HERITAGE SITES



CHAPTER - 13  
CONSERVATION OF HERITAGE SITES INCLUDINGHERITAGE BUILDINGS, HERITAGE PRECINCTS AND NATURAL FEATURE AREAS

The objective of this regulation shall be to conserve, regulate and manage buildings, artifacts, structures, areas and precincts of historic and / or aesthetic and / or architectural and / or cultural significance and / or environmental significance (heritage buildings and heritage precincts) and / or natural features of environmental significance and or sites of science beauty, so as to promote heritage sensitive development.   

13.1 Applicability:

This regulation shall apply to all heritage sites, buildings, heritage precincts and natural features declared under the Karnataka Town and Country Planning Act, 1961. Including those declared by Archeological Survey of India and State Archeology Department.  

13.2 Composition of heritage conservation committee:

For the city, there shall be Heritage Committee (hereinafter referred to as the Committee) consisting of the following Members appointed by the State Government.  

TABLE 13.1 Composition of heritage conservation committee for Bengaluru:

1.

Commissioner, Bruhath Bengaluru MahanagaraPalike

Chairman

2.

Structural Engineer having experience of at least 10 years

in the field and membership of the Institute of Engineers

(India)

Member

3.

Architect  having  at  least  10  years’  experience  in

Architecture  and  five  years  in  heritage  conservation

architecture  and  membership  of  the  Council  of

Architecture.

Member

4.

Environmentalist with recognized post graduate degree

having in depth knowledge and experience of 10 years in

the subject

Member

5.

Academician  possessing  a  doctorate  in  History  /

Archeology and having knowledge of the region for at least

10 years.

Member

6.

Natural historian possessing post-graduation in Botany /

Zoology / Forestry preferably with Ph.D. degree having 10

years’ experience in the field.

Member

7.

Artist possessing degree in fine arts and at least 10 years’

experience in the field.

Member

8.

Representative of ASI, Government of India.

Member

9.

Commissioner,  Archeology,  Museums  and  Heritage

Department, Mysore or his nominee.

Member

10.

Representative of two local NGO’s in existence for more than 3 years.

Member

11.

Representative of IHCN (Indian heritage Cities Network),

Mysore

Member

12.

Director of Town and County Planning or his nominee

Member

13.

Commissioner, Bengaluru Development Authority.

Member Secretary 

Table 13.2 Composition of heritage conservation committee for Other Corporation Areas:

1.

Deputy Commissioner

Chairman

2.

Structural Engineer having experience of at least 10 years

in the field and membership of the Institute of Engineers

(India)

Member

3.

Architect  having  at  least  10  years’  experience  in

Architecture  and  five  years  in  heritage  conservation

architecture  and  membership  of  the  Council  of

Architecture.

Member

4.

Environmentalist with recognized post graduate degree

having in depth knowledge and experience of 10 years in

the subject.

Member

5.

Academician possessing a doctorate in History / Archeology

and having knowledge of the region for at least 10 years.

Member

6.

Natural historian possessing post-graduation in Botany /

Zoology / Forestry preferably with Ph.D. Degree having 10

years’ experience in the field.

Member

7.

Artist possessing degree in fine arts and at least 10 years’

experience in the field.

Member

8.

Representative of ASI, Government of India.

Member

9.

Commissioner,  Archaeology,  Museums  and  Heritage

Department Mysore or his nominee.

Member

10.

Representative of two NGO’s in existence for more than 3

years

Member

11.

Representative of IHCN (Indian heritage Cities Network),

Mysore

Member

12.

Joint Director of Town Planning / Deputy Director of Town

Planning / Assistant Director of Town Planning, respective

City Corporation.

Member

13.

Commissioner, Urban Development Authority.

Member Secretary

 TABLE 13.3 Composition of heritage conservation committee for all other Towns/Cities -at District level:

1.

Deputy Commissioner

Chairman

2.

Commissioner  of  respective  Urban  Development

Authority.

Member

3.

Commissioner of respective City Municipal Council.

Member

4.

Chief Officer or respective Town Municipal Council.

Member

5.

Chief Officer of respective Town Panchayat.

Member

 

6.

 

Structural Engineer having experience of at least 10

years in the field and membership of the Institute of

Engineers (India)

Member

7.

Architect  having  at  least  10  years’  experience  in

Architecture and five years in heritage conservation

architecture  and  membership  of  the  Council  of

Architecture.

Member

8.

