KERALA TOWN AND COUNTRY PLANNING ACT, 2016

P R E S E N T E D B Y :

T U L I K A 2 1 5 0 3 0 0 0 2 9

R E G I O N A L E N V I R O N M E N TA L

P L A N N I N G S T U D I O

School of Planning and Architecture, Vijayawada

AUGUST, 2016

The Kerala Town and Country Planning Act, 2016

Source: The Kerala Town and Country Planning Act Notification dated 17th March, 2016

• The promotion of planned development

• Regulation of growth of urban and rural

areas

• Focus on scientific spatial planning

• Secure their present and future inhabitants

• Sanitary conditions

• Amenity and convenience

KERALA

TOWN &

COUNTRY

PLANNING ACT,

2016

P R E S E N T E D B Y : T U L I K A

2 1 5 0 3 0 0 0 2 9

ACT 9 OF 2016

THE KERALA TOWN AND COUNTRY PLANNING ACT, 2016

AN

ACT

to provide for the promotion of planned development and regulation of

growth of urban and rural areas in the State with focus on scientific spatial

planning and to secure to their present and future inhabitants, sanitary

conditions, amenity and convenience and for other matters connected

therewith or incidental thereto.

PR

EA

MBLE

BOARD

CHAIRPERSON VICE-CHAIRPERSON(S) 31 OTHER MEMBERS

POWERS AND FUNCTIONS OF THE BOARD

advise the Government on policy formulation for spatial planning

guide and advise the DPC and MPC

co-ordinate, monitor and evaluate the spatial planning

prepare or get prepared the Perspective Plan for the State

prepare or get prepared plans for any area within the State falling in more than one district

evaluate and review the operations made by various Local Self Government Institutions

advise the Government on:

(i) resolving issues, pertaining to inter-district spatial planning and infrastructure

development

(ii) identification of probable location of major investment inputs which are likely to have

substantial impact on the development scenario of the State

BOARD MEMBERS

KERALA

TOWN &

COUNTRY

PLANNING ACT,

2016 P r e s e n t a t i o n S t r u c t u r e

STATE TOWN AND COUNTRY

PLANNING BOARD AND THE

PERSPECTIVE PLAN FOR THE STATE

DISTRICT PLANNING COMMITTEE

AND PLANS FOR THE DISTRICT

METROPOLITAN PLANNING

COMMITTEE AND PLANS FOR THE

METROPOLITAN AREA

PLANS FOR LOCAL PLANNING

AREAS

JOINT PLANNING COMMITTEE AND

PLANS FOR JOINT PLANNING AREA

DETAILED TOWN PLANNING

SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND

MATTERS THAT MAY BE DEALT WITH IN THE PERSPECTIVE PLAN

PROCEDURE FOR PREPARATION, PUBLICATION AND SANCTIONING OF


BOARD WILL GET THE PLAN PREPARED FROM

LOCAL SELF GOVT.

PHASING OF IMPLEMENTATION OF PERSPECTIVE PLAN IN

PERIODS OF FIVE YEARS

DRAFT FOR STATE PUBLISHED ON WEBSITE

AND NOTICE OF PUBLICATION

SANCTIONING WITHIN SIXTY DAYS AND

NOTIFICATION IN ATLEAST ONE NEWSPAPER

physical and natural resource potentials and their utilisation

urbanisation, population assignment, settlement pattern of urban centres and rural centres

national and state level transportation network

infrastructure development

generalised land utilisation

natural hazard prone areas

protection of environmentally and ecologically sensitive areas

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND

DISTRICT PLANNING COMMITTEE AND PLANS FOR THE DISTRICT

POWERS AND FUNCTIONS OF THE DISTRICT PLANNING COMMITEE

formulate development goals, objectives, policies

development and use of rural and urban land

Plan preparation for the by Local Self Government Institutions in the district

prepare or get prepared the Perspective Plan for the district

monitor continuously and evaluate the physical achievements of the investments made by the various

Local Self Government Institutions

co-ordinate planning and development activities among the Government departments

formulate policies and identify projects for integrated development of district level infrastructure

and facilitate their implementation through public, private or joint sector participation

resolve conflicts, if any, on the following:

*issues regarding development of peripheral areas of urban centres

*sharing of physical and natural resources among various Local Self Government

*overlapping functions of various agencies

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND

DISTRICT LEVEL OFFICER

DPC SPATIAL PLANNING

DT&CP

DISTRICT OFFICE

Technical

Assistance

Headed By

DPC constituted by the Government under

section 53 of the Kerala Municipality Act, 1994

DEVELOPMENT

PLAN

Long Term Perspective Plan

20 YEARS

Five Year Execution Plans

5 YEARS

MATTERS THAT MAY BE DEALT WITH IN THE PERSPECTIVE PLAN FOR THE

DISTRICT

physical and natural resource potentials and their utilisation;


