Zoning Regulations and AP Planning Law

What to remember

• Zoning divides a town into zones. Each zone has permitted uses, and rules on density, height, plot coverage and open space.
• Plans go from broad to detailed: vision or perspective plan, master plan, zonal (development) plan, layout or detailed plan, and finally building permission.
• Planning law in Andhra Pradesh rests on the Town Planning Act, the Urban Areas (Development) Act, the Municipal Acts, the Metropolitan Region and Urban Development Authorities Act and the 74th Constitutional Amendment.

1. Why zoning is needed

Land is limited. If a factory, a school and a house are built side by side without rules, noise, smoke and traffic harm everyone. Zoning keeps incompatible uses apart and puts compatible uses together. It also helps the city to lay roads, water lines and drains in a planned way.

Main aims of zoning:

• Separate harmful uses (heavy industry) from homes.
• Control the density of people (how many persons per hectare).
• Control the height and bulk of buildings.
• Reserve land for parks, roads and public buildings.
• Protect water bodies, farm land and low-lying areas from wrong use.

2. Land use zones

A master plan divides the planning area into standard land use zones.

A mixed-use zone allows homes and some compatible business together. A buffer zone is a strip of land (often green) that separates two conflicting zones, for example an industrial zone and a residential zone.

3. Types of zoning

• Euclidean (conventional) zoning: land is divided by use. Simple, but strict.
• Incentive zoning: a builder gets extra floor area if he gives a public benefit, such as open space or housing for the poor.
• Inclusionary zoning: a part of the new housing must be kept for lower-income families.
• Performance zoning: a use is allowed if it meets set standards for noise, smoke or traffic, whatever the use.
• Form-based zoning: controls the shape and look of buildings and streets more than the use.
• Exclusionary zoning: rules that keep out some groups by high plot sizes or costs. It is considered unfair.

4. Development control terms

These are the key terms in every building rule. Learn the formulas.

Worked example 1. Plot area is 200 sq m. FAR allowed is 1.5. Total floor area permitted = 200 x 1.5 = 300 sq m.

Worked example 2. Plot area is 250 sq m and ground coverage allowed is 60 per cent. Maximum footprint = 250 x 60/100 = 150 sq m. If FAR is 2.0, total floor area is 500 sq m, so the building can have about 500/150 = 3.3 floors, that is three full floors plus a part.

Worked example 3. Plot is 20 m x 15 m. Front setback is 3 m and rear setback is 2 m along the 15 m side. The buildable depth is 15 - 3 - 2 = 10 m.

A non-conforming use is a use that existed before the zoning rule and does not match it. It is allowed to continue but not to expand. A variance is permission to depart from a rule in a hard case. Rezoning (change of land use) means changing the zone of a plot through a legal process with public notice.

5. The planning hierarchy

• 1. Perspective or vision plan: long-term direction (20 to 25 years) for growth.
• 2. Master (development) plan: the main land use plan for the whole planning area, with zoning regulations, road network and reserved sites.
• 3. Zonal development plan (or sector plan): detail for each part of the city.
• 4. Detailed layout plan or project plan: plots, roads and open spaces of a small area.
• 5. Building permission: approval for each building under building rules.

A master plan is prepared after surveys, draft publication, objections and suggestions from the public, and then approval by the State Government. It is reviewed after a fixed period, usually every ten years or so.

6. AP planning law

Constitutional base. The 74th Constitutional Amendment (1992) added Part IXA and the Twelfth Schedule. Urban planning including town planning is a function of urban local bodies. The Metropolitan Planning Committee (Article 243ZE) and the District Planning Committee (Article 243ZD) prepare draft plans.

Institutions. The Directorate of Town and Country Planning (DTCP) gives technical advice and approves layouts and master plans. Urban Development Authorities cover cities and their growing edges. Municipal bodies give building permission in their own area. In the ward secretariat system, the Ward Planning and Regulation Secretary helps the municipality to check plans, watch unauthorised construction, and see that layouts and buildings follow the rules.

Layouts. A layout is the division of land into plots with roads and open space. A private layout needs approval before plots are sold. A fixed share of land must be given for roads, parks and civic use, and it must be handed over to the local body. Selling plots in an unapproved layout is illegal. Government has from time to time offered layout regularisation schemes (LRS) and building penalisation schemes (BPS) to bring old unauthorised layouts and buildings into the legal system on payment of a fee. These are one-time measures.

