Andhra Pradesh Capital Region Development Authority Act, 2014
Chapter VII PLANNING PROCESS
Chapter VII PLANNING PROCESS
38. Preparation of development plans for the capital region
Subject to the provisions of the Act, the Authority shall,- (1) Within one year of its constitution or within such time as the Authority may extend, prepare a perspective plan for the capital region and more specifically capital city area incorporating the infrastructure plan in the manner prescribed by standing orders. (2) Within two years of its constitution or within such time as the Authority may extend, prepare a concept master plan for the capital region, and detailed master plans for the capital city area and such other areas as are deemed necessary along with the infrastructure plans in the manner prescribed by standing orders. In particular, the plans shall provide proposals and policies, so far as may be necessary, for all or any of the following matters, namely,- (a) for designating the use of the land for residential, industrial, commercial, agricultural and recreational purposes; (b) for the reservation of land for public purpose, such as schools, colleges, and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres and places for public entertainment, public assembly, museums, art galleries, religious buildings, play-grounds, stadium, open spaces, dairies and for such other purposes as may, from time to time, be specified by the Authority; (c) for designation of areas for zoological gardens, green belts, natural reserves and sanctuaries; (d)for transport and communications, showing ring/radial/grid roadsconnecting all settlements, metro/mono rail, bus rapid, transit routes, highways, parkways, railways, waterways, canals and airport, including their extension and development, traffic and transportation, transit oriented development, and mass transportation facilities; (e) for water supply, storm water drainage, sewage disposal, other public utility amenities and services including supply or electricity and gas; (f) for reservation of land for community facilities and services; (g)for designation of sites for service industries, industrial estates and any other industrial development on an extensive scale; (h for preservation, conservation and development of areas of natural scenery and landscape enhancing greenery, urban landscape implementation in capital region and individual plots, riverfront development and/or lake or water front development; (i) for water conservation, watershed management, water harvesting, recharge of ground water, flood control, and prevention of air, water and river pollution; (j) for preservation of features, structures or places of historical, natural, architectural or scientific interest and of educational value; (k) proposals and policies for promoting housing and community facilities for all sections of society; (l) for promoting urban design and built form with aesthetics and architectural control for over all development and individual plots; (m) for the reservation of land for the purpose of Union, any State, local body or any other authority or body established by or under any law for the time being in force; (n) for the filling up or reclamation of low lying, swampy or unhealthy areas or levelling up of land; (o) provision for controlling and regulating the use and development of land within the development area, including imposition of conditions and restrictions in regard to the open space to be maintained for buildings, the percentage of building area for a plot, maximum floor space index, the locations, number, size, height, number of stories and character of buildings and density of built up area allowed in specified area, the use and purposes to which a building or specified areas of land may or may not be appropriated, the sub-divisions of plots, the discontinuances of objectionable uses of land in any area in any specified periods, parking spaces, loading and unloading space for any building and the sizes of projections and advertisement signs and hoardings and other matters as may be considered necessary for carrying out the objects of this Act; (p) provisions for preventing or removing pollution of water or air caused by the discharge of waste or other means as a result of the use of land; (q) such other proposals for public or other purposes as may from time to time be approved by the Authority or as may be directed by the State Government in this behalf. (3) Undertake detailed area development plans for the capital city area as well as for the rest of the capital region covering all the matters at sub-section (2), and enforce development regulations in those areas for the purpose of securing planned development. (4) Undertake surveys and studies in the capital region, create and maintain the data base and information system required for collection and/or use of such information, and prepare reports, projects, plans and maps; and associate advisors, consultants as may be necessary for such purposes. (5) Review and revise the perspective plan, the master plans, area development plans, or any other plans. (6) After the coming into operation of an area development plari, the approved perspective plan of the same area shall stand modified or altered to the extent the proposals in the development plan are at variance with the perspective plan.
Chapter VII PLANNING PROCESS
39. Process of approval of plans
(1) After preparing a plan under section 38, the Authority shall notify the same in such form and manner as may be prescribed along with a notice in the prescribed manner, inviting objections or suggestions from any person or body giving a time period of thirty days. (2) A development plan shall show in distinguishing prescribed colours the area or sites and the uses to which they are proposed to be put, and cover the following details, namely,- (a) a statement indicating broadly the uses to which lands in the area covered by the plan are proposed to be put and any survey carried out for the preparation of the draft development plan; (b) maps, charts and statements explaining the provisions of the draft development plan; (c) the draft regulations for enforcing the provisions of the draft development plan; (d) procedure explaining the manner in which permission for developing any land may be obtained from the Authority; and (e) a statement of the stage of development by which it is proposed to meet any obligation imposed on the Authority by the draft development plan: Provided that any of the aforementioned items may be modified by the Authority. (3) After considering all objections, suggestions and representations that may have been received in writing or through electronic mail, the Authority may make modifications or revision to the plans in such manner as it thinks fit, and sanction with draft policies, development promotion regulations and reports. (4) When the modifications in the draft plan are of an extensive or of a substantial nature, the said Authority shall publish the modifications in the Official Gazette along with a notice in the prescribed manner inviting suggestions or objections from any person with respect to the proposed modifications within a period of thirty days from the date of publication of such notice and thereupon, the provisions of sub-section (1) shall apply in relation to such suggestions or objections. (5) The Authority shall within thirty days sanction the said plans with or without modifications. (6) The sanction accorded by the Authority shall be notified in the official Gazette and the plans shall come into force from the date of publication.
Chapter VII PLANNING PROCESS
40. Power to undertake preparation of area development Plans
(1) Subject to overall conformity with the perspective plan, master plan, and infrastructure plan, the Authority or the respective Local bodies under the guidance of the Authority, may undertake the preparation of area development plans for any of the provisions as stated at sub-section (2) of section 38 with a time span of five to ten years. (2) The Local body shall submit the said area development plans prepared for its jurisdiction, after calling for objections, suggestions and representations, along with the resolution of the local body to the Authority for approval. (3) The sanction accorded by the Authority shall be notified in the Official Gazette and the plans shall come into force from the date of publication.
Chapter VII PLANNING PROCESS
41. Modification to the sanctioned development plans
(1) The Authority may, on a reference from the Local body concerned, make such modifications to the sanctioned perspective plan, master plan and infrastructure plan, or area development plan as it thinks fit and which in its opinion are necessary. (2) The Commissioner or the Chief Executive of the Local body, as the case may be, shall prepare a report together with the plan and full particulars of any such modification. (3) Before making any modifications to the development plans, the Authority, shall publish a notice inviting objections or suggestions from the public giving a time period of fifteen days from the date of publication of the notice and shall hear all objections and suggestions. (4) After due consideration of the objections and suggestions received, the final modification made under the provisions of this section shall be published in the Andhra Pradesh Gazette, and the final modifications shall come into operation from the date of publication of such notification. (5) The Authority shall levy such fees and charges including development charges and conversion charges as applicable and as may be prescribed in any such modification effected to the sanctioned development plan from the land owners at whose instance the modifications are effected or who will have the advantage due to such modifications. These charges shall take into account the benefits that would accrue to the land owners from the change and shall seek to capture some share of the increased land value.
Chapter VII PLANNING PROCESS
42. Enforcement of the sanctioned plans
(1) The plans sanctioned under section 38, shall be binding on all the local bodies, all organizations and the residents in the capital region. (2) The guidelines, polices, specifications and targets regarding affordable housing as proposed in the said sanctioned plans shall be implemented by the local bodies within the capital region. (3) The Local bodies shall be responsible for the implementation of the sanctioned plans in the development area under the overall control of the Commissioner.
PDF: pending for this language.