CONSERVATION OF HERITAGE SITES INCLUDING HERITAGE BUILDINGS, HERITAGE PRECINCTS AND NATURAL FEATURE AREAS
Conservation of heritage sites shall include buildings, artifacts, structures, areas and precincts of historic, aesthetic, architectural, cultural or environmentally significant nature (heritage buildings and heritage precincts), natural feature areas of environmental significance or sites of scenic beauty.
These regulations shall apply to heritage sites which shall include those buildings, artifacts, structures, streets, areas and precincts of historic, architectural, aesthetic, cultural or environmental value (hereinafter referred to as Listed Heritage Buildings/Listed Heritage Precincts) and those natural feature areas of environmental significance or of scenic beauty including, but not restricted to, sacred groves, hills, hillocks, water bodies (and the areas adjoining the same), open areas, wooded areas, points, walks, rides, bridle paths (hereinafter referred to as ‘listed natural feature areas’) which shall be listed in notification(s) to be issued by the State Government / identified in Master Plan. The provisions in this chapter are beyond the regulations applicable on the Prohibited and Regulated areas as defined by Ancient Monuments and Archaeological Sites and Remains (AMASR) Act 2010, where site specific Heritage Bye-Laws prepared and notified by the Competent Authority (National Monuments Authority) under the AMASR Act shall be applicable. NOC shall have to be obtained by submission of required documents as may be necessary, including “Heritage Impact Assessment” report, if so necessitated by the NMA.
a) “Heritage building” means and includes any building of one or more premises or any part thereof and/or structure and/or artifact which requires conservation and/or preservation for historical and/or architectural and/or artisanry and/or aesthetic and/or cultural and/or environmental and/or ecological purpose and includes such portion of land adjoining such building or part thereof as may be required for fencing or covering or in any manner preserving the historical and/or architectural and/or aesthetic and/or cultural value of such building.
b) “Heritage Precincts” means and includes any space that requires conservation and/or preservation for historical and/or architectural and/or aesthetic and/or cultural and/or environmental and/or ecological purpose. Walls or other boundaries of a particular area or place or building or may enclose such space by an imaginary line drawn around it
c) “Conservation” means all the processes of looking after a place so as to retain its historical and/or architectural and/or aesthetic and/or cultural significance and includes maintenance, preservation, restoration, reconstruction and adoption or a combination of more than one of these.
d) “Preservation” means and includes maintaining the fabric of a place in its existing state and retarding deterioration
e) “Restoration” means and includes returning the existing fabric of a place to a known earlier state by removing accretions or by reassembling existing components without introducing new materials.
f) “Reconstruction” means and includes returning a place as nearly as possible to a known earlier state and distinguished by the introduction of materials (new or old) into the fabric. This shall not include either recreation or conjectural reconstruction.
12.2 Responsibility of the owners of heritage buildings
It shall be the duty of the owners of heritage buildings and buildings in heritage precincts or in heritage streets to carry out regular repairs and maintenance of the buildings. The State Government, the Municipal Corporation or the Local Bodies and Authorities concerned shall not be responsible for such repair and maintenance except for the buildings owned by the Government, the Municipal Corporation or the other local bodies.
12.3 Restrictions on development / re-development / repairs etc.
No development or redevelopment or engineering operation or additions / alterations, repairs, renovations including painting of the building, replacement of special features or plastering or demolition of any part thereof of the said listed buildings or listed precincts or listed natural feature areas shall be allowed except with the prior permission of Commissioner, Municipal Corporation /Vice Chairman, Development Authority. Before granting such permission, the agency concerned shall consult the Heritage Conservation Committee to be appointed by the State Government and shall act in according with the advice of the Heritage Conservation Committee.
i) Provided that, before granting any permission for demolition or major alterations / additions to listed buildings (or buildings within listed streets or precincts), or construction at any listed natural features, or alteration of boundaries of any listed natural feature areas, objections and suggestions from the public shall be invited and shall be considered by the Heritage Conservation Committee.
ii) Provided that, only in exceptional cases, for reasons to be recorded in writing, the Commissioner, Municipal Corporation/ Vice Chairman, Development Authority may refer the matter back to the Heritage Conservation Committee for reconsideration.