Unauthorised construction. The municipality can serve a notice, stop work, seal the building or demolish it. Minor deviations may be compounded (regularised on a fee) if they are within allowed limits.

Exam traps

• FAR is for all floors together; ground coverage is only the footprint.
• A setback is open space left free, not the built area.
• Master plan is for the whole city; zonal plan is for a part; layout is for a small area.
• Inclusionary zoning keeps housing for the poor; exclusionary zoning keeps people out.
• A buffer zone separates two uses; it is not itself an industrial or residential zone.
• A non-conforming use may continue but cannot expand; a variance is a special permission.
• DTCP gives technical approval; the municipality gives building permission within its area.
• TDR gives extra development right elsewhere; it is not cash payment for land.

One-liners

• 1. FAR = total floor area divided by plot area.
• 2. Ground coverage is the footprint as a percentage of plot area.
• 3. The Twelfth Schedule includes urban planning including town planning.
• 4. Metropolitan Planning Committee is under Article 243ZE.
• 5. District Planning Committee is under Article 243ZD.
• 6. UDAs were created under the Urban Areas (Development) Act, 1975.
• 7. The Town Planning Act in AP dates from 1920.
• 8. A master plan is approved by the State Government after public objections.
• 9. Industrial zones are kept away from homes.
• 10. Setbacks give light, air and fire access.
• 11. TDR compensates an owner with extra floor area.
• 12. RERA 2016 requires registration of real estate projects.

Practice questions

1. In urban planning, the division of a city into areas with defined permitted uses is called

   1. contouring
   2. cadastral survey
   3. zoning
   4. levelling
   Answer

   C. zoning

   Zoning means dividing land into zones with set uses.

2. Floor Area Ratio (FAR) is the ratio of

   1. plot area to built-up road area
   2. total floor area of all floors to plot area
   3. carpet area to built-up area
   4. ground floor area to total floor area
   Answer

   B. total floor area of all floors to plot area

   FAR = total floor area / plot area.

3. A plot has area 300 sq m and permitted FAR is 1.75. The maximum total floor area is

   1. 475 sq m
   2. 300 sq m
   3. 175 sq m
   4. 525 sq m
   Answer

   D. 525 sq m

   300 x 1.75 = 525 sq m.

4. A plot of 400 sq m has ground coverage limit of 50 per cent. The maximum footprint is

   1. 200 sq m
   2. 450 sq m
   3. 350 sq m
   4. 50 sq m
   Answer

   A. 200 sq m

   400 x 50/100 = 200 sq m.

5. The open distance left between a building and the plot boundary is called

   1. cantilever
   2. offset
   3. setback
   4. plinth
   Answer

   C. setback

   Setbacks are open spaces on the front, rear and sides.

6. A strip of land used to separate an industrial zone from a residential zone is a

   1. semi-public zone
   2. buffer zone
   3. transport zone
   4. commercial zone
   Answer

   B. buffer zone

   Buffer zones separate conflicting uses.

7. Which Constitutional Amendment placed urban planning among the functions of urban local bodies?

   1. 44th Amendment
   2. 42nd Amendment
   3. 73rd Amendment
   4. 74th Amendment
   Answer

   D. 74th Amendment

   The 74th Amendment added Part IXA and the Twelfth Schedule.

8. The Metropolitan Planning Committee is provided for in Article

   1. 243W
   2. 243ZD
   3. 243ZE
   4. 243Q
   Answer

   C. 243ZE

   Article 243ZE provides for the Metropolitan Planning Committee.

9. The District Planning Committee is provided for in Article

   1. 243ZD
   2. 243ZA
   3. 243R
   4. 243ZE
   Answer

   A. 243ZD

   Article 243ZD relates to the District Planning Committee.

10. Urban Development Authorities in Andhra Pradesh were created under the

    1. Andhra Pradesh Panchayat Raj Act, 1994
    2. Andhra Pradesh (Urban Areas) Development Act, 1975
    3. Land Acquisition Act, 1894
    4. Andhra Pradesh Town Planning Act, 1920
    Answer

    B. Andhra Pradesh (Urban Areas) Development Act, 1975

    The 1975 Act created UDAs to prepare master plans.

11. The older Andhra Pradesh law on town planning schemes dates from

    1. 1920
    2. 1975
    3. 1947
    4. 1994
    Answer

    A. 1920

    The Town Planning Act is from 1920.

