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Development Authority Bye-laws for Conservation of Heritage Sites

Published vide Notification No. 104/8-3-16-14-Vividh-08, dated 20.1.2016, published in the U.P. Gazette, Extraordinary, Part 4, Section (Kha), dated 20.1.2016, pp. 13-23

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(a) The Ancient Monuments and Archaeological Sites and Remains Act, 1958 and rules made thereunder;

(b) The Uttar Pradesh Ancient and Historical Monuments and Archaeological Sites and Remains Preservation Act, 1956 (U.P. Act No. VII of 1957).

(a) 'Act' means the Uttar Pradesh Urban Planning and Development Act, 1973;

(b) 'Adaptation' means modifying a place to suit proposed compatible uses;

(c) 'Alteration' means a change from one type of occupancy to another, or structural change, such as an addition to the area or height, or the removal of part of a building or any change to the structure, such as the construction of, cutting into or removal of any wall, partition, column, beam, joints, floor or other support, as a change to or closing of any required means of ingress or egress or a change to the fixtures or equipment;

(d) 'Authority' means the Development Authority;

(e) 'Building' includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;

(f) 'conservation' means the process of managing change to a heritage site in its setting in ways that will best sustain its heritage values, while recognizing opportunities to reinforce those values, for present and future generations. It includes maintenance and preservation, restoration, re-construction or adaptation;

(g) 'Development' with its grammatical variations, means the carrying out of building, engineering, mining or other operations, in, on, over or under the land, or the making of any material change in any building or land, and includes redevelopment, or in the use of any building or land or change to a heritage site including any material or structural change in or painting of any heritage building, or in a heritage precinct or on a listed natural feature and includes demolition of any existing building, structure of erection or part of such building, structure or erection, and reclamation, redevelopment and layout and sub-division of any land and 'to develop' shall be construed accordingly;

(h) 'Development Right' means a right to carry out development or to develop the larrd or building or both;

(i) 'Floor Area Ratio' means the quotient obtained by dividing the total covered area (plinth area) on all floors by the area of the plot;

(j) 'Government' means Government of Uttar Pradesh;

(k) 'Grading' means the process by which the levels of intervention permissible are determined in preserving, maintaining or upgrading the heritage sites;

(l) 'Height of Building' means the vertical distance measured in the case of flat roofs, from the average level of the ground around and contiguous to the building or as decided by the Authority to the terrace of last livable floor of the building adjacent to the external walls; and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof; and in the case of gables facing the road, the midpoint between the eaves level and the ridge. Height of the building shall also include mumty, machine room, overhead tank, A.C. installations, etc. if any, which may obstruct the skyline of the heritage building;

(m) "Heritage buildings" means buildings, artefacts, structures of historical or archaeological or aesthetic or architectural or cultural or environmental significance which are included in a list(s) published by a notification in the Official Gazette by the Government from time to time;

(n) "Heritage precincts" means streets and spaces including, those around a heritage building or a group of such buildings of which they are part and parcel which are included in a list(s) published by notification in the Official Gazette, by the Government from time to time;

(o) 'Heritage Sites' means those buildings, artefacts, structures, streets, areas and precincts of historic or archaeological or aesthetic or architectural or cultural or environmental significance and those natural features of environmental significance and sites 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 which are listed in a notification to be issued by the Government from time to time.

(p) 'Heritage Conservation Committee' means a district level Committee constituted under bye-law-20;

(q) "Listing" means an archaeological or other systematic study or documentation of a heritage site to reveal its history and other special features and shall include the recording and analysis artefacts, features and other material necessary for the purpose of determining the heritage value or environmental significance;

(r) "Listed natural features" means those natural features of environmental significance and sites of scenic beauty including, but not restricted to, sacred groves, mountains, hills, hillocks, tablelands, sand dunes, deserts, lakes, rivers, other water-bodies and wetlands (and the areas adjoining the same), open areas, wooded areas, point, walks, rides, bridle paths, etc., which are included in a list(s) published by a notification in the Official Gazette by the Government;

(s) 'Owner' means person or a body having a legal interest in land and/or building thereon. This includes freeholders, leaseholders, tenants or those holding a sublease with both (sic which) bestows a legal right to occupation and gives rise to liabilities in respect of safety of building conditions.

(t) 'Preservation' means maintaining the fabric of a place in its existing state and retarding deterioration;

(u) 'Property' means the land and or building on any plot situated within area of the Authority;

(v) 'Prohibited Area' or 'Regulated Area' means an area near or adjoining a protected monument which the Central or State Government has, by notification in the Official Gazette, declared to be a prohibited area, from as the case may be, a regulated area, for purpose of mining operation or construction or both;

(w) 'Restoration' means returning the existing fabric of a place to a known earlier state by removing accretions or by reassembling existing components without introducing new materials;

(x) 'Vice-Chairman' means the Vice-Chairman of the Authority.

(i) Permission not required

•   Construction and repair of roads, lanes and footpaths.

