Development Control Regulations are a set of rules that are planned to ensure the proper and effective development of a city, as well as the general welfare of the public. Regulation is necessary to ensure planned development. It depends on a “plan-led system” whereas development plans are made and the public is consulted.
It is a mechanism that controls the development and use of land. This involves the construction of new buildings, the extension of the existing ones, and the change of use of the building or land to another use. Developing new houses/industrial buildings/shops are important for supporting economic progress. At the same time, it is also necessary to protect or improve the quality of towns, villages, countryside, etc.
Objectives of the DCR 1.To stop the unfavorable demand and misuse of land. 2.To assist private interest along with public interest in all phases of development. 3.Development control is legal in nature and the planning authority has the power to punish the defaulters. 4.To control and limit overcrowding on land. 5.To control the private development as per the required rules in connection to public safety, health, and convenience.
Types of Development Controls Regulations in india 1.Town and Country Planning Act 2.Building Bye-laws 3.Land Acquisition Act 4.Zoning Regulations 5.Slum Clearance Act 6.Periphery Control Act
A number of factors that contribute to non−compliance of the development
control regulations in India are as follows–
1.Failure of planning process to take account of ground realities and reset the planning guidelines, thus resulting in supply side shortages in terms of legitimate spaces for various land uses.
● 2.Weak enforcement machinery is responsible for the non-implementation of building laws and regulations. Implementation of development policies has been characterised by delays and poor execution of projects and programmes by nodal service providing agencies, lack of institutional and inter-sectoral coordination framework for development planning and the inadequate participation by the beneficiary population.
3.Unrealistic and cumbersome regulations including complex development control norms and building byelaws along with long drawn approval.
● 4.Absence of proper standing of institutional mechanism for seeking justifiable modifications/ relaxations vis-a-viz the existing building code and land use regulations. In recent years, there has been considerable debate and criticism levelled at the management of local government and legal system as it does not provide for quick and apt resolutions of building violation issues, which result in delays and misuse of the system.
●There are ways that can improve the enforcement of development regulations and are listed below: •
•Simplification of development control requirements by simplifying procedures and introducing appropriate policies/ zoning regulations while safeguarding the health and environment and not damaging the economic base of the activities concerned.
•Revisiting the principles on which development control is based. As in case of zoning systems, certainty for developers is achieved at the cost of inflexibility for unforeseen demands and needs; while in discretionary systems flexibility to accommodate rapid and unforeseen changes comes at the cost of uncertainty and greater opportunities for corruption. It has been recommended that a system needs to be evolved to achieve a workable compromise between these principles. •
•Strengthening the enforcement capacity to monitor and take action on illegal developments and violations of development controls. In order to improve the efficiency and effectiveness of development controls, it is important that rather than devoting resources to improving the quality of urban spatial plans and development regulations, urban managers should concentrate on governance. It is necessary to make the whole system of plan formulation and implementation more dynamic and responsive to changes. For this, the planning legislation will have to be modified, updated and made more citizens friendly.
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Planning Legislations Study notes for M. plan Sem-II
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