Table of Contents
- CHAPTER-I INTRODUCTION
- CHAPTER-II LAND USE CLASSIFICATION
- CHAPTER-III ENLISTMENT AND REVIEW OF LISTED ROADS
- CHAPTER-IV PROCEDURE FOR LAND USE CLASSIFICATION
- CHAPTER-V SITE DEVELOPMENT ZONE
- CHAPTER-VI LAND USE PLAN
- CHAPTER-VII LAND USE RE-CLASSIFICATION
- CHAPTER-VIII REDEVELOPMENT PLAN
- CHAPTER-IX SCRUTINY COMMITTEE
- CHAPTER-X APPEAL
- CHAPTER-XI CONVERSION AND BETTERMENT FEE
- CHAPTER-XII MISCELLANEOUS
GOVERNMENT OF THE PUNJAB
LOCAL GOVERNMENT AND COMMUNITY DEVELOPMENT DEPARTMENT
Dated Lahore, the 28th December, 2020
NOTIFICATION
No. SOR(LG)8-18/2020.- In exercise of the powers conferred under subsection (1) of section 310 read with sections 7 and 259 of the Punjab Local Government Act 2019 (XIII of 2019), Governor of the Punjab is pleased to make the following rules
CHAPTER-I INTRODUCTION #
- Short title and commencement.– (1) These rules may be cited as the Punjab Local Governments Land Use Plan (Classification, Reclassification and Redevelopment) Rules 2020.
(2) They shall come into force at once.
- Definitions.– (1) In the rules:
- “Act” means the Punjab Local Government Act 2019 (XIII of 2019);
- “actual land use” means the existing land use both in the planned areas and non-planned areas within the local area of a local government;
- “agricultural area” means land predominantly used for the cultivation of crops and includes cropland, pastureland, orchards, nurseries and dairy farms;
- “agro-based industry” means an industry for pickles, spices, honey, rice mill, flour mill, sugar mill, citrus processing and polishing unit, fruits or vegetable pulping and juicing units, cotton and ginning mill, distillery unit, jute mill, dairy, poultry, meat, bamboo and timber products manufacturing units, fodder or poultry feed manufacturing unit;
- “approved scheme” means a scheme approved by the Government, a local government or any other public authority;
- “betterment fee” means the fee levied by a local government under the Act;
- “building” means any structure for a shop, house, hut, out-house, shed, stable or enclosure built of any material and used for any purpose, and also includes a well, wall, verandah, platform, plinth, ramp, staircase and steps;
- “building byelaws” mean the building byelaws of a local government;
- “building line” means the line under or beyond which the outer face of a building may not be projected in the direction of an existing or proposed road except the compound wall;
- “built up area” means an area established in a non- planned area;
- “commercial area” means an area designated for commercial use as per approved scheme or master plan or is being used as such in the non-planned area;
- “commercial corridor” means a road or a segment of a road, with not less than sixty feet right of way and specified depth of area, which has been designated as commercial by a competent authority;
- “commercial use” means land use which is predominantly connected with sale, purchase and distribution of goods and services;
- “competent authority” means the concerned local government to approve land use plan, classification, reclassification, development and redevelopment in a local area;
- “condominium complex” means a multi-storey mixed use building having residential apartments with maximum 20% floor area for commercial use, offices, recreational area, place of worship, gym and play area;
- “conversion” means the change of existing land use to any other land use as per classification under the rules;
- “cottage industry” means an industry which is carried on wholly or primarily with the help of the members of the family as a whole time or part time occupation.
