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 APPENDIX - VIII
REGULATIONS FOR HERITAGE STRUCTURES/SITES/PRECINCTS
(Regulation No. 3.4.3)
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1.0 Preamble: These regulations are imposed with a view to regulate and conserve the listed buildings, areas, artefacts, structures and precincts of historical and/or aesthetic and/or architectural and/or cultural value, i.e. heritage buildings and heritage precincts.
2.0 Applicability: These regulations will apply to those buildings, artifacts, structures and/or precincts of historical and/or aesthetic and/or architectural and/or cultural value (hereinafter referred to as listed building/heritage buildings and listed precincts/heritage precincts) Apart from the Vasai Fort, these shall also apply to heritage buildings / heritage precincts as may be listed in notification(s) to be issued by Government, from time to time.
3.0 Restriction on Development/Redevelopment/Repairs etc.
(i) No development or redevelopment or engineering operation or additions, alternations, repairs, renovation including the painting of buildings, replacement of special features or demolition of the whole or any part thereof or plastering of said listed/heritage buildings or listed/ heritage precincts shall be allowed except with the prior written permission of the Competent Authority. The Competent Authority shall act on the advice the Heritage Conservation Committee to be appointed by Government (hereinafter called "the said Heritage Conservation Committee")
Provided that in exceptional cases for reasons to be recorded in writing the Competent Authority may overrule the recommendation of the Heritage Conservation Committee.
(ii) Changes, repairs, additions, alterations and renovations required in respect of religious buildings, on religious grounds mentioned in sacred texts, or as a part of holy practices laid down in religious codes shall be treated as permissible, subject to their being in accordance and consonance with the original structure and architecture, designs, aesthetics and other special features thereof. However, before arriving at its decision, the Competent Authority shall take into consideration the recommendations of the Heritage Conservation Committee.
iii) The State Government shall by notification list the structures and sites having heritage values. The said list of buildings, artifacts, structures and precincts of historical, and/or aesthetic, and/or architectural and/or cultural value to which these regulations apply shall not form part of this Regulation for the purpose of Section 37 of the Maharashtra Regional and Town Planning Act, 1966. This list may be supplemented, altered, deleted or modified from time to time by Government on receipt of proposals from the Competent Authority or from the said Heritage Conservation Committee, or by Government suo-moto provided that before the list is supplemented, altered, deleted or modified, objections and suggestions from the public are invited and duly considered by the Competent Authority and/or by Government.
iv) Power to alter, modify or relax Regulations - With the approval of Government and after consultation with the said Heritage Conservation Committee, the Competent Authority shall have the power to alter, modify or relax the provisions of other Regulations of the Development Control Regulations applicable to and in force if it is needed for the conservation, preservation or retention of historical, aesthetical, cultural or architectural quality of any listed buildings/heritage buildings or listed precincts/heritage precincts.
v) Hearing etc. to persons likely to be affected shall be given in case any alterations modifications or relaxation of any of the provisions of the Development Control Regulations cause undue loss to the owner/lessee and to the public.
vi) Grant of compensation in cases of loss of Development Rights: - If any application for development is refused under this Regulation or conditions are imposed while permitting such development which deprive the owner/lessee of any unconsumed FSI the said owner/lessee shall be compensated by grant of market value to be determined by the divisional Deputy Director of Town Planning.
vii) Restrictive Covenants:- Restrictions existing as on date of this notification imposed under covenants, terms and conditions on the leasehold plots by State Government shall continue to be imposed in addition to Development Control Regulations. However, in case of any conflict with the heritage preservation interest, the stringent of the two regulations shall prevail.
viii) Grading of the Listed Buildings/Listed Precincts: In the said list of Heritage buildings, Heritage Precincts. "Grades" as I and II shall be mentioned. The meaning of these Grades and basic guidelines for development permissions are as follows :-
Listing does not prevent change of ownership or usage. However, such usage should be in harmony with the said listed precinct/building. Care will be taken to ensure that the development permission relating to these buildings is given without delay.
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MEASURES TO CONSERVE HERITAGE SITES
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Sr
No
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Grade - I
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Grade -II
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Grade - III
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A.
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Definition :
Heritage Grade-I comprises of buildings, and precincts of national or historical importance, embodying excellence in architectural style, design, technology and material/usage, they may be associated with a great historical event, personality, movement or institution. They have been and are the prime landmarks of the Sub Region.
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Heritage Grade-II comprises of buildings, and precincts of importance for townscape, they evoke architectural, aesthetic or sociological interest though not as much as in Heritage Grade-I. These contribute to determine the character of the locality, and can be representative of life style of a particular community or region and, may also be distinguished by setting on a street line or special character of the façade and uniformity of height, width and scale.
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Heritage Grade III Comprises of buildings, and precincts of importance for town scape; 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 life style of a particular community or region and, may also be distinguished by setting on a streetline, or special character of the façade and uniformity of height, width and scale.
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B.
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Objective :
Heritage Grade-I richly deserves careful preservation.
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Heritage Grade II deserves protection of unique features and attributes.
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Heritage Grade III deserves protection of unique features and attributes.
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C.
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Scope for Changes :
No interventions would be permitted either 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
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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 façade. Reconstruction may be allowed when the building is structurally weak or unsafe or when it has been affected by accidental fire or when any remedy other than reconstruction is not available. However, unless absolutely essential, nothing should spoil or destroy the special features or attributes for which it is placed in the Heritage List.
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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 façade. Reconstruction may be allowed when the building is structurally weak or unsafe or when 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 available.
However, unless absolutely essential, nothing should spoil or destroy any special features or attributes for which it is placed in the Heritage List.
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D.
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Procedure --
Development permission for the changes would be given by the Competent Authority on the advice of the Heritage Conservation Committee to be appointed by State Government.
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Development permission for changes would be given by the Competent Authority but in consonance with guidelines, which are to be laid down by Government in consultation with the Heritage Conservation Committee.
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Development permission would be given for changes by the Competent Authority itself but in consonance with guidelines, which are to be laid down by Government in consultation with the Heritage Conservation Committee.
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E.
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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 views from, Heritage Grade-I.
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ix) In addition to the area under Vasai Fort, a belt of 100m from this fort wall shall be considered as restricted area and any development in this area may be permitted by the Competent Authority on a case by case basis and as per the guidelines to be laid down by the Government in consultation with the Heritage Conservation Committee
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