The objective of this regulation shall be to conserve, regulate and manage buildings, artefacts, 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 Archaeological Survey of India and State Archaeology Department.
13.2Composition 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 13.1Composition of heritage conservation committee for Bengaluru:
1.
Commissioner, Bruhath Bengaluru Mahanagara Palike
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 / Archaeology 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 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 13.2Composition 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 / Archaeology 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
(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.
(b) The tenure of the Member of category (2) to (7) and (10) in table – 13.1 and 13.2 shall be for three years, provided that the same person shall be eligible for reappointment as Member.
(c) The quorum for the meeting of the Committee specified in table 13.1 and 13.2 shall be five 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 shall be granted under this Regulation and the condition under which permission may be accorded.
(ii) To prepare a list of buildings, artefacts, 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 Archaeology, 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.
13.3Procedure 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.
13.4Criteria 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 artefact
B
Building or artefact
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
E
Style
Historical
(f)
The unique value of building or architectural feature or artefact 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.
Heritage Grade-III deserves protection unique features and attributes.
Scope for changes-Interventions would be permitted to enter on the 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.
Grade-II. (A). Internal changes, and adaptive reuse will be generally allowed, but external 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.
External and internal changes and adaptive reuse would generally be allowed. Changes can include 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 shall spoil or destroy and special features or attributes for which it is placed in the Heritage List.
Procedure - Development permission for the changes would be given by the Planning Authority on the advice of the Heritage Conservation Committee to be appointed by State Government.
Development permission for the changes would be given by the Planning Authority in consultation with a sub-committee of the Heritage Conservation Committee
Development permission would be given for changes by the Planning Authority itself but in consonance with guidelines, which are to be laid down by Government in Consultation with Heritage Conservation Committee.
B. 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-1
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.
13.6Restriction on development / re-development / repairs, etc.
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 advice.
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.
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.
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.
13.8Regulations 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 shall 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 / re-development, etc., of heritage buildings / heritage precincts / listed natural features
13.9Road widening and building lines:
(1) 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.
(2) 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.
(3) No widening of the existing roads under the Karnataka Town and Country Planning Act,1961 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)
The extent of DRCs to be granted and used shall be determined by the rules specially framed for Transfer of Development Rights.
13.12Incentive 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.
13.13Maintaining 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.