- “department” means the Local Government and Community Development Department;
- “District Planning and Design Committee” means a District Planning and Design Committee constituted under rule 46 of the rules;
- “educational institution” includes a school, college, university, research or training center, academy or Information Technology center, library or a madrassa recognized as such by any law for the time being in force;
- “environmentally sensitive area” means an area that has been designated as such under Regulation 22 of the Pakistan Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations 2000;
- “existing planned areas” means areas developed under approved land use classifications in an approved scheme;
- “Form” means the forms appended to the rules;
- “Government” means the Government of the Punjab;
- “hazardous use” means a use that poses threat to public health or the environment and is more explicitly stated to include substances that are explosive, flammable, toxic, infectious, and other such uses as deemed fit by the Authority;
- “healthcare institution” includes a hospital, health center, dispensary, clinic, polyclinic, clinical laboratory, medical training center, nursing home, dental center, homeopathic or acupuncture center, recognized as such by any law for the time being in force;
(aa) “historically significant area” means an area designated under any law for the time being in force as historically, architecturally or archeologically significant area;
(bb) “industrial area” means an area which is designated for industrial use as per approved scheme or master plan, or is being used as such in non-planned area; “industrial use” means land use which is predominantly connected with manufacturing, assembling, processing or storage of goods;
(cc) “industrial corridor” means a road or a segment of a road, with not less than sixty feet right of way and has been classified or reclassified as such by a competent authority;
(dd) “industrial plot” means an industrial plot in an industrial estate, approved scheme or master plan;
(ee) “institutional use” means land use which is predominantly connected with education, health, public or private office, hotel, theatre or auditorium, including public assembly institutions in terms of building and zoning bye-laws of the local government;
(ff) “intercity service area” means an area designated by the competent authority as service area along the intercity road;
(gg) “katchi abadi” means an area declared by the Government as a katchi abadi under the Punjab Katchi Abadis Act 1992 (VIII of 1992);
(hh) “land use plan” means a plan drawn up and approved by a local government under section 259 of the Act which provides the actual land use and proposed land use both in the planned areas and non-planned areas within the local area of a local government;
- “List „A‟ roads” means roads or segments of roads notified under sub-rule (7) of rule 12 of the rules;
(jj) “List „B‟ roads” means roads or segments of roads notified under sub-rule (7) of rule 12 of the rules;
(kk) “local government” means a local government constituted under the Act;
(ll) “master plan” means a land use plan of an area and includes a structure plan, an outline development plan, a spatial plan, peri-urban structure plan and a metropolitan plan;
(mm) “non-conforming use” means the land use that does not conform to the permitted or permissible land use but it is existing at site;
(nn) “non-hazardous use” means all other uses except hazardous uses;
(oo) “non-planned area” means an area of the local government other than the planned area;
(pp) “notified area” means an area in which special restrictions regarding its development or redevelopment have been imposed under any law for the time being in force;
(qq) “open space” includes park, golf course and theme park;
(rr) “other restricted area” means an area in which the Federal Government, the Government, a local government or any other public body has imposed certain building or area development restrictions;
(ss) “Outline Development Plan (ODP)” means a plan pertaining to land use, allied matters and may include agro-ville development or any other plan duly approved by the competent authority;
(tt) “peri-urban area” means an area notified under the repealed Punjab Land Use (Classification, Reclassification and Redevelopment) Rules, 2009;
(uu) “planned area” means an area of the local government with defined land uses as per approvedschemes or master plan or Outline Development Plan;
(vv) “Planning Officer” means head of planning wing of the local government;
(ww) “project area” means an area selected by the competent authority to prepare a land use reclassification scheme;
(xx) “proposed land use” means the land use other than the land use explicitly indicated in the land use plan for future development of the local area;
(yy) “public sector institutional area” means an area reserved for the Federal Government, the Government, a local government or any other public body;
(zz) “redevelopment” means renewal, reconstruction or upgradation of infrastructure and buildings in an area;
(aaa) “residential area” means an area which is designated for residential use in accordance with an approved scheme or master plan or is being used as residential in non-planned areas;
(bbb) “residential use” means land use which is predominantly connected with housing;
(ccc) “restricted area” means an area in which the Federal Government, the Government, a local government or any other public body has imposed certain building or area development restrictions;
(ddd) “ribbon development” means existing unplanned and horizontal development along the roads of a local area of the local government;
(eee) “right of way (ROW)” means the width of road or street between two opposite properties;
(fff) “rules” means Punjab Local Governments Land Use Plan (Classification, Reclassification and Redevelopment) Rules 2020;
(ggg) “set back area” means an area to be surrendered for road widening;
(hhh) “site development zone” means an area within the planned or non-planned area of a local government with proposed land uses and notified by the competent authority for the future development of the local area; and
- “valuation table” means a valuation table notified under the Stamp Act 1899 (II of 1899).
(2) A word or term, used but not defined in the rules, shall have the same meaning as assigned to it in the Act.
CHAPTER-II LAND USE CLASSIFICATION #
- Land use classes.– (1) A local government shall, within six months from the commencement of the rules, classify its local area into the following land use classes indicating actual land use in both planned area and non-planned area:
- residential;
- commercial (including institutional);
- industrial;
- agricultural; and
- notified area.
(2) On the request of a local government for extension of period mentioned in sub-rule (1), the Secretary may, after having himself satisfied that the local government has sufficient cause for not complying with the provisions of sub-rule (1) and for the reasons to be recorded in writing, extend the period.
