3
' Office of the Director of Town and Country Planrdng, 807, Anna Salai, Chennai - 600 002. Circular Roc.No.436712019-B,{2 Dated:05.02.2020. Sub: Planning permission application scrutiny in DTCP areas - Clarification on making ' calculation of OSR requirement - Issued - Regarding. Ref: (1) G.O.Ms.No.l72, Housing and Urban Development dated:13.10.2017. (2) G.O.Ms.No.I 8, Municipal Administration & Water Supply dated:4.2.2019. departrnent, department, With a view to clari! the Act/Rule provisions relating to calculation of open space reservation (OSR) requirement for grant of planning permission, following are informed: Rule 41(l) & Rule 47(6) of Tamil Nadu Combined Development and Building Rules (TNCDBR), 2019 prescribe the reservation of land for community recreational purposes (OSR) for development of building and layout respectively. To put in a nutshell, following are the 3 categories in the said reservation. (a) First is the case of site extent upto 3,000 sq.m. for which there is no OSR requiremen(fi rst deduction). (c) Third category is site extent above 10,000 sq.m. for which l0% OSR for the extent excluding roads to be compulsorily gifted. However, in case of unapproved plot/ sub-division, the OSR extent to be decided based on the site extent which was originally in existence pdor to the cut-off date of 29.11.1972 in case of rural areas and 1.1.1980 in case of urban areas. Rules and earlier instuctions regarding these cut-off dates are: (a) Rule No.8(ii) of unapproved layout regularization scheme rules notified vide G.O.l"t cited above provides that: ".... the unapproved layout or sub-division formed, ...... (i, prior to 29.11.1972 in rural areas and prior to 1.1.1980 in urban areas outside Chennai Metropolitan Area, shall be deemed to hqve been approved.... " . (b) Further, in para 4(2) of the minutes of the fficers' meeting held on 2.3.2019 at head ffice, Chennai it has been stated that: "OSR requirement to be decided based on the actual period of sub- division made: Sub-divtsion 4nde prior to 1.1.1980 or 29.11.1972 in case of urban areas or rural areas respectiyely will be deemed to be approved sub-division " . Therefore, as far as the unapproved ploV sub-division is concemed, care should be exercised to determi[e the oSR requirement, especially for site extent applied for permission is upto 10,000sq.m. Method of calculation of OSR requirement is explained as below: (b) Second is site extent above 3,000 sq.m. and upto 10,000 sq.m. for which 10% of the extent excluding roads(second deduction) need to be reseryed as OSR and the space so reserved to be gifted or payment may be made in guideline value in lieu of the OSR.

Tamil Nadu Government Portal · Created Date: 2/14/2020 11:13:27 AM

  • Upload
    others

  • View
    3

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Tamil Nadu Government Portal · Created Date: 2/14/2020 11:13:27 AM

' Office of the Director ofTown and Country Planrdng,

807, Anna Salai, Chennai - 600 002.Circular

Roc.No.436712019-B,{2 Dated:05.02.2020.

Sub: Planning permission application scrutiny in DTCP areas - Clarification on making' calculation of OSR requirement - Issued - Regarding.

Ref: (1) G.O.Ms.No.l72, Housing and Urban Developmentdated:13.10.2017.

(2) G.O.Ms.No.I 8, Municipal Administration & Water Supplydated:4.2.2019.

departrnent,

department,

With a view to clari! the Act/Rule provisions relating to calculation of open spacereservation (OSR) requirement for grant of planning permission, following are informed:

Rule 41(l) & Rule 47(6) of Tamil Nadu Combined Development and Building Rules(TNCDBR), 2019 prescribe the reservation of land for community recreational purposes (OSR) fordevelopment of building and layout respectively. To put in a nutshell, following are the 3 categoriesin the said reservation.

(a) First is the case of site extent upto 3,000 sq.m. for which there is no OSRrequiremen(fi rst deduction).

(c) Third category is site extent above 10,000 sq.m. for which l0% OSR for the extentexcluding roads to be compulsorily gifted.

However, in case of unapproved plot/ sub-division, the OSR extent to be decided based onthe site extent which was originally in existence pdor to the cut-off date of 29.11.1972 in case ofrural areas and 1.1.1980 in case of urban areas. Rules and earlier instuctions regarding these cut-offdates are:

(a) Rule No.8(ii) of unapproved layout regularization scheme rules notifiedvide G.O.l"t cited above provides that:

".... the unapproved layout or sub-division formed, ......(i, prior to 29.11.1972 in rural areas and prior to 1.1.1980 in urbanareas outside Chennai Metropolitan Area, shall be deemed to hqve beenapproved.... " .

