Section 16 in Tamil Nadu Combined Development and Building Rules, 2019
16. Designation of use in Master Plan or Detailed Development Plan.
(1)Where use of a site or premises is specifically designated not broad land use zoning in the Detailed Development Plan or Master Plan, it shall be used only for the specific purpose so designated, unless the land use of the site is varied as provided in the Act.(2)Where the use of the site or premises is not specifically designated in the Detailed Development Plan or Master Plan, it shall be used for the uses or activities permissible in the land use zone in which the site or premises falls as per the Detailed Development Plan or Master Plan.Provided that a non-conforming use (i.e). an use which are not permissible under these rules, shall not be extended or enlarged at the site.Explanation. - Improvements to building or machinery intended to make the operations more economical, cleaner, less noisy and to provide amenities to workers which do not add to the manufacturing capacity as may be specially approved by the Authority shall not be deemed to be extension or enlargement:Provided that it will be open to the authority to order at any time the discontinuance or continuance subject to such restrictions and conditions as may be imposed by on an existing use, which is non-conforming.(3)Where for an area both Master Plan and Detailed Development Plan are sanctioned, the designated use shall be as shown in the latest development Plan.(4)Where for an area, a Detailed Development Plan has been prepared and the consent has been given under sub-section-11 of section 9D or section 27 of the Act, the provisions of that Detailed Development Plan shall apply.(5)Where for an area, a detailed lay-out plan for land development has been prepared and approved by the competent Authority or such other authority of local body or Agency or person or which the power has been delegated by the Authority, the land use shown on such Lay-out Plan shall be applicable and the developments in the area shall be regulated according to these regulations:Provided that if the layout plan was approved prior to 5.8.1975 in case of Chennai Metropolitan Area and prior to the date on which the publication of notification of Master Plan in the Tamil Nadu Government Gazette for rest of the State, the higher order land use zoning of Master Plan or Detailed Development Plan shall be applicable for the plot.Provided further that if land use is varied under section 32 sub-section (4)of the Act, subsequent to approval of the Master Plan, Detailed Development Plan or the layout as the case may be then the reclassified land use is applicable for such land.(6)In areas designated for Primary Residential and/or Mixed Residential Use zone in the Master Plan or Detailed Development Plan. Sites abutting and gaining access from roads of width 18m. and above are deemed to have been zoned for Commercial use zone.(7)In addition to the areas declared as 'Economically Weaker Section' areas in the Master Plan or Detailed Development Plan all areas set apart for Housing of Economically Weaker Section in the sanctioned Schemes by Tamil Nadu Housing Board and areas declared as Slums by Tamil Nadu Slum Clearance Board, slums improved by Tamil Nadu Slum Clearance Board under Slum Improvement Scheme projects and also the Economically Weaker Section plots in the approved layouts are deemed to have been declared as 'Economically Weaker Section' areas.(8)When a site falls in different land use zones, then developments in that site shall be made with reference to its conformity in each of the land use zones the site comprises.(9)Where more than one activity is existing or proposed in a building or a site, the space regulations that govern the development shall be based on the dominant activity in that building or site decided on the basis of the percentage of floor area used;(10)Where more than one type of development such as High rise building, Non High rise building. is existing or proposed in a site, -(a)the setback shall be regulated with reference to the individual type of development,(b)the height of building, abutting road width shall be regulated with reference to the highest order of development existing or proposed(c)the Floor Space Index, coverage etc. shall be regulated with reference to the dominant type of development on the basis of floor area within the site.