- Land use of residential area.– A local government shall ensure that the following land use provisions under permitted, permissible and prohibited uses are strictly followed in a residential area:
- Permitted uses:
- detached house;
- semi-detached house;
- town house;
- residential apartment building;
- neighborhood level park and playground;
- place of worship or prayer;
- old age home or orphanage;
- place of burial or cremation;
- horticultural nursery;
- beauty parlour;
- urban forest; and
- non-commercial renewable energy installation.
- Permissible uses: Subject to rule 11, a competent authority may grant permission for any of the following uses:
- daycare centre or preschool;
- primary school;
- secondary school;
- dispensary with no bed and laboratory facilities;
- library;
- post office, fire station, rescue and emergency services office;
- rehabilitation centre for disabled;
- hostel;
- indoor sports centre;
- private community centre or club;
- guest house having not more than ten rooms;
- polyclinic;
- parking plaza or parking site;
- diplomatic enclave or diplomatic office;
- electrical vehicle charging station;
- small size corner or neighborhood shop, up to maximum of 144 square feet, on the ground floor; and
- office of a professional not exceeding twenty five percent of the floor area, as office associated with resident professional:
- Permitted uses:
Note: This facility shall be available to a resident holding professional degree, diploma or certificate and a registration with a statutory body established under a law for the time being in force.
- Prohibited uses: A local government shall not allow a person to use a property in a residential area for a purpose which is neither permitted nor permissible.
- Land use of commercial area.– A local government shall ensure that the following land use provisions under permitted, permissible and prohibited uses are strictly followed in a commercial area:
- Permitted uses:
- residential apartment;
- multi storey building;
- condominium complex;
- commercial plaza;
- market, shopping mall, departmental store;
- business facility;
- private office;
- government or semi-government office;
- court or tribunal;
- financial institution;
- cultural institution such as park, memorial and monument;
- hotel (less than four star);
- motel;
- showroom;
- shops except dealing in hazardous or dangerous substances;
- bakery or confectionary;
- beauty parlour;
- hostel;
- courier service or logistic office;
- private telephone exchange or cable operation or mobile franchise offices;
- boutique;
- restaurant;
- social welfare institution such as community centre, art gallery and museum;
- parking plaza;
- taxi or rickshaw stand and bus halt;
- police station, post office and fire station; and
- place of worship or prayer.
- Permissible uses: Subject to rule 11, a competent authority may grant permission for any of the following uses:
- educational institution;
- research institution;
- marriage or banquet hall with a minimum plot size of four kanal;
- cinema;
- theater, auditorium, concert hall or exhibition hall with a minimum plot size of four kanal;
- seasonal commercial fare site;
- stadium or play land;
- shops dealing in hazardous or dangerous substances;
- petrol pump or gas or LPG or LNG station;
- bus or truck terminal;
- loading and unloading requirements of all uses;
- weighbridge;
- private hospital;
- hotel four star or above;
- television or other studio;
- auto workshop;
- whole sale storage place;
- printing press;
- coal, wood or timber yard;
- athletic club, gymnasium, fitness centre or indoor sport facility;
- base trans receiver station or communication tower; and
- renewable energy installations or projects.
- Prohibited uses: A local government shall not allow a person to use land or building in a commercial area for any purpose which is neither permitted nor permissible.
- Permitted uses:
- Land use of industrial area.– A local government shall ensure that the following land use provisions under permitted, permissible and prohibited uses are strictly followed:
- Permitted uses:
- cottage or light industry;
- vertical green industry;
- construction equipment;
- warehouse, storage or distribution centre;
- building material store;
- fire station;
- restaurant;
- loading and unloading place;
- weighbridge;
- industrial units except for which special permission is required under any law, rules or policy;
- industrial products display centre, fair price shop and showroom; and
- renewable energy installations or projects;
- ancillary office or place for industry;
- auto workshop, service garage and service station;
- essential residential, commercial or educational facility for laborers or employees;
- police station, post office or fire station;
- base trans-receiver station or communication tower;
- loading and unloading place;
- construction equipments;
- parking lot;
- water purification plant;
- green or forest area;
- warehouse, storage or distribution center;
- vocational and technical training institute;
- building material store; and
- medium or heavy industry including manufacturing, production, processing, cleaning, servicing and repair of materials, goods or products.
