sub-Registrar, appointed under the Indian registration Act, 1908 shall in any planning area constituted under Section-13, register any deed or document of transfer of any sub-division of land by way of sale, gift, exchange, lease or mortgage with possession, unless the sub-division of land is duly approved by the Director, and an attested copy of the said approval is enclosed with deed or document, as the case may be."

 

 

 

REGULATIONS FOR DEVELOPMENT OF APARTMENTS IN VARIOUS PLANNING AND SPECIAL AREAS OF HIMACHAL PRADESH (as applicable in BBNDA)

1. SITE SELECTION

The site shall have to be selected by the builders in accordance with the provisions of Development Plan in the residential use. In case the Development Plan has not been approved, the site may be selected in such area which is going to be proposed for residential use and the same is not having non-conforming uses in its vicinity.

2. CHECK LIST

A check list as per Annexure-I showing regulatory provisions and fulfillment thereof shall have to be submitted along with the proposal for apartments with population upto 1000 persons. In case of population more than 1000 persons further details shall have to be furnished in accordance with the provisions for speedy disposal.

3. SIZE AND SHAPE OF SCHEME AREA

The cases for permission of apartments shall be considered in the form of complexes and not on ribbon development pattern along Highways/Major Roads. The minimum area for a scheme for development of apartments shall be 1000 Sqm. In general, overall length and width ratio of the site shall be up to 3:1.

4. Slope

Apartments shall be allowed upto 30 º slopes.

5. Landuse structure of apartment complex: -

Landuse

% age to total Area

Area under apartments

30-35 %

Commercial

2-5 %

Public/ Semi Public

5-10 %

Traffic and transportation

20-30%

Parks & Open Spaces

10-15 %

Area under set backs, pavements,

plantation and landscaping

15-25 %

Under commercial use, convenience shops @ of one shop per 150 persons shall have to be provided. These will include service shops like vegetable, shoe repair, dry cleaning, tailor, barber, general merchandise etc. The purpose of these shops should clearly be mentioned in the plan and should be accordingly allotted after completion. In case public and semi-public amenities like schools, health etc. are available in the vicinity and the same are adequate to cater for the requirements of inhabitants, detail thereof shall have to be given in the check list. However, provision of toilets and urinals @ two toilets, one each for ladies and gents, per 1000 persons and Kindergarten/toilets etc. shall have to be made in every scheme.

6. Means of Access:

6.1 The minimum access for an area of apartments or colony with a population of more than 1000 persons shall not be less than 9.00m.

6.2 For the colonies having maximum population of 1000 persons, the minimum accesses shall be 7.50 metre.

6.3 Width and length of means of internal access for colonies of more than 1000 persons shall be as under:-

6.3.1 For belt along the plains

Width (in metre)

Length (in metre, upto)

7.50

250.00

9.00

400.00

12.00

1000.00

18.00

Above 1000

 

6.3.2 For hilly areas

Width (in metre)

Length (in metre, upto)

7.50

400.00

9.00

1000.00

12.00

Above 1000.00

6.4 If the development is only on one side of the means of access, the prescribed widths may be reduced by 1.0 metre in each case.

6.5 Walkways of more than 1.20 meter width shall have to be provided on both sides of the main internal roads having width 9.00 meter and above. The width of roads as specified above shall be including the walkways.

6.6 The cul-de-sac streets extending from 150 to 275 meter in length shall have an additional turning space of not less than 81.00 sqm with dimension not less than 9.00 meter at an interval of 150.00 meter length.

7. Parking Provision:

Parking provision shall be @ one vehicle i.e. 18.00 Sqm. area per 100 Sqm. floor area. Maximum height of parking floor shall be 3.00 meter including the depth of beam below the ceiling of the slab.

