5 TOWN PLANNING PROCESS.

The Karnataka Town and Country Planning Act provides provision for preparation of Master Plans for the local planning area indicating the proposed land uses, zoning of land use for residential, commercial, parks and playgrounds, public and semi-public, industrial, agricultural, recreational, educational and other public purposes, proposed circulation pattern, and a set of zonal regulations. Finally the town planning schemes are required to be prepared for the planning area for implementation of the proposals of the Master Plan. The town planning schemes contains detailed proposals for laying of new streets, reconstitution of plots, provision of amenities and other facilities etc.

The zonal regulations which are incorporated as part of Master Plan cover the following aspects:

(a) Land use zoning regulation prescribing the uses permissible under different urban uses of land;

(b) Regulation for controlling the construction of buildings, prescribing minimum setbacks, maximum plot coverage, maximum height of buildings, maximum floor area ratio etc.

(c) Regulations for sub division of land;

(d) Standards for off street parking; and

(e) Building lines and widening of important roads.

(f) Rain water harvesting etc

Planning Authorities are required to prepare Master Plan within two years from the date of declaration of local planning area. Plans will have to be submitted through the Director of Town Planning for the provisional approval of the Government.

After the provisional approval, the plans have to be published by notification inviting public comments and suggestions. The provisionally approved Master Plan is to be re-submitted to the Government with necessary recommendations for modification in the light of the public comments and suggestions, for final approval of the Government.

Master Plan has to be revised at least once in every ten years from the date on which it has come into force. Various steps involved in declaration of Local Planning Area, preparation of Master Plan as per Karnataka Town & Country Planning Act, 1961 is summarized below:

• Government declares local planning area. [u/s 4-A]
• Government constitutes Planning Authority soon after declaration of local planning area. [u/s 4-C]
• Government specifies the date with reference to which the present land use is to be determined. [u/s 5]
• Planning Authority prepares the map of present land use within two years after the date specified u/s 5. [u/s 6]
• Planning Authority declares the intention of making Master Plan and considers suggestion from public. [u/s 10]
• Planning Authority carries out a survey, prepares and publish an Master Plan and submit to Government for provisional approval through Director of Town Planning within two years from the date of declaration of planning area u/s 4-A. [u/s 9]
• Government after consultation with Director of Town Planning provisionally approves the Master Plan to publish by notification inviting public comments [u/s 13(1)]
• After inviting public comments the Planning Authority shall consider such comments & resubmit the plan and reports to Government through Director of Town Planning for final approval [u/s13(2)]
• Government after consultation with Director of Town Planning finally approves the Master Plan and the regulations. [u/s 13(3)]
• Planning Authority publishes the finally approved Master Plan. [u/s 13(4)]
• On and from the date on which a declaration of intension to prepare an Master Plan is published under sub-section (1) of section 10, every land use, every change in land use and every development in the area covered by the plan shall conform to the provisions of the KTCP Act, the Master Plan and regulations. For all developments and change of land use shall be carried out only with written permission of the Planning Authority in the form of commencement certificate under section14 &15. This is subject to section 14-A of the KTCP Act.
• Change of land use from Master Plan may be sanctioned by the State Government [u/s 14-A]
• The land owner may issue purchase notice to the Planning Authority [u/s 16]
• If the designated land is not acquired by agreement within five years from the date of the Master Plan is published in the gazette or if the proceedings under the land acquisition Act are not commenced within such period the designation will lapse [u/s 69]
• Sanction of sub-division of plot or layout of Private Street is done under the provisions of Section 17.
• Master Plan is revised at least once in ten years [u/s 13-D]
• Planning Authority may make one or more town planning schemes for the purpose of implementing the proposals of the Master Plan [u/s 26 to 72]
• Effect of other laws is dealt u/s 76M:

As per this section when permission for such development has not been obtained under the KTCP Act, such development shall not deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained.

The stages of preparation of Master Plan by the Planning Authorities and approved by the State Government is given in Annexure - II