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Planning Permission is the permission to be obtained under the Town and Country Planning Act 1971 before carrying out any development in the land/ building in both plan and non- plan areas. The Planning Permission is issued by the Town and Country Planning Department and it is different from the building license.
For Any kind of Construction, for Residential, Commercial, Industrial and Institutional and formation of layouts require planning approval either from DTCP or form CMDA. Thus planning permission is a prerequisite for any development to be carried out in any land or building in Tamil Nadu.
DTCP is the ellipsis of Directorate of Town & Country Planning endorsed by the Government of Tamil Nadu under Town and Country Planning Act 1971. Any kind of construction, for Residential, Commercial, Industrial and Institutional and formation of layouts in Tamil Nadu (except Chennai) requires planning permission from the Directorate of Town and Country Planning Department (DTCP). DTCP has 12 Regional offices, 27 Local Planning Authority, and 8 New Town Development Authorities across Tamil Nadu for issuing of Planning Permission. The department has its jurisdiction over the entire Tamil Nadu except Chennai.
CMDA is the ellipsis of Chennai Metropolitan Development Authority and it was constituted as an ad-hoc body in 1972 and become statutory body in 1974 vide the Tamil Nadu Town and Country Planning Act 1971. Any kind of construction, for Residential, Commercial, Industrial and Institutional and formation of layouts in Chennai has to acquire planning permission from Chennai Metropolitan Development Authority (CMDA).
No. Approval of layouts is issued only by the Town and Country Planning Department. Therefore, buyer should insist on approval by DTCP.
Plan areas are those areas in Tamil Nadu other than CMDA areas, wherein the Department of Town and Country Planning has prepared Master Plan which are duly approved by the Tamil Nadu Government.
Non-Plan areas are those areas other than plan areas within the jurisdiction of DTCP, which do not have an approved master plan.
Under Sec.47 (A) of the Town and Country Planning Act 1971, Planning permission is required in both plan and non-plan areas.
The banks would not sanction loan for construction. The building that you would construct will be an un-approved building and it may be at any time be locked and sealed/ demolished by this department.
The Planning Permission is valid for 3 years and it can be renewed for another period of 3 years on the application before one month of the expiry of the first permission.
A local planning authority (LPA) is the local authority responsible for the enforcement of Town and Country Planning Act 1971. In Tamil Nadu there are about twenty seven local planning authorities for issuing planning permission. The functions of the Local Planning Authorities are to regulate the physical development of the town according to the land uses envisaged in the Master Plan and Detailed Development Plan. Local Planning Authorities formulate new schemes based on the Master Plans.
The following are the steps to be taken to obtain planning approval for layout of land.
The following are the steps to be taken to obtain planning approval for layout of land.
1. | Is Form'B' duly filled in and signed by the owner and Licensed Surveyor enclosed. | |||
2. | a) | Is the Proposed activity in conformity with land use | ||
b) | If no, is any notification, reclassifying the site under reference enclosed? | |||
3. | Have documents (Sale deed/Leave deed etc.) in support to the property attested in each page by notary public | |||
4. | a) | Is the applicant the Owner | ||
b) | If no- What authority has the applicant got from the owner(s) including those to whom part of the development would have been sold already? (Specify the nature of the applicant's authority and the document to prove the same? | |||
c) | In the case of power of Attorney-Is the Power of Attorney document registered? (Please ensure that name, father's name age and full address of executants are given and that all particulars including details of land tally with land ownership document) | |||
5. | a) | Is the plot developed by a Government agency like TNHB,TNSCB, and SIDCO? | ||
b) | If yes-Is allotment |
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c) | Is sale deed executed in favour of the applicant? | |||
d) | If answer to is |
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6. | a) | Has the site been in existence as an independent sub-division prior to 5.8.75/approved sub division/approved layout | ||
b) | If yes, is documentary evidence furnished? | |||
c) | If answer to (a) is 'no'-do you want regularization of this | |||
unauthorized |
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7. | a) | Have 7 sets of plans signed by Architect and or Engineer been filed? (Additional sets to be filed after the decision is taken on the application) | ||
b) | Have detailed plans, elevation, section for all the building and site plan been included in each set? | |||