- Permissible uses: Subject to rule 11, a competent authority may grant permission for any of the following uses:
- storing, packing, pursing, cleaning, preparing, and manufacturing of blasting powder, ammunition, fireworks, gun powder, sulphur, mercury, gases, nitro-compounds, phosphorous, dynamite;
- storing explosives, petrol, oil, lubricants, and other inflammable materials including coal, chemicals, liquids or otherwise cleaning dying, preparing and manufacturing of cloth or yarn in indigo or other colour;
- storing, processing, cleaning, crushing, melting, preparing or manufacturing and dealing in bombs, tallow, offal, fat blood, soap, raw or dry hide or skin, washing or dying wool or hair;
- casting of heavy metals, electro plating, welding, marble cutting and polishing, manufacturing of cement or pipes, burning or grinding of lime stone, metal or use of any other obnoxious or hazardous material;
- petrol pump or gas station or LPG or LNG storage and filling station;
- grid station;
- power plant;
- hospital;
- effluent treatment or recycling plant;
- industrial units for which special permission is required under any law, rules or policy;
- oil depot;
- incineration plant;
- essential residential, commercial, health and educational facility for workers or employees; and
- place of worship.
- Prohibited use: A local government shall not allow a person to use a property in a industrial area for a purpose which is neither permitted nor permissible.
- Permitted uses:
- Land use in agricultural area.- A local government shall ensure that the following land use provisions under permitted, permissible and prohibited uses are strictly followed in an agricultural area:
- Permitted use:
- crop;
- orchard;
- pasture land;
- livestock rearing such as dairy ,poultry or fish farm;
- forest;
- nursery or a green house;
- tube well;
- agricultural godown;
- residential dera or farm hut or farm house or house;
- place of worship or prayer;
- place of burial or cremation;
- corner shop;
- agro-based industry;
- cottage industry;
- public slaughter house;
- gawala colony; and
- bus or truck terminal and ancillary activities.
- Permissible use: subject to rule 11, a competent authority may grant permission for any of the following uses:
- agricultural machinery workshop;
- brick kiln;
- basic health unit;
- clinic or hospital;
- veterinary dispensary or hospital;
- recreational club or resort or country club;
- shooting range;
- swimming pool;
- library;
- cold storage;
- agricultural or livestock research institute;
- park, monument, playground, gymnasium or sports complex;
- vegetable, fruit and grain market;
- cattle market of a local government;
- public toilets ;
- public or private recreational or theme park;
- oil depot;
- power plant;
- water filtration plant;
- waste water treatment plant;
- landfill site or dumping site or waste segregation site or plant;
- incineration plant;
- birds/ wildlife sanctuary;
- botanical or zoological garden;
- factory outlet or products marketing center;
- zoo;
- base trans-receiver station or communication tower; and
- petrol pump or gas station or LPG or LNG storage and filling station.
- Prohibited use: A local government shall not allow a person to use a property in agricultural area for a purpose which is neither permitted nor permissible.
- Permitted use:
- Notified area.– A local government may declare a historically significant area, environmentally sensitive area, public sector institutional area, other restricted area or an intercity service area as notified area after clearance from District Planning and Design Committee.
- Land use in notified area.– A local government shall ensure that the following land use provisions under permitted, permissible and prohibited uses are strictly followed as per land use plan in a notified area:
- Historically significant area:
- Permitted use: A local government shall ensure that land use permitted in a historically significant area is in accordance with any special or general law and the conditions provided in the notification governing the historically significant area.
- Permissible use: A local government, subject to rule 11, may grant any of the permissible uses in a historically significant area which is in accordance with any special or general law and the conditions provided in the notification governing the historically significant area.
- Prohibited use: A local government shall not allow a person to use a property in a historically significant area for a purpose which is neither permitted nor permissible.
- Environmentally sensitive area:
- Permitted use: A local government shall ensure that permitted land use in an environmentally sensitive area is in accordance with special or general law and any special conditions applicable in the environmentally sensitive area.
- Permissible use: A local government may, subject to rule 11, grant any of the permissible use in an environmentally sensitive area subject to any special or general law.
- Prohibited use: A local government shall ensure that no person is allowed to use a property in an environmentally sensitive area for a purpose which is neither permitted nor permissible.
- Public sector institutional area:
- Permitted use: A competent authority shall ensure that permitted land use in a public sector institutional area is in accordance with any special or general law.
- Permissible use: Subject to rule 11, a competent authority may grant permission for any of the following uses:
- public office including a Federal Government, Government, local government office or an office of any other public body;
- official residence;
- public sector educational institution;
- public sector religious institution or place of worship;
- public sector mess or club;
- public sector healthcare institution;
- diplomatic premises;
- jail or prison;
- public sector television station or studio; and
- any ancillary use.