Environmentalist with recognized post graduate degree

having in depth knowledge and experience of 10 years in

the subject.

Member

9.

Academician  possessing  a  doctorate  in  History  /

Archeology and having knowledge of the region for at

least 10 years.

Member

10

Natural historian possessing post-graduation in Botany

/ Zoology / Forestry preferably with Ph.D. Degree having

10 years’ experience in the field.

Member

11

Artist possessing degree in fine arts and at least 10

years’ experience in the field.

Member

12

Representative of ASI, Government of India.

Member

13

Commissioner,  Archaeology,  Museums  and  Heritage

Department Mysore or his nominee.

Member

14

Representative of two NGO’s in existence for more than 3

years.

Member

16

Asst. Director of Town Planning of the respective district

Member

17

Project Director, DUDC Cell

Member Secretary

b) The tenure of the Member of category (2) to (7) and (10) in table – 13.1 and 12.2category (6) to (11) and (14) of table-13.3 shall be for three years provided however that the same person shall be  eligible for three years provided however that the same person shall be eligible for reappointment as Member.a) The Committee shall have the power to appoint two additional members who may have lesser experience, but who have special knowledge of the subject matter.

c) The quorum for the meeting of the Committee specified in table 13.1 and 13.2 shall be five members including the Chairperson and for the Committee specified in table 13.3 shall be seven members including the Chairperson. Any vacancy in the office of members shall not vitiate any decision taken by the majority of the members present.

d) The terms of reference of committee shall be, inter-alia,

i. To advise the Local Authority whether development permission should be granted under this Regulation and the condition under which permission may be accorded.

ii. To prepare a list of buildings, artifacts, structures, areas, precincts of historic, aesthetic, architectural, cultural or environmental significance and a supplementary list of natural features of environmental significance or scenic beauty including sacred groves, hills, hillocks, water bodies (and the areas adjoining the same), open areas, wooded areas etc., to which this Regulation would apply from time to time, and grade them according to the heritage value.

iii. To advise whether any relaxation, modification, alteration or variance of any of the Zonal Regulations / Building Byelaws, is called for.

iv. To assist the Archeology, Museums and Heritage Department (AM&HD) in framing regulations for specific precincts and if necessary for natural features to guide the planning / Local / competent Authority regarding issue of permissions.

v. To advise on the extent of Development Rights Certificates to be granted.

vi. To advise whether Development Right Certificates may be allowed to be consumed in a heritage precinct.

vii. To advise in terms of this regulations whether to allow commercial / office / hotel use of a heritage building and when to terminate the same.

viii. To advise the Planning / Local / competent Authority in the operation of advertisements / bill boards / street furniture.

ix. To make recommendation to the Local Authority / competent Authority regarding guidelines to be adopted by those private parties or public / government agencies that sponsor beautification schemes near heritage building and precincts at public intersections and elsewhere.

x. To provide technical advice, if possible, on guidelines to the owner of heritage buildings / precincts to protect, conserve or restore them.

xi. To recommend / advice the AM&HD in preparing special designs and guidelines /publications for listed buildings, control of height and essential facade characteristics such as maintenance of special types of balconies and other heritage items of the buildings and to suggest suitable designs adopting appropriate material for replacements keeping the old form intact to the extent possible.

xii. To recommend / advice the AM&HD in preparing guidelines relating to design elements and conservation principles to be adhered to and to prepare other guidelines for the purposes of this regulation.

xiii. To advise the Local 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 / environmental conservation.

xiv. To appear before the government either independently or through or on behalf of the Local Authority in cases of listed buildings / heritage buildings and listed precincts /heritage precincts and listed natural features.  

13.3 Procedure for the preparation of list of heritage sites and buildings, heritage precincts listed natural features.

The list of heritage sites and buildings, heritage precincts and additions thereto will be declared by the Local Authority on the advice of the Committee and notified accordingly. Provided that before the list is so declared, objections and suggestions granting at least 15 days’ time from the public shall be invited by newspaper notification in at least two local newspapers. Restrictions on the Heritage precincts shall be in force with effect from the date of such newspaper notification by the Local Authority, provided further that such listing does not prevent change of ownership or usage. The list may be supplemented from time to time by the Government on receipt of proposal from the agency concerned or by Government sue motto, provide that before the list is supplemented, objections and suggestions from the public are invited duly considered. 

