Chapter 13Conservation of Heritage Sites Includingheritage Buildings, Heritage Precincts and Natural Feature Areas

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.

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

(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.

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.