12. Which of the following is the correct order from the broadest to the most detailed plan?

    1. Layout plan, zonal plan, master plan, perspective plan
    2. Zonal plan, perspective plan, layout plan, master plan
    3. Perspective plan, master plan, zonal plan, layout plan
    4. Master plan, perspective plan, layout plan, zonal plan
    Answer

    C. Perspective plan, master plan, zonal plan, layout plan

    Planning moves from vision to detail.

13. In zoning, a use that existed before the rule and does not match it, but is allowed to continue, is called a

    1. incentive
    2. non-conforming use
    3. variance
    4. buffer
    Answer

    B. non-conforming use

    Non-conforming uses continue but may not expand.

14. Permission to depart from a zoning rule in a case of hardship is called a

    1. TDR
    2. rezoning
    3. setback
    4. variance
    Answer

    D. variance

    A variance is a special relaxation for a hard case.

15. Zoning that gives extra floor area to a builder who provides a public benefit is

    1. Euclidean zoning
    2. incentive zoning
    3. exclusionary zoning
    4. performance zoning
    Answer

    B. incentive zoning

    Incentive zoning trades extra area for public benefit.

16. Zoning that requires a share of new housing to be kept for lower-income families is

    1. exclusionary zoning
    2. form-based zoning
    3. inclusionary zoning
    4. agricultural zoning
    Answer

    C. inclusionary zoning

    Inclusionary zoning keeps housing for lower-income groups.

17. Zoning that allows any use that meets set limits of noise, smoke and traffic is

    1. performance zoning
    2. form-based zoning
    3. Euclidean zoning
    4. incentive zoning
    Answer

    A. performance zoning

    Performance zoning is based on effects, not on use labels.

18. Zoning mainly based on the shape and look of buildings and streets is

    1. inclusionary zoning
    2. Euclidean zoning
    3. performance zoning
    4. form-based zoning
    Answer

    D. form-based zoning

    Form-based codes regulate built form.

19. Transfer of Development Rights (TDR) gives the land owner

    1. a free plot in a layout
    2. a right to build extra floor area elsewhere
    3. ownership of public roads
    4. a tax holiday on the plot
    Answer

    B. a right to build extra floor area elsewhere

    TDR compensates the owner in development rights.

20. Which zone normally gets the largest share of land in a city master plan?

    1. Residential
    2. Recreational
    3. Industrial
    4. Commercial
    Answer

    A. Residential

    Residential use occupies the largest share.

21. Schools, hospitals and government offices are placed in the

    1. industrial zone
    2. agricultural zone
    3. public and semi-public zone
    4. buffer zone
    Answer

    C. public and semi-public zone

    These are institutional uses.

22. A plot is 20 m x 15 m. The front setback is 3 m and the rear setback is 2 m along the 15 m side. The buildable depth is

    1. 15 m
    2. 8 m
    3. 12 m
    4. 10 m
    Answer

    D. 10 m

    15 - 3 - 2 = 10 m.

23. A plot of 250 sq m has FAR 2.0 and ground coverage 50 per cent. The number of full floors that can be built on the permitted footprint is

    1. 2
    2. 3
    3. 4
    4. 5
    Answer

    C. 4

    Footprint 125 sq m; total area 500 sq m; 500/125 = 4 floors.

24. A 150 sq m building footprint is built on a plot of 300 sq m. Ground coverage is

    1. 150 per cent
    2. 50 per cent
    3. 75 per cent
    4. 25 per cent
    Answer

    B. 50 per cent

    150/300 x 100 = 50.

25. A total floor area of 450 sq m is built on a plot of 300 sq m. The FAR used is

    1. 1.5
    2. 1.0
    3. 2.5
    4. 0.67
    Answer

    A. 1.5

    450/300 = 1.5.

26. Who gives technical approval of layouts and master plans in the state planning machinery?

    1. State Election Commission
    2. Public Service Commission
    3. Survey of India
    4. Directorate of Town and Country Planning
    Answer

    D. Directorate of Town and Country Planning

    DTCP is the technical planning department.

27. The Twelfth Schedule includes which of the following functions?

    1. Police and public order
    2. Currency and coinage
    3. Defence
    4. Urban planning including town planning
    Answer

    D. Urban planning including town planning

    Urban planning is item 1 of the Twelfth Schedule.

28. Which Act requires real estate projects and agents to register with a state authority?

    1. Indian Contract Act, 1872
    2. Transfer of Property Act, 1882
    3. Real Estate (Regulation and Development) Act, 2016
    4. Registration Act, 1908
    Answer

    C. Real Estate (Regulation and Development) Act, 2016

    RERA 2016 protects home buyers.