13.4 Criteria for listing of Heritage Sites:

(a)

Value for architectural, historical or cultural reasons

A

 

 

 

Architectural

A(arc)

Historical

A(his)

Cultural

A(cul)

(b)

The date and / or period and / or design and / or unique use of

the building or artifact

Building or artifact

B

 

 

 

 

 

Period

B (per)

Design

B (des)

Use

B (use)

(c)

Relevance to social or economic history

C (seh)

(d)

Association with well-known persons or event

D (bio)

(e)

A building or group of buildings and / or areas of distinct

architectural design and / or style, historic period or way of life

having sociological interest and / or community value Style Historical

 

E

(f)

The unique value of building or architectural feature or artifact

and / or being part of a chain of architectural development that

would be broken if it were lost

F

(g)

Its value as a part of a group of buildings

G (gr)

(h)

Representing forms of technological development

H(tec)

(i)

Vistas of natural / scenic beauty or interest, including water-

front areas, distinctive and / or planned lines of sight, street lines

of sight, street line, skyline or topographical

1(se)

(j)

Open spaces sometimes integrally planned with their associated

areas having a distinctive way of life which have the potential to

be areas of recreation.

J

(k)

Natural Heritage sites

NH

(l)

Sites of scenic beauty

(sec)

     
     
     

13.5             Grading of the listed buildings / listed precincts:

Heritage Buildings, heritage precincts shall be graded as I, II, III as follows:-

GRADE – I GRADE - II GRADE – III
A: DEFINITION:
Heritage  Grade  –  1  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  landmark of  the  region. All    natural    sites    shall    fall within Grade – 1
Heritage    Grade   –   II    (A   &   B) comprises          buildings          and precincts    of    regional    or    local importance   possessing   special architectural  or  aesthetic  merit or         cultural         or         historic significance   though   of   a   lower scale      in      Heritage      Grade-1. They  are  local  land  marks  that 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 important   for   townscape;   they evoke  architectural  aesthetic  or sociological  interest  though  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   on   a street  line,  or  special  character
of  the  facade  and  uniformity  of height, width and scale.
Objective –
Heritage         Grade-1         richly deserves careful preservation.
Heritage        Grade-II        deserves intelligent Conservation Heritage       Grade-III       deserves
protection  unique  features  and attributes.
Scope for changes- Interventions         would         be permitted    to    enter    on    the Grade-II.  (A).  Internal  changes, and     adaptive     reuse     will     be generally  allowed,  but  external External   and   internal   changes and      adaptive      reuse      would generally  be  allowed.    Changes
exterior  or  interior  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          minimal changes    would    be    allowed and       they       must       be       in accordance  with the original. changes     will     be     subject     to scrutiny.    Care  would  be  taken to   ensure   the   conservation   of all  special  aspects  for  which  it is included in Heritage.
Grade-IIB)-
In  addition  to  above  extension or   additional   buildings   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)      existing heritage           buildings(s)           or precincts  especially  in  terms  of height and facade.
can          includes          extensions, additional      buildings     in     the same        plot        or        compound provided                                           that
extension/additional      building is   in   harmony   with   and   does not   detract   from   the   existing heritage     building     /     precinct especially    in    terms    of    height and             /             or             facade. Reconstruction  may  be  allowed when          the          building          is structurally  weak  or  unsafe  or which   it   has   been   affected   by accidental    fire    or    any    other calamity  or  if  reconstruction  is required       to       consume       the permissible  FSI  and  no  option other    than    reconstruction    is required       to       consume       the permissible  FSI  and  no  option other    than    reconstruction    is available.
    However,       unless       absolutely essential,  nothing  should  spoil or  destroy  and  special  features or    attributes    for    which    it    is
placed in the Heritage List.
Procedure – Development    permission    for Development              permission
Development  permission  for the   changes   would   be   given would  be  given  for  changes  by
the  changes  would  be  given by   the   Planning   Authority   in the   Planning   Authority   itself
by   the   Planning   Authority consultation      with      a      sub- but       in       consonance       with
on the advice of the Heritage committee     of     the     Heritage guidelines,   which   are    to   be
Conservation   Committee   to Conservation Committee laid   down   by   Government   in
be      appointed       by      State   Consultation     with     Heritage
Government.   Conservation Committee.
B.                    VISTAS                    / All      development      in      areas All      development      in      areas
SURROUNDING surrounding  Heritage  Grade-II surrounding  Heritage  Grade  –
DEVELOPMENT: shall        be       regulated       and III    shall    be    regulated    and
All    development    in    areas controlled,    ensuring    that    it controlled,    ensuring    that    it
surrounding                 Heritage does  not  mar  the  grandeur  of does  not  mar  the  grandeur  of,
Grade-I   shall   be   regulated ,  or  view  from  Heritage  Grade or  view  from  Heritage  Grade-
and      controlled,      ensuring - II III.
that    it    does    not    mar    the    
grandeur   of,   or   view   from    
Heritage  Grade-1    