c) | Have surrounding details to a radius of 100 m. been furnished in the TOPO/Key Plan | |||
d) | Have the existing development/proposed developments and demolition been properly and suitably distinguished (by colour notation) | |||
e) | Have the parking arrangements been properly shown with drive way as per DCR? | |||
f) | Have the rain water harvesting details shown in plan | |||
g) | Have the ancillary solar assisted solar heating system incorporated for Nursing Home/Hospital/Hotels and Lodges Kalayanamandapam exceeding 500 sq.m. in floor area | |||
8. | a) | Does the Applicant propose additions/alterations/changes of roof to existing structures? | ||
b) | If |
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c) | If answer to (b) is 'Yes'- Is the building constructed as per sanctioned plan? | |||
d) | If answer to (b) is 'No' are fresh plans as per site condition enclosed? | |||
e) | If answer to (b) is 'No' is any evidence to prove the existence of the building (s) prior to 5.8.75 enclosed? | |||
Specify the nature of evidence (Tax Receipt, Tax Assessment extract, EB Service connection, sale deed etc.) | ||||
9. | a) | Is any existing building to be retained? | ||
b) | If yes are detailed plans, elevation and section enclosed | |||
c) | If answer to (a) 'No' is demolition plan approved by Local Body is enclosed | |||
d) | If answer to (a) is 'No' is demolition plan and deed enclosed? | |||
e) | Is actual road width in front of the plot at each corner marked clearly in the site plan? | |||
10. | a) | Does the site extent exceed 10,000 sq.mt.? | ||
b) | If 'yes' is the 10% OSR are marked in the site plan? | |||
c) | If the answer to 9a) is 'No' does the site extent exceed 3000 sq.mt.? | |||
d) | If the answer to is 'Yes' is 10% OSR area marked in the plan? | |||
e) | If the answer to (d) is 'No' are you willing to pay equivalent present Guide line value of land? | |||
11. | Is FSI and coverage calculation sheet enclosed? | |||
12. | Is Applicant's undertaking in the prescribed format enclosed? | |||
13. | Is Architect's/Engineer's/Licensed Surveyor's undertaking in the prescribed form at enclosed? | |||
14. | Is Architect's/Engineer's/Licensed Surveyor's Certificate for road width enclosed? | |||
15. | a) | Does the proposal fall under special building category | ||
b) | If answer to (a) is 'Yes'-is display format enclosed? | |||
16. | a) | Does the site lie in an unsewered area? | ||
b) | If yes, are septic tank details and sullage water disposal report enclosed? | |||
c) | Does the water tank proposed have sufficient capacity? Specify the capacity …M 3 | |||
17. | a) | If the site under reference a reconstituted plot? | ||
b) | If yes-is a reconstitution deed enclosed? | |||
18. | a) | Is the proposed construction commenced? | ||
b) | If yes-is it in conformity with DR? | |||
c) | If the answer to (a) is 'yes' is a declaration is enclosed agreeing for forfeiture of Security Deposit and Development Charge? | |||
d) | If the answer (a) is 'no' is declaration to the effect that the construction will not commenced without a planning permit and building license? | |||
19. | a) | Are the plot measurements clearly mentioned in the plan showing the details of document/FM sketch/site condition? | ||
b) | If no, is FMB sketch/PLR extract enclosed? | |||
c) | In case of variation in dimensions between documents PLR and FMB sketch, is a reconciliation statement with attested copies of relevant documents enclosed? | |||
20. | a) | Are the true copies of documents submitted duly attested by the officials of issuing department? | ||
b) | If no are originals enclosed along with Xerox copies? | |||
c) | Details of originals enclosed? | |||
21. | Has the Enforcement Cell of CMDA issued a stop work notice/demolition notice in respect of any building or structure covered by the applicant? If so, Ref. |
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22. | a) | Total floor are (existing + proposed) |
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b) | If the total floor area is in excess of 300 sq.m. is presumptive scrutiny fee paid (at the rate of Rs.1.50 per sq.mt.) | |||
(This is payable each time a plan or a revised plan is submitted) | ||||
23. | Name and Permanent address of person liable under section 56 of T&CP Act |
1. | Is Form 'B' duly filled in and signed by the owner, Registered Architect or Class I Licence Surveyor, Structural Engineer enclosed? | |
2. | a) | Have 5 sets of plans been filed duly signed by Class I Structural Engineer and Registered Architect |
b) | have detailed plan, elevation sectional details and site dimensions have included in each set | |
c) | Have surrounding details to a radius of 100 m been furnished in the plans? | |
d) | Have the existing developments / proposed developments and demolitions been properly and equitably distinguished? | |
e) | Have the parking arrangements been properly detailed? | |
3. | Have documents (Sale deed / Lease deed etc.,) in support of title to the property been filed? | |