•   Construction of drain and laying of sewage pipes.

•   Construction of water supply network and electrification.

•   Construction of septic tank/soak pit.

•   Installation of hand pump.

•   Construction of recharge trench for rainwater harvesting.

•   Landscaping in accordance with original form.

•   Installation of lift (In Grade III heritage sites).

•   Beautification of the premises by gardening, lighting and fountains.

(ii) Prohibited

•   Demolition (part of whole) and reconstruction.

•   Change in the exterior facade.

•   Alteration or addition including structural changes (In Grade I heritage sites).

•   Removal or alteration of carvings and paintings.

(iii) Permitted by Authority

•   Strengthening of structure.

•   Renovation without changing the original exterior/facade.

•   Construction of boundary wall in harmony with heritage site.

•   Installation of internal lift.

•   Installation of solar water heating system/solar power plant/fire safety equipments.

•   Alteration or addition including structural changes (In Grade II and Grade III heritage sites).

•   Internal changes and adoptive re-use (In Grade II and Grade III heritage sites).

•   New doors and windows on internal/external walls (In Grade II and Grade III heritage sites).

•   Extension and addition in the same compound if it is in harmony with existing heritage building (In Grade II-B and Grade III heritage sites).

•   All other works not mentioned in (I) and (II) above.

Note. - These works may be permitted on the recommendation of a technical committee constituted for this purpose, one member of which shall compulsorily by a Conservation Architect. The committee will submit its recommendation to Vice-Chairman after site inspection within a period not exceeding four weeks.

(a) National Building Code to apply - The display or advertising signs and outdoor display structures on buildings and land shall be in accordance with Part 10, Signs and Outdoor Display Structures, National Building Code of India.

(b) Additional Conditions - In addition to clause (a) above, the following provisions shall apply to advertising signs in different land use zones -

(i) Residential Zone: The following non-flashing neon signs with illumination not exceeding 40 watt light -

(A) One name plate 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 10 sq. m. provided the height does not exceed 1.5 m.

(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 Shops: Not flashing business signs placed parallel to the wall not exceeding 1.0 m. in height per establishment.

(iii) Commercial Zones: Flashing or non-flashing business signs parallel to the wall not exceeding 1.0 m. in height provided such signs do not face residential buildings.

(c) Prohibition of advertising signs and outdoor display structures in certain cases - Notwithstanding the provisions of sub-bye-laws of (a) and (b), no advertising sign or outdoor display structure shall be permitted on building of architectural, aesthetic, historical or heritage importance as may be decided by the Authority with previous approval of the Government on the advice of the Heritage Conservation Committee or on Government buildings, save that in the case of Government buildings only advertising signs or outdoor display structures may be permitted if they relate to the activities for the said buildings' own purposes or related programmes.

(d) Provided that if the Heritage Conservation Committee so advises, the Vice-Chairman shall refuse permission for any sign or outdoor display structure.

(e) The Authority with previous approval of the Government may on the advice of the Heritage Conservation Committee add to, alter or amend the provisions of sub-bye-laws (a), (b) and (c) above.

Note. - (a) The Committee shall have the powers to co-opt up to five additional members who may have lesser experience, but who have special knowledge of the subject matter:

Provided that the additional members may be co-opted for special purposes;

(b) The tenure of the Members of category (c), (d), (e) and (J) above shall change after every three years provided however that the same person shall be eligible for reappointment as Member.

(a) to advise the Vice-Chairman whether development permission should be granted under these bye-laws and the conditions of such permission;

(b) to prepare a supplementary list of heritage sites, which include buildings, artefacts, structures, streets, areas, precincts of historic, aesthetic, architectural, cultural, or environmental significance and a supplementary list of natural features of environmental significance 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 etc. to which these bye-laws would apply;

(c) to advise whether any relaxation, modification, alteration, or variance of any of the building bye-laws is called for under sub-bye-law 8;

(d) to frame special bye-laws for precincts and if necessary for natural features to advise the Authority regarding the same;

(e) to advise in terms of sub-bye-law 12 whether to allow commercial/office, hotel uses in the (name the areas) and when to terminated the same;

(f) to advise the Vice-Chairman in the operation of sub-bye-law 19 to regulate or eliminate/erection of outside advertisements/bill boards/street furniture;

(g) to recommend to the Vice-Chairman guidelines to be adopted by those private parties or public/Government agencies who sponsor beautification schemes at public intersections and elsewhere;

(h) to advise the Vice-Chairman to evaluate the cost of repairs/maintenance to be given to owners to bring the existing buildings back to the original condition. For this purpose the Committee may also try to help the Authority to raise funds through private resources;

(i) to prepare 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 materials for replacements keeping the old form intact to the extent possible.

(j) to prepare guidelines relating to design elements and conservation principles to be adhered to, and to prepare other guidelines for the purposes of these bye-laws;

(k) to advise the Vice-Chairman 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;

(l) to appear before the Government either independently or through or on behalf of the Vice-Chairman in cases of Appeals.