i) No development or re-development or engineering operation or additions, alterations, repairs, renovation including the painting of buildings, replacement of special features or plastering or demolition of any / part thereof of the said listed buildings including compound wall or listed precincts or listed natural features shall be allowed except with the prior written permission of the Local Authority. Before granting any such permission, the Local Authority shall consult the Committee and shall act on its advic

13.6 Restriction on development / re-development / repairs, etc.

ii) Provided that before granting any permission for demolition or major alterations/ additions to listing buildings (or buildings within listed precincts), or construction at or near any listed natural features, or alteration of boundaries of any listed natural features, objections and suggestions from the public shall be invited by publishing prominently in two local newspapers and duly considered by the Committee. 

iii) Provided that only in exceptional cases, for reasons to be recorded in writing, to the Planning / Local / Competent Authority may refer the matter back to the Heritage Conservation Committee for reconsideration.

iv) Heritage Buildings and Buildings in Heritage Precincts which are under the control of Public Works Department / Corporation /Universities / Boards and any other Government organizations under the purview of Government of Karnataka and Government of India have to be listed and declared as Heritage Properties. However, the decision of the Heritage Conservation Committee after such re-consideration shall be final.  

13.7 Responsibility of the owners of heritage buildings:

It shall be the duty of the owners of Heritage Buildings and Buildings in Heritage precincts to carryout regular repairs and maintenance of the buildings at their own cost. The Government or Local Authority shall not be responsible for such repairs and maintenance except for the buildings owned by the Government, or Local Authority.  

13.8 Regulations for specified heritage precincts / listed natural features.

In cases of heritage precincts and where deemed necessary by the Committee, natural features notified as per the provision of this Regulation, development permissions in the form of commencement certificate shall be granted in accordance with separate regulations prescribed for respective precincts / natural features which shall be framed by the AM&HD in consultation with the Local Authority on the advice of the Committee.

These regulations should concern architectural appearances, materials, the setting of buildings, their volumes, height, planting of trees etc. They will include regulations, which will govern planning, building permissions, along with guidelines that the Committee will refer to with regard to applications for planning permission, choices of restoration methods or spatial planning. To prepare these separate regulations, a study of the heritage precincts / listed natural features will be commissioned by the AM&HD. The study will identify the heritage issues in all its aspects, fix the objectives to be reached in order to assure the conservation of the heritage identified and to draft regulations for management and development of the heritage areas.

The Local Authority will consider the draft regulations submitted by AM&HD and obtain public opinion on it in the following manner.

The draft of the separate regulations for precincts / natural features shall be published in the official gazette and in leading newspapers for the purpose of inviting suggestions and objections from the public. The Local Authority AM&HD and the Committee shall consider all suggestions and objections received within a period of 60 days from the date of publication in the official gazette.

After consideration of the above suggestions and objections, the AM&HD in consultation with Local Authority, acting on the advice of the Committee, shall modify (if necessary) the aforesaid draft separate regulations of precincts and natural features and forward the same to the Local Authority for further submission to the Government for sanction.

Provided that pending consideration of suggestions and objections and pending final sanction from Government to the above draft regulations for precincts and natural features, the committee shall have due regard to the above draft regulations while considering applications for development / redevelopment, etc, of heritage buildings / heritage precincts / listed natural features.  

13.9 Road widening and building lines:

i) If Road widening / Building line under the Karnataka Town and Country Planning Act, 1961 are prescribed they shall be such that they will protect and not detract from the said heritage precincts / said listed natural features.

ii) If there are any new road widening / Building lines proposed in the Master Plan, the Local Authority shall consider the heritage provisions and environmental aspects while considering applications for development permissions in these precincts. Necessary steps may be taken to modify the Master Plan accordingly. Pending this action, the development of new roads shall not be carried out.

iii) No widening of the existing roads under the Karnataka Town and Country Planning Act or Master Plan shall be carried out in a manner which may affect the existing heritage buildings (even if they are not included in a Heritage Precinct) or which may affect listed natural features.  