However, the decision of the Heritage Conservation Committee after such reconsideration shall be final and binding
Violation of the regulations shall be punishable under the provisions regarding unauthorized development. In case of proved deliberate neglect of and/or damage to Heritage Buildings and Heritage Precincts, or if the building is allowed to be damaged or destroyed due to neglect or any other reason, in addition to penal action provided under the concerned Act, no permission to construct any new building shall be granted on the site if a Heritage Building or Building in a Heritage Precinct is damaged or pulled down without appropriate permission from Commissioner, Municipal Corporation/ Vice Chairman, Development Authority.
It shall be open to the Heritage Conservation Committee to consider a request for rebuilding/reconstruction of a Heritage Building that was unauthorizedly demolished or damaged, provided that the total built-up area in all floors put together in such new construction is not in excess of the total built-up area in all floors put together in the original Heritage Building in the same form and style in addition to other controls that may be specified
12.5 Preparation of list of heritage sites including heritage buildings, heritage precincts and listed natural feature areas
The list of heritage sites including Heritage Buildings, Heritage Precincts and listed Natural Features Areas is to be prepared and supplemented by the Commissioner, Municipal Corporation / Vice- Chairman, Development Authority on the advice of the Heritage Conservation Committee. Before being finalized, objections and suggestions of the public are to be invited and considered. The said list to which the regulation applies shall not form part of this regulation for the purpose of Building Bye-laws. The list may be supplemented from time to time by Government on receipt of proposal from the agency concerned or by Government suo-moto provided that before the list is supplemented, objections and suggestions from the public be invited and duly considered by the Commissioner, Municipal Corporation/Vice- Chairman Development Authority/and/or State Government and / or the Heritage Conservation Committee.
When a building or group of buildings or natural feature areas are listed it would automatically mean (unless otherwise indicated) that the entire property including its entire compound / plot boundary along with all the subsidiary structures and artifacts, etc. within the compound/plot boundary, etc. shall form part of list
12.6 Alteration / modification / relaxation in development norms
On the advice of the said Heritage Conservation Committee to be appointed by the Government and for reasons to be recorded in writing, the Commissioner, Municipal Corporation / Vice Chairman, Development Authority shall follow the procedure as per Development Authority Act, to alter, modify or relax the Development Control Norms prescribed in the Master Plan, if required, for the conservation or preservation or retention of historic or aesthetic or cultural or architectural or environmental quality of any heritage site
12.7 Heritage precincts / Natural feature areas
In cases of streets, precincts, areas and (where deemed necessary by the Heritage Conservation Committee) natural feature areas notified, development permissions shall be granted in accordance with the special separate regulation prescribed for respective streets, precincts / natural feature areas which shall be framed by the Commissioner Municipal Corporation/ Vice- Chairman, Development Authority on the advice of the Heritage Conservation Committee
Before finalizing the special separate regulations for precincts, streets, natural features, areas, the draft of the same shall be published in the official gazette and in leading newspapers for the purpose of inviting objections and suggestions from the public. All objections and suggestions received within a period of 30 days from the date of publication in the official gazette shall be considered by the Commissioner, Municipal Corporation / Vice- Chairman, Development Authority / Heritage Conservation Committee
After consideration of the above suggestions and objections, the agency concerned, acting on the advice of the Heritage Conservation Committee shall modify (if necessary) the aforesaid draft separate regulations for streets, precincts, areas and natural features and forward the same to Government for notification
12.8 Road widening
Widening of the existing roads under the Master Plan of the City or Town / Zonal Development Plan or in the Layout Plan shall be carried out considering the existing heritage buildings (even if they are not included in a Heritage Precinct) or which may affect listed natural features areas.
12.9 Incentive uses for heritage buildings
In cases of buildings located in non-commercial use zones included in the Heritage Conservation List, if the owner / owners agree to maintain the listed heritage building as it is in the existing state and to preserve its heritage state with due repairs and the owner / owners / lessees give a written undertaking to that effect, the owner / owners / lessees may be allowed with the approval of the Heritage Conservation Committee within permissible use zone to convert part or whole thereof of the non-commercial area within such a heritage building to commercial/office use/hotel. Provided that if the heritage building is not maintained suitably or if the heritage value of the building is spoiled in any manner, the commercial / office / hotel use shall be disallowed
12.10 Maintaining skyline and architectural harmony
After the guidelines are framed, buildings within heritage precincts or in the vicinity of heritage sites shall maintain the skyline in the precinct and follow the architectural style (without any high-rise or multi-storeyed development) as may be existing in the surrounding area, so as not to diminish or destroy the value and beauty of or the view from the said heritage sites. The development within the precinct or in the vicinity of heritage sites shall be in accordance with the guidelines framed by the Commissioner, Municipal Corporation / Vice- Chairman, Development Authority on the advice of the Heritage Conservation Committee or separate regulations / guidelines, if any, prescribed for respective zones by Municipal Corporation / Development Authority.