29. One-time schemes that bring old unauthorised layouts into the legal system on payment of a fee are called

    1. zonal tax schemes
    2. layout regularisation schemes
    3. slum clearance schemes
    4. land pooling bonds
    Answer

    B. layout regularisation schemes

    LRS regularises unapproved layouts.

30. Consider the statements. 1. Ground coverage includes the area of all floors. 2. FAR is the ratio of total floor area to plot area. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Ground coverage is only the ground footprint; FAR covers all floors.

31. Consider the statements. 1. A buffer zone separates conflicting land uses. 2. A master plan covers the whole planning area. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both statements are correct.

32. Consider the statements. 1. A non-conforming use must be demolished at once. 2. A non-conforming use may continue but not expand. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Existing non-conforming uses are normally allowed to continue.

33. Consider the statements. 1. Industrial zones are usually kept away from residential areas. 2. Setbacks provide light, air and fire access. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are standard planning principles.

34. Consider the statements. 1. Selling plots in an unapproved layout is legal. 2. Layouts need approval of the competent authority. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Unapproved layouts are illegal to sell; approval is needed.

35. Consider the statements. 1. The Metropolitan Planning Committee is under Article 243ZE. 2. The District Planning Committee is under Article 243ZD. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both articles are correctly matched.

36. Consider the statements. 1. Exclusionary zoning is meant to help the poor find housing. 2. Inclusionary zoning keeps part of new housing for lower-income families. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Exclusionary zoning keeps groups out; inclusionary helps include them.

37. Consider the statements. 1. TDR is paid in cash only. 2. TDR gives development rights that can be used elsewhere. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    TDR is paid in extra floor area, not only cash.

38. Consider the statements. 1. Minor deviations may be compounded on a fee if within limits. 2. The municipality has no power to stop illegal construction. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Municipalities can serve notice, seal or demolish.

39. Match the zone with its typical use. P. Recreational Q. Transportation R. Industrial 1. Factories 2. Bus stations 3. Parks

    1. P-3, Q-2, R-1
    2. P-1, Q-2, R-3
    3. P-3, Q-1, R-2
    4. P-2, Q-3, R-1
    Answer

    A. P-3, Q-2, R-1

    Recreational: parks; transportation: bus stations; industrial: factories.

40. Match the term with its meaning. P. FAR Q. Setback R. Density 1. Open distance from boundary 2. Persons per hectare 3. Floor area / plot area

    1. P-2, Q-1, R-3
    2. P-1, Q-3, R-2
    3. P-3, Q-2, R-1
    4. P-3, Q-1, R-2
    Answer

    D. P-3, Q-1, R-2

    FAR is floor area over plot area; setback is open distance; density is persons per hectare.

41. Match the law with its subject. P. 1975 Act Q. 1920 Act R. 2016 RERA 1. Town planning schemes 2. Urban Development Authorities 3. Registration of real estate projects

    1. P-2, Q-1, R-3
    2. P-1, Q-2, R-3
    3. P-3, Q-1, R-2
    4. P-2, Q-3, R-1
    Answer

    A. P-2, Q-1, R-3

    1975 Act created UDAs; 1920 Act is town planning; RERA registers projects.

42. Which of these is NOT normally a purpose of zoning?

    1. Separating harmful uses from homes
    2. Controlling building height
    3. Reserving land for parks
    4. Fixing the price of land in the market
    Answer

    D. Fixing the price of land in the market

    Zoning controls use and form, not market price.

43. The Ward Planning and Regulation Secretary mainly helps the municipality to

    1. conduct census enumeration
    2. issue driving licences
    3. collect agricultural income tax
    4. check building plans and watch unauthorised construction
    Answer

    D. check building plans and watch unauthorised construction

    The role is linked to planning and regulation in the ward.

44. A master plan is normally reviewed

    1. every month
    2. only when a court orders
    3. never, once approved
    4. after a fixed period, usually about ten years
    Answer

    D. after a fixed period, usually about ten years

    Master plans are revised periodically.

45. Minor deviations from sanctioned plans that fall within limits can be

    1. compounded (regularised) on payment of a fee
    2. ignored without any action
    3. punished only by imprisonment
    4. approved by the neighbours
    Answer

    A. compounded (regularised) on payment of a fee

    Compounding is allowed for minor deviations.