13.10 Master plan reservations:

If there are Master Plan reservations shown on heritage buildings or on listed natural features, the reservation may be deleted or modified if required. The Local Authority, on the advice of the Committee, shall move the Government to get these reservations deleted / modified as need be. 

13.11 Grant of Transferable Development Rights (TDR) in cases of loss of development rights.

If any application for development is refused under this regulation, or conditions are imposed while permitting such developments, which deprive the owner of any unconsumed Floor Area Ration (FAR), the said owner/lessee shall be compensated by the grant of a Development Rights Certificate (DRC). The extent of DRCs to be granted and used will be determined by the Rules specially framed for Transfer of Development Rights.  

13.12 Incentive uses for heritage buildings:

In cases of buildings included in the Heritage Conservation list, falling in zones where office / commercial / hotel use is normally prohibited, if the owner / owners /lessees agree to maintain the listed heritage building in its existing state and to preserve its heritage status with due repairs and the owner / owners / lessees give a written undertaking to that effect, the owner / owners / lessees may be permitted, with the approval of the Committee, to convert part or the 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 allowed to be diminished in any manner, the local authority sue motto or on the advice of the Committee shall revoke permission given for such use.  

13.13 Maintaining skyline and architectural harmony:

Buildings within heritage precincts or in the vicinity of heritage buildings / listed natural features shall maintain the skyline and follow the architectural style (without any high rise or multi-storied 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 building / heritage precincts or natural feature. The development within the precinct / in the vicinity of heritage buildings / natural features shall be in accordance to the regulations framed by AM&HD in association with the Local Authority on the advice of the Committee.  

13.14 Repair fund:

With a view to give monetary help for repairs of Heritage buildings a separate fund may be created which would be available to the Local Authority who will disburse funds on the advice of the Committee. Provision for such a fund may be made through Government grants / local authorities / public contributions. Nothing mentioned above should be deemed to confer a right on the owner /occupier of the plot to demolish and / or re-construct and / or make alterations /additions to his heritage building / building in a Heritage Precinct if in the opinion of the Committee, such demolition / re-construction / additions is undesirable. So as to preserve the heritage value of the zone, the Committee shall have the power to direct, especially in areas designated by them, that the exterior design and height of buildings should have their prior approval.  
Signs and outdoors display structures / including street furniture: The Local Authority before permitting signs, outdoor display structures including street furniture in the heritage areas / precincts building shall strictly follow the specifications, codes, conditions give below:

A. National Building Code of India to apply – The display or averting signs and outdoor display structures on building and land shall be in accordance with Part X-Signs and Outdoor Display Structures of National Building Code of India.

B. Additional Conditions – In addition to sub-regulation A, above, the following provisions shall apply to advertisement signs in different land use zones:

i. Residential Zone: the following non-flashing neon signs with illumination not exceeding 40 watt light.

a. One nameplate with an area not exceeding 0.1 Sq.m for each dwelling unit.

b. For other uses permissible in the zone, one identification sign or bulletin board with an area not exceeding 10Sq.m. Provided the height does not exceed 1.5m.

c. ‘For sale’ or ‘for rent’ signs for real estate, not exceeding 2 Sq.m in area provided they are located on the premises offered for sale or rent.

ii. Residential Zones with shop lines: Non-flashing business sign placed parallel to the wall and not exceeding 1 m in height per establishment.

C. Prohibition of advertising signs and outdoor display structures in certain cases: Notwithstanding the provisions of sub-regulations of A & B, no advertisement sign or outdoor display structures shall be permitted on buildings of architectural, aesthetic, historical or heritage importance as may be decided by the Local Authority on the advice of the Committee, including on Government buildings, save that in the case of Government buildings only advertising signs or outdoor display structures may be permitted if they related to the activities, purposes or related programmes of the said buildings. However, the signage should be approved by the Committee.

D. Provided that if the Committee so advises, the Local Authority shall refuse permission for any sign or outdoors display structure. Signs, outdoor display structures (including street furniture) will require the approval of the Committee, which may prescribe additional guidelines for the same.

13.15 Voluntary contribution and agreement with any voluntary organization, person or Company:

1) The Local Authority may receive voluntary contributions towards the cost of maintaining any heritage building and should manage such contributions for the purpose of preservation and conservation of such heritage building.

2) Subject to the prior approval of the Government, Local Authority may enter into any agreement with any person or voluntary organization or company, whether incorporated or not, willing to preserve and conserve any heritage building owned by Government on such terms and conditions as the Government may determine.

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