12.11 Restrictive covenants
Restrictions existing as imposed under covenants, terms and conditions on the leasehold plots either by the State Government or by Municipal Corporation of the city/town or by Development Authority shall continue to be imposed in addition to Development Control Regulations. However, in case of any conflict with the heritage preservation interest/environmental conservation, this Heritage Regulation shall prevail
12.12 Grading of the listed buildings / listed precincts
Listed Heritage Buildings / Listed Heritage Precincts may be graded into three categories. The definition of these and basic guidelines for development permissions are as follows
Listing does not prevent change of ownership or usage. However, change of use of such Listed Heritage Building / Listed Precincts is not permitted without the prior approval of the Heritage Conservation Committee. Use should be in harmony with the said listed heritage site
Table 12.1 Grading of Listed heritage
|(A) Definition Heritage Grade-I comprises buildings and precincts of national or historic importance, embodying excellence in architectural style, design, technology and material usage and/or aesthetics; they may be associated with a great historic event, personality, movement or institution. They have been and are the prime landmarks of the region.
All natural sites shall fall within Grade-I.
|Heritage Grade-II (A&B) comprises of buildings and precincts of regional or local importance possessing special architectural or aesthetic merit, or cultural or historical significance though of a lower scale than Heritage Grade-I. They are local landmarks, which contribute to the image and identity of the region. They may be the work of master craftsmen or may be models of proportion and ornamentation or designed to suit a particular climate.||Heritage Grade-III comprises building and precincts of importance for townscape; that evoke architectural, aesthetic, or sociological interest through not as much as in Heritage Grade-II. These contribute to determine the character of the locality and can be representative of lifestyle of a particular community or region and may also be distinguished by setting, or special character of the façade and uniformity of height, width and scale|
|(B) Objective: Heritage Grade-I richly deserves careful preservation||Heritage Grade-II deserves intelligent conservation.||Heritage Grade-II deserves intelligent conservation (though on a lesser scale than Grade-II and special protection to unique features and attributes)|
|(C) Scope for Changes: No interventions be permitted either on exterior or interior of the heritage building or natural features unless it is necessary in the interest of strengthening and prolonging the life of the buildings/or precincts or any part or features thereof. For this purpose, absolutely essential and minimum changes would be allowed and they must be in conformity with the original.||Grade-II(A): Internal changes and adaptive re-use may by and large be allowed but subject to strict scrutiny. Care would be taken to ensure the conservation of all special aspects for which it is included in Heritage GradeII. Grade-II(B): In addition to the above, extension or additional building in the same plot or compound could in certain circumstances, be allowed provided that the extension / additional building is in harmony with (and does not detract from) the existing heritage building(s) or precincts especially in terms of height and façade||Internal changes and adaptive reuse may by and large be allowed. Changes can include extensions and additional buildings in the same plot or compound. However, any changes should be such that they are in harmony with and should be such that they do not detract from the existing heritage building/precinct.|
|(D) Procedure: Development permission for the changes would be given on the advice of the Heritage Conservation Committee||Development permission for the changes would be given on the advice of the Heritage Conservation Committee.||Development permission for changes would be given on the advice of the Heritage Conservation Committee|
|(E) Vistas / Surrounding Development: All development in areas surrounding Heritage Grade-I shall be regulated and controlled, ensuring that it does not mar the grandeur of, or view from Heritage Grade-I.||All development in areas surrounding Heritage Grade-II shall be regulated and controlled, ensuring that it does not mar the grandeur of, or view from Heritage Grade-II.||All development in areas surrounding Heritage Grade-III shall be regulated and controlled, ensuring that it does not mar the grandeur of, or view from Heritage Grade-III.|
12.13 Opinion of the Heritage Conservation Committee
Nothing mentioned above should be deemed to confer a right on the owner / occupier of the plot to demolish or reconstruct or make alterations to his heritage building / buildings in a heritage precinct or on a natural heritage site if in the opinion of the Heritage Conservation Committee, such demolition / reconstruction /alteration is undesirable
12.14 Approval to preserve the beauty of the area
The Heritage Conservation Committee shall have the power to direct, especially in areas designated by them, that the exterior design and height of buildings should have their approval to preserve the beauty of the area.