8. Number of Storeys:

In the outer belt along the plains including Paonta Valley, Parwanoo-Barotiwala-Nalagarh region, Una-Bilaspur and Hamirpur districts, Sarkaghat-Dharampur area of Mandi District, Southern Kangra district and Nurpur-Jassur area, 5 storeys and one parking floor shall be allowable. In hilly Areas, unless specifically provided, 4 storeys, a parking floor and a sloping roof on top shall be permissible, subject to fulfillment of other regulations. The Planning/ Special Area wise lists pertaining to number of storeys are enclosed herewith at Annexure-II.

9. Floor Area Ratio (F.A.R.)

Maximum permissible F.A.R. shall be 1.75. However the maximum F.A.R. with respect to apartments shall be 1.50. The rest 0.25 F.A.R. shall however be meant for public, semi-public and commercial purposes in view of the requirements of locality as well as surrounding areas.

10. Floor height:

The floor height of apartments may vary from 2.70m to 3.50 meter. However, the overall height of the building shall not exceed 20.00 meter along the plains and 18.00 meter including sloping roof in hilly areas. Maximum height of sloping roof shall be in accordance with the volume of structure and the same shall not be less than 30º slope of the roof.

11. Set backs:

Block to Block distance shall be 2/3rd of average height of the blocks. Distance of apartments from the adjoining properties and side setbacks shall not be less than 1/3rd of the height of the blocks. However, in the interest of better layout, skyline and functionality arrangement of blocks ensuring proper light, air, ventilation and wind direction may be ascertained within prescribed F.A.R. Minimum 3.00 meter distance from internal roads shall have to be maintained.

12. Expansion Joints

The structures exceeding 45.00 meter in length shall be divided by one or more expansion joints as per design calculation.

13. Structural Stability:

The structural stability provisions have to be strictly adhered as enshrined in Section 30-A of the H.P. Town & Country Planning Act, 1977. Monitoring of the same shall have to be ensured by the HIMUDA at each floor level and completion certificate in this regard shall be furnished by it to the Town and Country Planning Department.

14. Environment and Health

14.1 Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each flat during winters. Kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening on to front, side, rear and interior open spaces, these shall open on to the ventilation shaft, the size of which shall be as per clause 8.2.5 (b) of part-III of National Building Code of India.

14.2 In view of notification No. S.O. 801 (E) dated 7.7.2004 of Ministry of Environment and Forest, Government of India and accordingly further directions of the State Government circulated vide letter No. STE-A (3)-11/2003 dated 28.3.2005, in case of population more than 1000 persons, or discharging sewage more than 50 KLD or above, or with an investment of Rs. 50 crores or above, the developer has to ensure, environmental clearance from the Government of India besides consent of the State Environment Protection and Pollution Control Board under Water Act, 1974 and Air Act, 1981.

15. Safety Measures:

15.1 In case of buildings of above 15.00 meter of height No Objection Certificate from the Director of Fire Services or Chief Officer, as the case may be, shall be required.

15.2 The provision of stair cases shall be as per clause 8.6.2 of Part-IV of National Building Code of India i.e. a minimum of 2 stair cases for floor area of more than 500 Sqm. At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 meter i.e. 1.50 meters in one flight.

15.3 Upto 4 storeys and 1 parking floor lift shall be optional. However, for more than 4 storeys and one parking floor, it shall be mandatory requirement. The developer has to make provision of powers back up for the lift and general lighting within and outside the building at his own cost.

16. Potable Water Supply and Rain Water Harvesting:

No objection certificate from the IPH Department regarding availability of adequate water supply and viability of design of rain water harvesting shall have to be furnished. Adequate provision for rain water harvesting @ 20 liters per Sqm of the roof top area shall have to be made underground in the parks and open spaces and same shall be used for the purposes other than drinking and cooking.

17. Parks and open spaces:

Area under parks and tot lots shall have to be properly organized in regular shape, amidst the blocks. Proper landscaping of the apartment area in accordance with the design shall be ensured by the builder.

