The owner’s privileges to use his land are often affected by town planning measures. These measures have to operate within the following two limits, such that the land owner’s privileges and other interests in land or not adversely affected.
1.Planning measures must satisfy the constitutional requirement of procedure established by ‘law’, in that the regulation must be in the public interest, i.e., they must be directly related to public need, safety and morals or welfare.
2.Town planning measures must be in accordance with the provisions of a statute, which provides legal backing to the local government unity to draw its planning powers. The measures must not exceed the substantial planning powers delegated by the Act to the local planning unit and they must be adopted in accordance with the specified procedures. These are important aspects which should be followed strictly as otherwise courts may ‘strike down’ all the planning measures as unconstitutional. If procedures are not followed as set down under the rules and regulations, even the measures undertaken with good intentions may become ‘invalid’ under the law.
The input of legal aspects into the urban development and planning process is both a matter of politics, technicalities, and stakeholders. Through its profound implication for urban development, principles of law define the systems of urban government, establish the system of urban planning and regulation of land development, and delimit the powers of the urban planners as well as managers in order to regulate the use and exclude abuse of urban environment.
Another challenge is that the input of legal aspects into the urban development and planning process is not uniform:
“Principles of law” establish the context for urban planning and regulation of land development. Basic legal and political frameworks determine conditions under which urban management should be organised, urban reforms can proceed, and urban development processes are guided. These principles could and should be expanded by the social right to security as well as the functioning and maintenance of the vital societal functions as fundamental principles. Planning laws limit an owner’s rights in private property in order to secure benefits for the community as a whole.
| Legal aspect | Application | National level | Regional level | Local level |
| City development plan / functional zoning | The City Development Plan sets out a vision and overall strategy for the future development of a city, providing a framework through which new development proposals can be regulated and assessed. Such plans generally must be consistent with any national or regional strategic plans and any local plans must be consistent with the objectives of the City Development Plan. Planning must take into account spaces for roads, parking, and mass transport possibilities. Zoning (the regulation of building activity according to use and location) can facilitate this, such as locating high-rise, high-density establishments such as office and commercial buildings near transport centres. Urban density is also often regulated by the city planning authority through development management standards included in the Development Plan. | X | X | X |
| Development management standards | Development Management Standards are included in City Development Plans. Such standards provide criteria and guidance for developers on how a planning authority will assess planning applications. Such criteria typically include a land use zoning matrix (indicating the intended use of all lands within the boundaries of a plan area), site development standards (such as density, building / structure heights, building lines, infrastructural service standards, vegetation and landscape etc) and design principles (such as connectivity and permeability, sustainability, safety and legibility). | X |
| Legal aspect | Application | National level | Regional level | Local level |
| Allocation of recreational objects and resorts | Planning has always sought to incorporate nature and open space in urban areas and to ensure that the surrounding landscape is protected as far as possible. The motivations for this include health, recreation, amenity and aesthetics. Legal protection of green belts or ‘boundary buffer areas’ between towns, cities and the surrounding countryside has been established in many areas across India . Such green belts are often considered an important tool for urban planning to limit the potential for sprawl and to provide local communities with access to recreational and green areas. Requirements for recreational and open space within new developments are typically addressed through development control/management standards. In new developments (including houses, apartments, duplexes etc) it is generally required that all residents have access to private / semi private open space. Public open space is open space which makes a contribution to the public domain and is accessible to the public for the purposes of active and passive recreation, including relaxation and children’s play. | X |
| Legal aspect | Application | National level | Regional level | Local level |
| Safety | Issues of public safety are increasingly considered in planning processes. These issues concern various aspects, such as building safety, emergency management and safety to external threats. Building safety is included in building codes and building regulations (see below). With respect to emergency management, urban planning departments within city authorities have a legal obligation to facilitate first responders to react to emergencies. Urban planning must also ensure that new development proposals incorporate hazard risk mitigation measures. For example, City Development Plans are often required to establish the flood risk requirements for their functional areas. Planning authorities must assess development proposals in accordance with these established guidelines and any guidelines in place at a National level. With respect to external threat, for example mechanisms for flood risk identification, assessment and management are often included into the planning process through the preparation of best practice guidelines. City Development Plans and other spatial plans such as Local Area Plans must be consistent with these guidelines. In addition, earthquakes hazards, for example, may be mitigated by limiting building heights, or not constructing high structures in areas where there are known earthquake fault lines. | X | X | X |
| Legal aspect | Application | National level | Regional level | Local level |
| Building codes / building regulations | •Urban planners rely on the statutory role of the city development plan which will typically include a section on development management standards. This will be aligned with the relevant building code/building regulations for the design and construction of new buildings, extensions and material alterations to and certain changes of use of existing buildings. Building Regulations provide for, in relation to buildings, the health, safety and welfare of people, conservation of fuel and energy, and access for people with disabilities. The building code/regulations will typically set out minimum standards under the following types of areas: •Structure •Fire safety •Site preparation an resistance to moisture •Materials and workmanship •Sound •Ventilation •Hygiene •Drainage & waste water disposal •Heat producing appliances •Stairways, ladders , ramps and guards •Conservation of fuel and energy •Access for people with disabilities Building control authorities have powers to inspect design documents and buildings, as well as powers of enforcement and prosecution where breaches of regulations occur. There are heavy penalties, including fines and imprisonment, for breaches of regulations. | X |
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