(b) Further, in para 4(2) of the minutes of the fficers' meeting held on2.3.2019 at head ffice, Chennai it has been stated that:"OSR requirement to be decided based on the actual period of sub-division made: Sub-divtsion 4nde prior to 1.1.1980 or 29.11.1972 incase of urban areas or rural areas respectiyely will be deemed to beapproved sub-division " .

Therefore, as far as the unapproved ploV sub-division is concemed, care should be exercisedto determi[e the oSR requirement, especially for site extent applied for permission is upto10,000sq.m. Method of calculation of OSR requirement is explained as below:

(b) Second is site extent above 3,000 sq.m. and upto 10,000 sq.m. for which 10% of theextent excluding roads(second deduction) need to be reseryed as OSR and the space soreserved to be gifted or payment may be made in guideline value in lieu of the OSR.

Page 2: Tamil Nadu Government Portal · Created Date: 2/14/2020 11:13:27 AM

2

(a) If the extent of site applied for permission exceeds 10,000 sq.m., then straighrway 10%

of the extent excluding roads(second deduction) should be resewed and gifted. This case

is not eligibie for first deduction.

(b) In case of extent of site applied for permission is upto i0,000 sq.m., then it has to beascertained whether the site extent was in existence as such i.e., having the same extentprior to the either of the above said cut-off date, as the cirse may be. If not, then thecalculation for determining the OSR requirement should be as follows:

(i) If the extent of the original site prior to the said cut-off date is upto 3,000 sq.m., thenthe benefit of first deduction of 3,000 sq.m. shall be applied and hence no necessityfor allocation of OSR.

(ii) If the extent ofthe original site prior to the said cut-off date is above 3,000 sq.m. andupto 10,000 sq.m., then the benefit of first deduction shall be portion of 3,000sq-monly and which shall be the extent of splitting 3,000 sq.m, in the same proportion asthe site applied for permission was sub-divided from the original site. Then after thisfirst deduction the resulting site excluding roads to be taken up for calculating the10% osR.

Model calculations are given in the attached tabular statement.

Sd/- Chandra Sekhar SakhamuriDirector of Town and Country Planning

Encl.: Tabular statement of model calculations.ToAll the Member Secretaries of CLPAS, NTDAs and all the Regional Deputy Directors/ AssistantDirectors.Copy to:All the Deputy Directors, Assistant Directors,Planning Assistants and Supervisors of head office.

/Iorwarded /by orderl

Deputy Director

c

The above guidelines are already foliowed in planning permission application scrutiny.However, through this circular, it is reiterated and confirmed for consistency and transparency.

Page 3: Tamil Nadu Government Portal · Created Date: 2/14/2020 11:13:27 AM

3

TABULAR STATEMENT OF MODEL CALCULATIONSCase VICase VCase IVCase lllCase IICase IDstailsS. No' (Extent in sq.m.)

10,0014,0002,5002,5004,0002,500

for

Extent of area

of site apPliedssron 20,00010,00110,0017,0004,0003,000Extent of

original site

which was inexistence Priorto cut-off date Nil (since extent

of area of siteapplied forpermissionexceeds 10,000

m

Nil (sinceoriginal extentexceeds 10,000

sq.m.)

(2s00-7000) x3000:1,071.4

(a000 -4000) x3000 = 3,000

(zsoo*:ooo;x 3000=2,500

First deductionshall be

3

10,00140002500-10'71.4'=1,428.6

1,000NilBalance extent42,000It0()500800

roads S

Seconddeduction of

5

(10001 - 2000) xl0% = 800.1

(4000 - 800) x10%= 320

(1428.6 -500) x10o/o =92.86

(1000-800) x10Vo = 20

Nil10% OSR tobe fixed

6OSR should be

compulsorilYgifted since extentof site applied forpermissionexceeds 10,000

sq.m.

Applicant can

exercise oPtionto gift OSR orpay in guideline

value in lieu ofOSR.

(2s00-s00) xr0%=200Applicant can

exercise oPtionto gift OSR orpay in guidelinevalue in lieu ofOSR.

2500

500

Amount inguideline value forthe OSR extentshould be Paidsince minimumsize of OSR shall

be 100 sq.m.

Amount inguideline value

for the OSRextent should be

paid sinceminimum size ofOSR shall be

100 .m

NilGifting OSR(or) paYment

in guidelinevalue in lieu ofit.

7

1.

2.

Nil (sinceoriginal extentexceeds 10,000

sq.m.)