18. Existing trees and plantation:

18.1 No construction shall be allowable within a radius of 5.00 meter from the circumference of an existing tree.

18.2 The builder shall ensure plantation of trees at least equivalent to the anticipated population of the area and same shall have to be monitored by the HIMUDA. Local varieties of trees with exotic impact and attraction shall have to be planted.

19. Distance from Natural Drainage

Distance from highest flood level along rivers, ‘Khads’ and ‘nallahs’ shall be as under: -

River = 25.00 m

Khad = 10.00 m

Nallah = 5.00 m

20. Distance from Roads

Distance of structures from roads shall have to be adhered as under: -

* National/ State Highways/PWD

Scheduled roads and bye-passes = 15 meter

* Other District Roads = 10 meter

21. Distance from Electric Lines:

Adequate distance from the electric lines as per the requirements of H.P. S.E.B. Rules shall have to be maintained. N.O.C. of the competent authority shall also be required if HT/LT line is crossing through the scheme.

22. Assessment of Power Requirement.

In case power assessment exceeds 5o KW, proper space for installation of transformer is required to be provided in the layout plan and provision has to be made for coming 11 KV line. The proposed space is to be got verified from the concerned A.E.E. of the H.P.S.E.B. and accordingly N.O.C. alongwith verification of provision in the layout plan shall have to be furnished.

23. Reservation for Economic Weaker Section

In case the total area of the scheme is 40 bighas or more, the promoter shall reserve at least 5 % of no. of residential plots or apartments for Economic Weaker Sections, as per the provision of sub-section (8) of Section (5) of the H.P. Apartment and Property Regulation Act, 2005 ( Act No. 21 of 2005).

24. Development of Infrastructure and its Maintenance:

The builder/Developer shall construct roads, drains, lay electricity lines, sewerage and make provision for disposal of solid waste etc. Suitable site has to be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct on sides of the road and the same have to be ascertained by the HIMUDA during the course of development at site. The developer has to provide street light poles each at a distance of 30.00m on both sides of the roads. The provision of Community Overhead water reservoir has to be made in the scheme. The infrastructural services shall be maintained till such time that a society is formed and got registered by the residents of the scheme or Municipality/ Nagar Panchayat or Panchayat undertakes the maintenance pursuits of the area.

25. Control on registration of apartments and release of service connections.

The Sub-Registrar shall not register sale deed of a flat which has been constructed in violation of an approved plan. Similarly, the H.P.S.E.B. as well as I & PH Department shall not release any service connection without obtaining N.O.C. of the competent Authority under the H.P. Town and Country Planning Act, 1977, provision of Section 83-A.

26. Supervision

The licensed Architect from the Indian Institute of Architects and Structural Engineer, graduate in civil engineering with 3 years experience in structural engineering shall be competent for supervision of development of land upto one hectare. For above one hectare land, the Town Planner shall be competent, as per provision of Annexure-A of part II of National Building Code of India.

27 Integration

Power integration of the apartment area shall have to be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

28. Project of Local Heritage

As far as possible local heritage imperatives shall have to be incorporated in the designs in terms of facades, sloping roof, windows, doors etc. Part provisions pertaining to sloping roof in apartments along the plains and sloping roof in hilly areas shall have to be ensured.

29. The Apartments regulations shall be read in view of regulations in force under the Development Plans/ Interim Development Plans and Rules 10-A and 10-B and the same shall not be allowable in green, heritage, core and restricted areas as notified in the Development Plans.

30. In case of any clarification with reference to any provision or if there is no any specific provision, the provisions as envisaged in Urban Development Plan Formulation and Implementation Guidelines (UDPFI) of Government of India or National Building Code of India shall have to be adhered to.

 

 

*Reference to Director TCP above if any shall mean CEO BBNDA as far as BBN area is concerned as CEO BBNDA exercises the powers of Director TCP for BBN area.