Districtlevel transportation network

Integrated infrastructure development


mobilization of fiscal resources for Plan implementation


MATTERS THAT MAY BE DEALT WITH IN THE EXECUTION PLAN FOR THE

DISTRICT

development issues;

strategies for the integrated development

sectoral development policies, strategies and proposals

phasing of district development plan into five annual plans by sectoral programmes, projects and

schemes indicating physical targets and fiscal requirements;

financial resource planning

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND


PERSPECTIVE PLAN FOR THE DISTRICT

DPC WILL GET PREPARED THE PLAN WITHIN TWO

YEARS FROM THE DATE OF DECISION

SIXTY DAYS TIME LIMIT FOR RECEIVING

SUGGESTIONS AND OBJECTIONS

THE GOVT. INSURING THAT THE PP IS IN

FRAMEWORK MODIFICATIONS TO BE SUBMITTED WITIHIN 60

DAYS

SANCTIONING BY GOVT.. DPC TO FWD THE COPIES

TO LOCAL SELF GOVT. INSTI. IN DISTRICT


EXECUTION PLAN FOR THE DISTRICT

NOT LATER THAN SIX MONTHS FROM THE DATE

OF SANCTION OF THE PERSPECTIVE PLAN, DPC TO PREPARE EP FOR 1ST FIVE YR AND FWD TO GOVT FOR SANCTION

THE GOVT. ENSURING THAT THE EP IS IN

FRAMEWORK WITHIN 60 DAYS

MODIFICATIONS TO BE SUBMITTED WITIHIN 60

DAYS

SANCTIONING BY GOVT.. DPC TO FWD THE COPIES

TO LOCAL SELF GOVT. INSTI. IN DISTRICT

EXPIRY IN 4 YEARS FROM THE DAY OF APPROVAL, DPC TO REVIEW AND PREPARE FRESH EP FOR

CONSECUTIVE FIVE YEARS

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND

POWERS AND FUNCTIONS OF THE METROPOLITAN AREA PLANNING

COMMITEE

formulate development goals, objectives, policies

development and use of rural and urban land in the MA

prepare or get prepared plans for the MA, in consultation with the Local Self Government

Institutions in the MA

prepare or get prepared the Perspective Plan for the MA

execution plans, taking into account the perspective plan

monitor continuously and evaluate the physical achievements of the investments made by the various

Local Self Government Institutions

co-ordinate planning and development activities among the Government departments

consult non-governmental institutions, organizations and professional bodies in the preparation of Perspective Plan and Execution Plan for the

Metropolitan Area

resolve conflicts, if any, on the following:

*issues regarding development of peripheral areas of urban centres

*sharing of physical and natural resources among various Local Self Government

*overlapping functions of various agencies

METROPOLITAN PLANNING COMMITTEE AND PLANS FOR THE

METROPOLITAN AREA

Long Term Perspective Plan Five Year Execution Plans

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND

Prepares

DRAFT DEVELOPMENT PLAN

MPC constituted by the Government under section 54 of the

Kerala Municipality Act, 1994

MATTERS THAT MAY BE DEALT WITH IN THE PERSPECTIVE PLAN FOR THE MA

physical and natural resource potentials and their utilisation;


transportation Including mass transport

Integrated infrastructure development


mobilization of fiscal resources for Plan implementation


MATTERS THAT MAY BE DEALT WITH IN THE EXECUTION PLAN FOR THE MA

development issues;


sectoral development policies, strategies and proposals of sectors like agriculture, fisheries,

animal husbandry, forest, industries, transportation, infrastructure, water, health, education,

energy, tourism, etc.;

identification of projects and programmes;

phasing of district development plan into five annual plans by sectoral programmes, projects and

schemes indicating physical targets and fiscal requirements;

financial resource planning

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND


PERSPECTIVE PLAN FOR THE METROPOLITAN AREA

MPC WILL GET PREPARED THE PLAN WITHIN TWO

YEARS FROM THE DATE OF DECISION

SIXTY DAYS TIME LIMIT FOR RECEIVING

SUGGESTIONS AND OBJECTIONS

THE GOVT. ENSURING THAT THE PP IS IN

FRAMEWORK


DAYS

SANCTIONING BY GOVT.. MPC TO FWD THE COPIES

TO LOCAL SELF GOVT. INSTI. IN MA


EXECUTION PLAN FOR THE METROPOLITAN AREA

NOT LATER THAN SIX MONTHS FROM THE DATE

OF SANCTION OF THE PERSPECTIVE PLAN, MPC TO PREPARE EP FOR 1ST FIVE YR AND FWD TO GOVT FOR SANCTION

THE GOVT. ENSURING THAT THE EP IS IN

FRAMEWORK WITHIN 60 DAYS


DAYS

SANCTIONING BY GOVT.. MPC TO FWD THE COPIES

TO LOCAL SELF GOVT. INSTI. IN MA

EXPIRY IN 4 YEARS FROM THE DAY OF APPROVAL, MPC TO REVIEW AND PREPARE FRESH EP FOR

CONSECUTIVE FIVE YEARS

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND

PLANS FOR THE LOCAL PLANNING AREA

POWERS AND FUNCTIONS OF THE MUNICIPAL CORPORATIONS,

MUNICIPAL COUNCILS ETC.