- Prohibited use: A local government shall not allow a person to use a property in a public sector institutional area for a purpose which is neither permitted nor permissible.
- Other restricted area:
- Permitted use: A local government shall ensure that land use permitted in any other restricted area is in accordance with any special or general law and the conditions provided in the notification governing the restricted area.
- Permissible use: A local government, subject to rule 11, may grant any of the permissible uses in any other restricted area is in accordance with any special or general law and the conditions provided in the notification governing the restricted area.
- Prohibited use: A local government shall not allow a person to use a property in any other restricted area for a purpose which is neither permitted nor permissible.
- Intercity service area:
- Permitted use:
- commercial use;
- residential use; and
- any ancillary use.
- Permissible use: Subject to rule 11, a competent authority may grant permission for any of the following uses:
- petrol pump or gas station or LPG or LNG storage and filling station;
- train, bus or truck terminal;
- loading and unloading place;
- service station or workshop; and
- weighbridge.
- Prohibited use: The competent authority shall not allow a person to use a property in an intercity service area for a purpose which is neither permitted nor permissible.
- Permitted use:
- Clarifications.– (1) A local government, if finds any ambiguity in the classification of land use or its permissibility with respect to permitted, permissible or prohibited use, shall make a reference to the Secretary.
- The Secretary shall, within thirty days, decide the reference and the decision of the Secretary on such reference shall be final.
- The Secretary may, on the recommendation of a Committee, permit a land use in any area which is not provided in any of the classifications but such land use shall be near to the land use permitted or permissible in the area.
- The Committee mentioned in sub rule (3) shall comprise of the following:
- Secretary, Local Government and Community Development Department (Convener);
- Secretaries of Environment, Industries, Transport, HUD&PHE, Labour or their representative not less than the rank of an Additional Secretary;
- Chairperson of the District Planning and Design Committee of the concerned district;
- Chief Corporation Officer or Chief Officer of the local government concerned;
- Municipal Officer or Tehsil Officer (Planning) of the local government concerned (Secretary); and
- Two technical persons to be co-opted by the Convener keeping in view the nature of the request under reference.
- The Convener of the Committee, mentioned in sub-rule (3), may convene a meeting of the Committee.
- The Committee, mentioned in sub-rule (3), shall take decision by majority of members present and voting.
- One half of the total membership of the Committee, mentioned in sub rule (3), shall constitute quorum for a meeting.
- A defect in the constitution or composition of the Committee, mentioned in sub-rule (3), shall not invalidate any proceedings of the Committee.
- Approval of permissible use.– A local government shall not grant permission to a person for a permissible land use unless the District Planning and Design Committee has examined and recommended such permission.
CHAPTER-III ENLISTMENT AND REVIEW OF LISTED ROADS #
- Enlistment of roads.- (1) The Planning Officer shall within thirty days, after the commencement of the rules, make a proposal to enlist roads or segments of roads to be declared permitted or frozen for commercialization as List-A roads and List-B roads.
- On the request of a local government for extension of period mentioned in the sub-rule (1), the Secretary may, after having himself satisfied that the local government has sufficient cause for not complying with the provisions of sub-rule (1) and for the reasons to be recorded in writing, extend the period.
- The Planning Officer shall conduct survey of the listed roads and identify the properties legally or illegally converted to commercial use.
- The Chief Officer shall send proposed List-A roads and List-B roads to District Planning and Design Committee for scrutiny and clearance.
- The District Planning and Design Committee shall review and scrutinize the listed roads or segments of roads and:
- assess the feasibility for enlistment of List A roads and continuation of existing List-A roads as commercial;
- may split the List-A roads into different segments clearly indicating the starting and ending point having GPS coordinates keeping in view the dominant land uses;
- may shift the List-A roads into List-B and vice versa if deemed expedient after undertaking assessment and review;
- may identify any restrictions to be imposed on any of the selected road regarding minimum size of plot, type of commercial activity, building height, building line or any other design parameters; and
- issue recommendations to a local government for enlistment and notification of roads.
- issue recommendations to a local government for enlistment and notification of roads.
- The District Planning and Design Committee may consider the following factors for deciding the future use of the listed roads:
- potential for upgradation of serving road network;
- potential for upgradation of existing infrastructure;
- traffic impact assessment;
- trend of changes in the existing land uses;
- market demand for change of land use in the area;
- compatibility with adjoining land uses; and
- consultation with the stakeholders.
- A local government shall notify on the recommendation of the District Planning and Design Committee:
- List A on „Form A1‟ of the listed roads which are permitted for future commercial use on payment of conversion fee with or without any restrictions; and
- List B on „Form B1‟ of the listed roads which are frozen and not allowed for any future commercial use.