 

Broad procedure for getting planning permission in BBNDA office:

1. Applicant shall have to apply for various cases in person or through dak on the prescribed format along with the documents as specified in the check lists below:

· Check list for planning permission cases pertaining to industry, residential & commercial.

1. Prescribed application form.

2. Tatima, Jamabandi (not more than 6 months old)

3. Location plan showing all existing users up to 200 meters radius around the site.

4. Site plan showing plot boundary in yellow color-built up area in red color,

Road/access, any electricity line rain water harvesting tank, septic tanks, set

Backs and adjoining properties.

5. Elevation, plans& sections of the proposed building.

6. The maps shall be in duplicate and duly signed by the applicant as well as

registered Architect/Engineer.

7. Structural Stability Certificate duly signed by Engineer.

8. Certificate from HPPWD where the plot abuts National Highway, State Highway, or other PWD road.

9. Copy of permission under section 118, if applicable.

10. N.O.C. of H.P. Pollution Control Board, in case of industry.

11. Fee to be deposited after it is conveyed in writing by the TCP Branch

(Including affidavit for widening of road of any.)

12. Any other requirement, for complete examination & processing of the case

shall be conveyed in writing.

13. NOC of HPSEB if any H.T. or LT. line is passing through the plot & over a

Structure.

14. Permission of the competent authority in case trees are to be felled.
.

 

· Check list for sub-division of land cases:

1. Prescribed application form.

2. Tatima, Jamabandi (not more than 6 months old)

3. Location plan indicating the land in question, main approach

Roads/paths, important physical features of location or area.

4. Site plan showing proposed plot, access to each plot, drains, electricity

Lines, parks, open spaces, facilities& services. Proper color scheme showing

over all plot boundary in yellow & proposed built up area in red. Signature of

architect/engineer & applicant.

5. Maps as above to be submitted in triplicate.

6. Fee to be deposited after it is conveyed in writing by the TCP branch.

7. Any other requirement including affidavit for surrender of lands under roads

green area etc. shall be conveyed in writing for complete examination &

processing of the case.

 

Check list for N.O.C. for electricity/water connection for existing/old houses.

 

1. Simple application.

2. Tatima, Jamabandi (not more than 6 months old)

3. Location plan showing details of important features and properties around the site.

4. No fee to be deposited for such cases.

5. Site inspection shall have to be undertaken by the office where required.

Check list for NOC cases under section 118 of H.P. Land Reform & Tenancy Act, 1972( to be dealt as per the Interim development regulations)

 

1. Simple application.

2. Tatima, Jamabandi(not more than 6 months old)

3. Location plan showing details of all users up to 200 meters around the site file.

4. No fee to be deposited for such cases.

5. Site inspection shall have to be undertaken by the office required.

 

2. Dealing assistant shall do the preliminary scrutiny of the case as per the submitted checklist to ensure that all the relevant documents are enclosed.

3. Normal time taken to do the scrutiny of the fresh case in BBNDA office has been fixed as 15 working days (20 working days in case of Case under apartment act).

4. Applicants are advised not to make unnecessary enquires about the progress of their cases during this period.

5. A communication regarding any observation, additional documents required or the fee to be deposited shall be received by the applicant with in 20 working days. In case of failure to receive any communication, applicant is at liberty to enquire about further progress of their case.

6. On attending all the observations so conveyed, provision of additional documents, required fee as conveyed, the case shall be dealt with in 10 working days of the submission of case completed in all respects.

 
Fee Structure

Fee applicable for various processes in the office of BBNDA

 

(a) For development of land other than erection of a building or part thereof.

Sr.

No.

Component

Inside M.C. rates in Rs. Per sqm. of plot Area

Outside M.C. rates in Rs. Per Sqm. of plot area.

1.

Development of land

5

2

(b) For building operation

1. Residential Use: -

Sr. No.

Component

Rates in Rs. Per Sqm. Floor Space

Municipal Area

Outside Municipal Area

1.