implement all or any of the provisions contained in the Plans under this Act by formulating and executing projects, Land Pooling Schemes, Detailed Town Planning Schemes

formulate, promote, regulate and control land use and developmental activities in the Local Planning Area

set up special function agencies, if necessary, for specific functions such as plan preparation, implementation of projects

prepare or get prepared the:

Master Plan

Execution Plans

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND

Municipal Corporation

Municipal Council

Town Panchayat

Village Panchayat

MATTERS THAT MAY BE DEALT WITH IN THE MASTER PLAN

A development concept and strategy with a long term vision, approximately for a period of twenty years, having regard to the policies and strategies for the Local Planning Area

Master Plan documents with land use proposals, development control regulations and Plans for infrastructure development

statement of community involvement in the preparation, implementation and monitoring of the Master Plan;

transportation covering roads, railways, waterways, pedestrian-pathways

economic base and employment in sectors like agriculture, trade, commerce and industries in both formal and informal sectors

Economic base and employment in sectors like agriculture, trade, commerce and industries in both formal and informal sectors;

hierarchy of commercial areas, dispersal of commercial activities and related issues;

housing, including affordable housing, informal sector housing, resettlement strategy and slum upgradation;

educational facilities, including specialised education and research centres, health facilities, including specialized hospitals, cultural and religious facilities, public and semi-public institutions

proposals for Transferable Development Rights, Accommodation Reservation, Land Pooling Schemes

MATTERS THAT MAY BE DEALT WITH IN THE EXECUTION PLAN FOR THE

LOCAL PLANNING AREA

development issues and consolidation of suggestions of grama sabha/ward sabha/ward committee;


sectoral development policies, strategies and proposals of sectors like agriculture, fisheries, animal

husbandry, forest, industries, transportation, infrastructure, water, health, education, energy, tourism, etc.;

implementation mechanism which may include identification of sector-wise schemes and projects to be

implemented by Central or State Government departments

fiscal requirements and resource mobilisation proposals

monitoring and review mechanism.

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND


MASTER PLAN

MC VP/TP WILL PREPARE A MASTER

PLAN FOR THE LOCAL PLANNING

AREA

MC VP/TP , IN CONSULTATION

WITH DTCP WITHIN 2 YEARS FROM THE

DATE OF THE DECISION PREPARE

OR GET PREPARED A DRAFT MASTER PLAN

FOR THE LOCAL PLANNING AREA

THE GOVERNMENT, ON RECEIPT OF THE DRAFT

MASTER PLAN, IN CONSULTATION WITH

THE CHIEF TOWN PLANNER, ACCORD

APPROVAL, WITHIN A PERIOD OF SIXTY DAYS

FROM THE DATE OF RECEIPT OF SUCH

PLAN,

MODIFICATIONS TO BE

SUBMITTED WITIHIN 60

DAYS

SANCTIONING BY GOVT.. MC VP/TP

TO FWD THE COPIES TO DPC

AND MPC

PROCEDURE FOR PREPARATION AND SANCTIONING OF

EXECUTION PLAN FOR THE LOCAL PLANNING AREA

NOT LATER THAN 4 MONTHS FROM THE DATE

OF SANCTION OF THE MASTER PLAN, MC VP/TP TO PREPARE EP FOR 1ST FIVE YR AND FWD TO

DPC/ MPC FOR SANCTION

THE MPC/DPC IN CONSULTATION WITH

DTCP INSURING THAT THE EP IS IN FRAMEWORK

WITHIN 30 DAYS

SANCTIONING BY DPC/MPC , MC VP/TP TO

PUBLISH IN THEIR WEBSITES

EXPIRY IN 4 YEARS FROM THE DAY OF APPROVAL, MC VP/TP TO REVIEW AND PREPARE FRESH EP FOR CONSECUTIVE FIVE

YEARS

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND

JOINT PLANNING COMMITTEE AND MASTER PLAN FOR THE JOINT

PLANNING AREA

Joint Planning Area: Consisting of the area of mor e than one Mun i c ipa l

Corpor a t ion , Mun i c ipa l Counc i l , Town Panchaya t o r

V i l l a ge Panchaya t , either in full or in part, for the purpose of effective planning of

the area in which they are jointly interested or for which they are jointly responsible.