12.15 Signs and outdoor display structures / including street furniture on heritage sites
Commissioner, Municipal Corporation/ Vice- Chairman, Development Authority on the advice of the Heritage Conservation Committee shall frame regulations or guidelines to regulate signs, outdoor display structures and street furniture on heritage sites
12.16 Composition of heritage conservation committee
The Heritage Conservation Committee shall be appointed by the State Government comprising of:
(i) Secretary (UD) Chairman
(i)In charge Architecture, State PWD Member
(iii)Structural Engineer having experience of 10 years in the field and membership of the Institution of Engineers, India Member
A) Architect having 10 years experience Member
B) Urban Designer Member
C) Conservation Architect Member
(ii) Environmentalist having in-depth knowledge and experience Member of 10 years of the subject .
(iii) Historian having knowledge of the region having 10 years Member experience in the field
(vi) Natural historian having 10 years experience in the field Member
(vii) Chief Town Planner, Municipal Corporation Member
(viii) Chief Town Planner, Development Authority Member
(ix) Chief Architect, Development Authority Member
(x) Representative of State Archeological Department Member
(xi) Chief Town Planner, State Town & Country Planning Department Member-Secretary
(a) The Committee shall have the powers to co-opt upto three additional members who may have related experience.
(b) The tenure of the Chairman and Members of other than Government Department / Local Bodies shall be three years.
The terms of reference of the Committee shall inter alia be:
(i) To advice the Commissioner, Municipal Corporation/ Vice- Chairman, Development Authority whether development permission is to be granted under Building Bye-Laws No. 12.3 and the conditions of permission.
(ii) to prepare a supplementary list of heritage sites, which include buildings artifacts, structures, streets, areas, precincts of historic, aesthetic, architectural, cultural, or environmental significance and a supplementary list of natural feature areas of environmental significance, scenic beauty including but not restricted to sacred groves, hills, hillocks, water bodies (and the areas adjoining the same), open areas, wooded areas, points, walks, rides, bridle paths etc. to which this Building ByeLaw would apply.
(iii) To advise whether any relaxation, modification, alteration, or variance of any of the Building Bye-laws;
(iv) To frame special regulations / guidelines for precincts and if necessary for natural feature areas to advise the Commissioner, Municipal Corporation/ Vice- Chairman, Development Authority regarding the same;
(v) To advise whether to allow commercial / office/ hotel use in the (name the areas) and when to terminate the same.
(vi) To advise the Commissioner, Municipal Corporation/ Vice- Chairman, Development Authority in the operation of this Building Bye-law to regulate or eliminate/erection of outside advertisements/bill boards/street furniture;
(vii) To recommend to the Commissioner, Municipal Corporation/ Vice- Chairman Development Authority guidelines to be adopted by those private parties or public / government agencies who sponsor beautification schemes at heritage sites;
(viii) To prepare special designs and guidelines / publications for listed buildings, control of height and essential façade characteristics such as maintenance of special types of balconies and other heritage items of the buildings and to suggest suitable designs adopting appropriate materials for replacement keeping the old form intact to the extent possible.
(ix) To prepare guidelines relating to design elements and conservation principles to be adhered to and to prepare other guidelines for the purposes of this Regulation;
(x) To advise the Commissioner, Municipal Corporation / Vice- Chairman, Development Authority/ on any other issues as may be required from time to time during course of scrutiny of development permissions and in overall interest of heritage / conservation;
(xi) To appear before the Government either independently or through or on behalf of the Commissioner, Municipal Corporation / Vice-Chairman, Development Authority in cases of Appeals under Development Authority/Municipal Corporation Act in cases of listed buildings / heritage buildings and listed precincts / heritage precincts and listed natural feature areas.
12.17 Implications of listing as heritage buildings
The Regulations do not amount to any blanket prevention of demolition or of changes to Heritage Buildings. The only requirement is to obtain clearance from Commissioner, Municipal Corporation/ Vice- Chairman Development, Authority and Heritage Conservation Committee from heritage point of view.
12.18 Ownership not affected
Sale and purchase of Heritage Buildings does not require any permission from Municipal Corporation of the city/town/ Development Authority/or Heritage Conservation Committee. The Regulations do not affect the ownership or usage. However, such usage should be in harmony with the said listed precincts / buildings. Care will be taken to ensure that the development permission relating to these buildings is given within 60 days.