Economic Weaker Section upto 120 Sqm. Row or semi-detached plot.

6

3

2.

Low Income Croup 120 to 150 Sqm. Semi-detached plot.

12

5

3.

Medium Income Group 150 to 250 Sqm. plot

20

10

4.

High Income Group more than 150 Sqm. plot

30

15

2. Commercial Use

Sr. No.

Commercial Floor Spaces including corridor

Rates in Rs. Per Sqm. Floor Space

Municipal Area

Outside Municipal Area

1.

Upto 10 Sqm.

15

10

2.

11 to 20 Sqm.

20

15

3.

21 to 40 Sqm.

30

20

4.

41 to 80 Sqm

40

30

5.

More than 80 Sqm.

60

40

3. Tourism Use:

Sr. No.

Floor Space Sqm.

Rates in Rs. Per Sqm. Floor Space

Municipal Area

Outside Municipal Area

1.

Upto 200

15

10

2.

201 to 400

20

15

3.

401 to 800

25

20

4.

More than 800

30

25

4. Private Institutions. Clinics and Hospitals.

Sr. No.

Floor Space Sqm.

Rates in Rs. Per Sqm. Floor Space

Municipal Area

Outside Municipal Area

1.

Upto 200 Sqm

20

15

2.

201 –400

30

20

3.

401-750

40

30

4.

Above 750

50

40

5. Industrial use: -

Rates in Rs. Per Sqm. of Plot Area

High Potential Zone

Medium Potential Zone

Low Potential Zone

Sirmour and Solan District

Una and Kangra District

Bilaspur, Mandi, Hamirpur, Chamba, Shimla, Kullu, Kinnaur and Lahaul & Spiti District.

20/-

15/-

10/-

(c) For change of existing building use: -

Sr. No.

Landuse

Floor Area

Rates in Rs. Per Sqm. of Floor Space

Municipal Area

Outside Municipal Area

1.

Residential

Upto 40 Sqm.

20

10

41-80 Sqm.

25

12

Above 80 Sqm.

40

20

2.

Commercial

Upto 40 Sqm.

100

75

41-80 Sqm.

150

100

Above 80 Sqm.

200

150

3.

Private Institutions

Upto 100 Sqm.

40

30

101 to 200 Sqm.

50

40

201-400 Sqm.

60

50

401-800 Sqm.

75

60

Above 800

100

75

High Potential Zone

Medium Potential Zone

Low Potential Zone

4.

Industrial

Upto 100 Sqm.

50

40

30

101-200 Sqm.

75

50

40

201 to 500 Sqm.

100

75

50

(d) For change of landuse from the original use of side.

Sr. No.

Landuse

Plot Area

Rates in Rs. Per Sqm. of Plot Area

Municipal Area

Outside Municipal Area

1.

Residential

150-250 Sqm.

10

05

Above 250 Sqm.

15

10

2.

Commercial

Upto 200 Sqm.

100

75

Above 200 Sqm.

200

150

3.

Private Institutions

Upto 1000 Sqm.

30

20

Above 1000 Sqm.

50

35

High Potential Zone

Medium Potential Zone

Low Potential Zone

4.

Industrial

Upto 1000 Sqm.

20

15

10

1001-5000 Sqm.

30

25

20

Above 5000

Sqm.

40

30

25

( e) For change of land use from prescribed landuse in Development Plan/Interim Development Plan.

In case change of landuse in a prescribed landuse in the Development Plan is involved then the rates for change against the predominant use will be subject to double the rates as prescribed under para (d) above for change from the original use of the site.

(g) For Revalidation Sanction

Sr. No.

Landuse

Rates in Ra. Per Sqm. of floor space.

1.

Residential

15/-

2.

Commercial

25/-

3.

Tourism

25/-

4.

Pubic & Semi-Public Commercial Amenities

25/-

5.

Industrial

20/-

Note: - “These charges will be increased by 5 % after a block of 5 years”.

 

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