CHAPTER-IV PROCEDURE FOR LAND USE CLASSIFICATION #
- Land use classification map.– A local government shall, within six months from the notification of the rules:
- prepare a land use map of the area under its control in accordance with the land use classification under rule 3;
- prepare a land use classification map using satellite imagery of the area; and
- digitize the satellite imagery of the area and use it as a base map for the required field survey to complete the land use classification map but such map may be prepared in parts, each part of map may be prepared for a part of the area under its control.
- Preparation of the map.– (1) A local government shall prepare the land use classification map for an approved scheme by:
- collecting the approved scheme plans from the relevant authority;
- dividing the scheme area into various classes;
- marking the plot which has been converted from residential land use under any law;
- marking the plot which has been converted from residential land use without approval of the competent authority and declaring it as non- conforming use; and
- marking the plot which has been temporarily converted to commercial use with the approval of competent authority and declaring it as non- conforming use.
- A local government shall prepare the land use classification map for an established built up area by dividing an established built up area, falling outside an approved scheme:
- into urban blocks by adopting the following criteria:
- an existing compact residential, commercial or industrial area shall be considered as an urban block;
- an urban block shall be bounded by existing road network, natural or man-made barriers;
- data on various land uses and size of plots for an urban block shall be collected and compiled as prescribed in rule 3;
- urban blocks shall be redefined on the basis of predominant land use and plot size;
- land use survey and the latest population census blocks shall be taken into consideration;
- an urban block shall not be bisected by railway line, primary road or irrigation channels such as canal, river and storm water drains more than forty feet wide;
- an existing mohalla may not be divided; and
- into urban blocks by adopting the following criteria:
(ix) notwithstanding clause (vi), a notified Katchi Abadi shall be treated as a single urban block;
- marking the plot which has been converted from residential land use under any law;
- marking the plot which has been converted from residential land use without approval of the competent authority and declaring it as non- conforming use;
- marking the plot which has been temporarily converted to commercial use with the approval of competent authority and declaring it as non- conforming use; and
- an urban block shall be classified on the basis of predominant land use in accordance with rule 3 and master plan.
- A Planning Officer shall prepare, sign and stamp the land use classification map.
- A Chief Officer shall check and countersign the land use classification map.
- Scrutiny.– A Chief Officer shall forward the land use classification map to the District Planning and Design Committee for scrutiny.
- Approval.– A Chief Officer shall, after the scrutiny and clearance of the land use classification map, submit the map and the minutes of meeting of the District Planning and Design Committee to the Council for approval.
- Notification.– (1) A Chief Officer shall sign and certify the approved land use classification map, in triplicate.
- The map, mentioned in sub-rule (1), may be signed and certified in parts as the approved land use classification maps, in triplicate, of the total area under control of the local government:
Provided that all such approved, signed and certified land use classification part maps shall ultimately be assembled into a single land use classification map in due course of time and re-notified as a single map.
- The Chief Officer shall, within seven days from the date of approval, notify the approved land use classification map.
- Circulation.– (1) A Chief Officer shall:
- retain a copy of the notified land use classification map in the office for record and display on the notice board;
- forward a copy of the notified land use classification map to the Secretary; and
- publish the notified land use classification map on its website.
(2) A person may, subject to payment of fee, obtain a certified copy of the notified land use classification map from a local government.
CHAPTER-V SITE DEVELOPMENT ZONE #
- Site development zone.– (1) A local government may notify one or more site development zone in its local area .
- The limits of a site development zone shall not extend into the restricted areas.
- A local government may notify site development zone in its local area keeping in view the accessibility from the existing infrastructure, environmental impact, connectivity with and burden on water supply and sewerage infrastructure, if any, to be decided by the District Planning and Design Committee.
- A local government may, if required, notify a site development zone for industrial scheme, industrial land use, housing scheme, commercial scheme or commercial land use, in its local area.
- Land use in site development zone.– (1) A local government shall ensure that the land use provisions under permitted, permissible and prohibited uses prescribed for residential, commercial (including institutional), industrial, agricultural or notified area land uses are strictly followed in accordance with the approved site development zone structure plan.
- Subject to sub rule (1), the area falling in the site development zone shall be deemed to be agricultural area unless it is converted into proposed land use upon payment of conversion fee.
- A private housing scheme can only be established in residential land use of an approved site development zone structure plan.
- Site development zone structure plan.– A local government shall prepare a structure plan for the site development zone falling within its local area.