4. | In case the site was in existence prior to 05.08.1975 is documentary evidence furnished? | |
5. | Is NO OBJECTION CERTIFICATE (if the plot has been allotted by the Tamilnadu Housing Board / Tamilnadu Slum Clearance Board /Tamilnadu Small Industries Development Corporation) enclosed? (DoeS not apply if sale deed in favour of the applicant has been executed by the above agencies) | |
6. | a) | Is a copy of plan of the existing developments if any approved earlier, enclosed to prove their validity? |
7. | Is the copy of registered reconstitution deed (if two plots / site are reconstituted to one) enclosed? | |
8. | In the case of Tamilnadu Housing Board, Co-operative Society plots whether original allotment order Lease cum sale agreement enclosed (If sale deed is not executed) | |
9. | Has NOC from DF & RS been enclosed? | |
10. | Has NOC 'from CMWSSB been enclosed? | |
a) | For non sewered area | |
b) | If the proposal contains swimming pool? | |
11. | Has NOC from Civil Aviation Department and IAF been enclosed? (If total height of the building is more than 30 m) | |
12. | Has the site been reclassified? If so whether Gazette copy in which the reclassification has been done enclosed? | |
13. | Whether Stop Work Notice / Demolition Notice by Enforcement Cell Division of CMDA given. If so the No. and date of the same to be given. |
1. | Is Form B duly filled in and signed by the owner and Licensed Surveyor enclosed? | |
2. | a) | Have 7 sets of plans been filed? |
b) | Have detailed plan, elevation sectional details and site dimensions been included in each sets? | |
c) | Have surrounding details to a radius of 100m been furnished in the Plans? | |
d) | Have the existing developments/proposed developments and demolitions been properly/and suitably distinguished? | |
e) | Have the parking arrangement been properly detailed? | |
f) | In case of cinema theatres Assembly Halls | |
i) Have the sanitary facilities been properly detailed? | ||
ii) Have the seating arrangements been properly detailed? | ||
3. | Have documents (sale deed/lease deed etc.) in support of title to the Property been filed | |
4. | In case the site was in existence prior to 5-8-75, is documentary evidence furnished? | |
5. | Is No objection certificate if the plot has been allotted by the Tamilnadu Housing Board/Tamilnadu Slum Clearance Board/Tamilnadu Small Industries Development Corporation enclosed? (Does not apply if sale deed in favour of the applicant has been executed by the above agencies) | |
6. | a) | Is a copy of the plan of the existing developments if any approved earlier, enclosed to prove their validity? |
b) | Is any proof for the existence of the developments within the site for more than 15 years furnished? | |
7. | Have the Affidavit and Indemnity bond, where applicable duly filed? | |
8. | Is the of the registered reconstitution deed (if two plots/sites are reconstituted to one) enclosed? | |
9. | Public building means a building used or intended to be used either Yes / No ordinarily or occasionally for Public Worship, Choultry, College, Secondary School, Library, Theatre, Cinema, Public concert room, Public hall, Kalyana Mandapam, Hospital, Nursing home, Hotel, Lodging, Lecture room or any other piece of public assembly. |
1. | Is Form B duly filled in and signed by the owner and Licensed Surveyor enclosed? | |
2. | a) | Have 7 sets of plans been filed? |
b) | Have detailed plan, elevation sectional details and site dimensions been included in each sets? | |
c) | Have surrounding details to a radius of 10 cm been furnished in the Plans? | |
d) | Have the existing developments/proposed developments and demolitions been properly/and suitably distinguished? | |
e) | Have the parking arrangement been properly detailed? | |
f) | Have the layout of installation of electric machinery been properly detailed? | |
3. | Have documents (sale deed/lease deed etc.) in support of title to the Property been filed | |
4. | In case the site was in existence prior to 5-8-75, is documentary evidence furnished? | |
5. | Is No objection certificate if the plot has been allotted by the Tamilnadu Housing Board/Tamilnadu Slum Clearance Board/Tamilnadu Small Industries Development Corporation enclosed? (Does not apply if sale deed in favour of the applicant has been executed by the above agencies) | |
6. | Is the project report detailing the raw materials used, manufacturing process the Product, the effluent discharge methods and the number of industrial workers enclosed? | |
7. | a) | Is a copy of the plan of the existing developments if any approved earlier, enclosed to prove their validity? |
b) | Is any proof for the existence of the developments within the site for more than 15 years furnished? | |
8. | Have the Affidavit and Indemnity bond, where applicable duly filed? | |
9. | Is the of the registered reconstitution deed (if two plots/sites are reconstituted to one) enclosed?. | |
10. | Is 'No objection certificate' from Pollution Control Board (in case of Yes / No hazardous industries) enclosed? |