POWERS AND FUNCTIONS OF JOINT PLANNING COMMITTEE

prepare or get prepared a Master Plan for the Joint Planning Area from the local self govt. bodies, for the purposes of Plan preparation, publication and sanction

set up special function agencies and guide, direct and assist them on matters pertaining to their respective functions

FUNCTIONS OF THE CONSTITUENT UNITS OF THE JOINT PLANNING

COMMITTEE prepare Execution Plan for their respective local planning areas taking into account the Master Plan for

the Joint Planning Area

implement proposals contained in the Master Plan for the Joint Planning Area under this Act

promote, regulate and control the developmental activities in their respective local planning areas in accordance with the Master Plan for the Joint Planning Area;

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND

MATTERS THAT MAY BE DEALT WITHIN A DETAILED TOWN PLANNING SCHEME

A Detailed Town Planning Scheme may contain detailed proposals of the following matters, namely:

• establishment of new development centres;

• establishment of commercial centres, including specialised markets, wholesale and retail trade centres;

• establishment of tourist centres and tourism related infrastructure;

• establishment of industries, industrial estates, factories, service industries etc.;

• development and landscaping of open spaces, recreational grounds, parks, zoological and botanical

gardens and social forestry;

• conservation of ecologically sensitive areas;

• protection of environmentally sensitive areas;

• proposals for natural hazard prone areas;

• control of air and water pollution;

• housing schemes for different income groups including housing for economically weaker sections of the

society, infirmaries, destitutes, women and children in distress, disabled, physically challenged, senior

citizens etc.;

• provision of sanitary arrangements including construction of drains and public conveniences etc., disposal

of sewage, solid waste;

• provision of public transportation including mass transportation;

• provision of communication facilities;

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND


DETAILED TOWN PLANNING SCHEME

MC VP/TP MAY, AT ANY TIME, BY

RESOLUTION, DECIDE TO

PREPARE OR ADOPT A


SCHEME

MC VP/TP , IN CONSULTATION

WITH DTCP WITHIN 2 YEARS FROM THE

DATE OF THE DECISION PREPARE

OR GET PREPARED A DRAFT DETAILED

TOWN PLANNING SCHEME FOR THE PLANNING AREA

IMMEDIATELY AFTER DETAILED TOWN

PLANNING SCHEME IS PUBLISHED UNDER THE ACT, MC VP/TP SHALL

FWD COPY TO DPC/MPC,

MODIFICATIONS FROM DPC/MPC IN

CONSULTATION WITH CHIEF TOWN

PLANNER TO BE SUBMITTED WITIHIN

60 DAYS FOR SANCTION.

SANCTIONING BY GOVT.. MC VP/TP TO PUBLISH THE

GAZETTE.

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND

Interim Development Orders and the restrictions after notifying the intention to

prepare Plans Building regulations

Land Development Permit No development in case of change in land use

Application for Land Development Permit Development of land which has change in its use, A certificate has to be taken from the secretary of MC

VP/TP

Power of revocation or modification of Development Permit If in case the permit to development has to be revoked/modified or risks life or was sanctioned by mistake

then the Secretary of MC VP/TP holds the power to do that

Obligation to acquire land in certain cases If in master plan and land use prescribed for immediate development, that has to be done in two years from

sanction of Master Plan.

Power to require stoppage or removal of unauthorised development, imposition of

penalty etc The MC VP/TP can issue a notice to stop the change in land use to the owner of the land

Removal or discontinuance of unauthorised development of temporary nature The MC VP/Tp can issue an order in writing to stop any unauthorized development on the land different from

its use

Applicability of the provisions to a Joint Planning Committee

MC VP/TP can incorporate JPC.

Power of the Municipal Corporations, Municipal Councils etc. to prepare Land Pooling Schemes

These bodies would implement proposals and can prepare one or more Land Pooling schemes.

Land Pooling Scheme the boundary, extent, ownership, tenure and existing use of all original plots, reservation, acquisition or

allotment of land in the Scheme area etc.

KERALA

TOWN &

COUNTRY

PLANNING ACT,









METROPOLITAN AREA


AREAS




SCHEMES

CONTROL OF USE AND

DEVELOPMENT OF LAND

KEY LEARNINGS:

The act gave us a brief insight of the following:

• The procedure followed for plan (Perspective and

Execution) preparation, publication and sanctioning at the

district level and various other levels

• Also the functions of the planning committees at different

levels was also observed

• Legislative structure of the District planning Committee

• Matters that would be dealt with in the Perspective Plan and

Execution Plan

Date post:	19-Jan-2017
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KERALA TOWN AND COUNTRY PLANNING ACT, 2016

Education