- Preparation of site development zone structure plan. – (1) A local government shall prepare a site development zone structure plan by:
- using the satellite imagery;
- conducting field survey; and
- marking boundaries of established built up area, rural settlements and approved housing schemes on the base map.
- A local government shall mark external boundary of the site development zone structure plan on the basis of:
- direction and trend of the urban and rural settlement growth;
- population growth rate; and
- requirements of urban, rural and industrial development for the next twenty years.
- The site development zone structure plan shall include:
- proposed road networks;
- division of site development zone into blocks; and
- the proposed land use for various blocks.
- The Deputy Commissioner may, if the built up area of two or more local governments is contiguous, constitute a joint committee of the adjoining local governments to prepare a consolidated site development zone.
- Scrutiny.– A Chief Officer shall forward the site development structure plan to the District Planning and Design Committee for scrutiny.
- Approval.– After the scrutiny and clearance of the site development structure plan, a Chief Officer shall submit the plan and the minutes of meeting of the District Planning and Design Committee to Council for approval.
- Notification.– (1) A Chief Officer shall sign and certify the approved site development structure plan, in triplicate.
(2) A Chief Officer shall, within seven days from the date of approval, notify the approved site development structure plan.
- Circulation.– (1) A Chief Officer shall:
- retain a copy of the notified site development structure plan in the office for record and display on the notice board;
- forward a copy of the notified site development structure plan to the Secretary; and
- publish the notified site development structure plan on its website.
(2) A person may, subject to payment of fee, obtain a certified copy of the notified site development structure plan from the local government concerned.
CHAPTER-VI LAND USE PLAN #
- Land use plan.– (1) Following shall form part of land use plan:
- the notified land use classification map;
- the notified site development zone structure plan; and
- notified list A and B roads.
(2) Notwithstanding anything contained in sub-rule (1), each part of land use plan shall be effective from the date of its notification.
- Circulation.– (1) A Chief Officer shall:
- retain a copy of the land use plan in the office for record and display on the notice board;
- forward a copy of the land use plan to the Secretary and the concerned local government; and
- publish the land use plan on its website.
(2) A person may, subject to payment of fee, obtain a certified copy of the land use plan from the concerned local government.
- Periodic review.– (1) A local government on its own or if so directed by the Secretary, may review and revise the notified land use classification map and land use plan, not earlier than four years subject to scrutiny and clearance by the District Planning and Design Committee.
- A local government, on its own or if so directed by the Secretary, may review and revise the roads enlisted in List-A and List- B not more than once in two years subject to scrutiny and clearance by District Planning and Design Committee.
- A local government may review and revise the site development zone of its notified site development zone structure plan subject to scrutiny and clearance by District Planning and Design Committee.
CHAPTER-VII LAND USE RE-CLASSIFICATION #
- Land use re-classification.– A local government may prepare a land use reclassification scheme for an area, to be known as a project area, after the notification of land use classification map.
- Selection of project area.– A local government shall select the project area by identifying and prioritizing an urban block or group of urban blocks proposed for reclassification in accordance with the following criteria:
- trend of changes in the existing land uses;
- market demand for the change of land use in the area;
- compatibility with adjoining uses;
- potential for up-gradation of serving road network; and
- prospects for redevelopment.
- Scrutiny.– A Chief Officer shall submit the proposed project area to the District Planning and Design Committee for scrutiny.
- Approval.– A Chief Officer shall, after the scrutiny and clearance of the proposed project area, submit the proposed project area and the minutes of meeting of the District Planning and Design Committee to the Council for approval.
- Preparation of re-classification scheme.– (1) After the approval of the project area, a local government shall prepare a re- classification scheme by:
- demarcating the boundaries of the project area;
- undertaking survey of the project area including:
- a topographic survey;
- land use survey;
- documentation of the existing infrastructure and design capacities;
- assessment of existing traffic volumes and design capacity of the road network;
- enlistment of key stakeholders, including local non-government organizations, community based organizations, public representatives, traders associations; and
- collection of secondary data regarding utility services, traffic and transportation;
- compiling and analyzing the collected data;
- proposing different options of land use reclassification;
- comparing and evaluating the land use re- classification options; and
- selecting the preferred option.
- A proposed land use reclassification scheme shall include following documents:
- location plan of the project area;
- site plan, giving all the details of the project area;
- notified land use classification map of the project area;
- proposals for design parameters, including building height, building line, coverage, floor-area ratio, mandatory spaces, parking and any other specified uses;
- proposals for land use re-classification of the project area; and
- proposals for improvement in the project area for:
- utility service such as electricity, gas, communication networks, solid waste management, water supply, sewerage and drainage;
- traffic and transportation;
- landscape and street furniture;
- public building requiring facade improvements;
- any katchi abadi or slum area; and
- open space and park.
- Scrutiny.– A Chief Officer shall forward the draft land use re- classification scheme to the District Planning and Design Committee for scrutiny.
- Approval.– After the scrutiny and clearance of the draft land use reclassification scheme, a Chief Officer shall submit the draft scheme and the minutes of meeting of the District Planning and Design Committee to the Council for approval.
- Notification.– (1) A Chief Officer shall sign and certify the approved land use re-classification scheme, in triplicate.
- A Chief Officer shall, within seven days from the date of approval, notify the approved land use re-classification scheme.
- Circulation.– (1) A Chief Officer shall retain a copy of the notified land use re-classification scheme in the office for record and display on the notice board.
- A Chief Officer shall forward a copy of the notified land use re-classification scheme to the Secretary.
- A Chief Officer shall publish the notified land use re- classification scheme on its website.
- A person may, subject to payment of fee, obtain a certified copy of the notified land use re-classification scheme from the concerned local government.
- Reclassification prohibition.– Notwithstanding anything contained in this Chapter, a local government shall not reclassify:
- a land use in an approved scheme or industrial estate for a period of twenty years from the date of its approval;
- commercial or residential area to industrial use;
- plot reserved for educational institution, healthcare institution, police station, post office, place of worship, place for burial or cremation, public park and open space in an approved scheme;
- place of worship, place for burial or cremation and public park in a built up area established in non- planned area or site development zone; and
- plots allotted by the Federal Government, the Government, a local government or any other public body on reserved price for a specific use.
CHAPTER-VIII REDEVELOPMENT PLAN #
- Redevelopment plan.– A local government shall prepare a redevelopment plan within one year after the notification of the land use reclassification scheme.
- Preparation of redevelopment plan.– (1) A local government shall prepare a redevelopment plan on the basis of proceedings undertaken and data collected during the preparation of a land use reclassification scheme.
- A redevelopment plan shall include:
- environmental impact assessment or initial environmental examination and the traffic impact assessment of the project area;
- transportation plan for:
- improving and upgrading the road network, to accommodate the increased demand of the proposed land use within the available right of way;
- traffic management with detailed assessment and option analysis including traffic signals and intersection improvements;
- modification and addition of public transport routes;
- parking facilities;
- pedestrian and cycling facilities; and
- bus, taxi, rickshaw and tonga parking;
- street furniture plan for:
- street lighting;
- landscape improvements;
- architectural improvements; and
- public spaces, open areas and plantation;
- utility services plan for:
- up-gradation of electricity, gas and communication networks;
- up-gradation of water supply, sewerage and storm water drainage facilities;
- facilities for solid waste management;
- public toilets; and
- up-gradation of firefighting arrangements;
- financial assessment plan including cost estimates;
- land consolidation plan including landownership patterns and proposal for land readjustment or land pooling if required; and
- implementation framework including:
- time schedule;
- monitoring mechanism;
- feedback mechanism; and
- completion report.
- Scrutiny.– A Chief Officer shall forward the draft redevelopment plan to the District Planning and Design Committee for scrutiny.
- Approval.– A Chief Officer shall, after the scrutiny and clearance of the draft redevelopment plan, submit the draft redevelopment plan and the minutes of meeting of the District Planning and Design Committee to the Council for approval.
- Notification.– (1) A Chief Officer shall sign and certify the approved redevelopment plan, in triplicate.
(2) A Chief Officer shall, within seven days from the date of approval, notify the approved redevelopment plan.
- Circulation.– (1) A Chief Officer shall:
- retain a copy of the notified redevelopment plan in the office for record and display on the notice board;
- forward a copy of the notified redevelopment plan to the Secretary; and
- publish the notified redevelopment plan on its website.
(2) A person may, subject to payment of fee, obtain a certified copy of the notified redevelopment plan from the concerned local government.
CHAPTER-IX SCRUTINY COMMITTEE #
- District Planning and Design Committee.– (1) The Secretary shall constitute a District Planning and Design Committee for a district.
- The District Planning and Design Committee shall consist
of:
| (a) | Concerned Deputy Commissioner; | Chairperson |
| (b) | Director General of the concerned Development Authority; | Member |
| (c) | Concerned Chief Corporation Officer or Chief Officer; | Member |
| (d) | Concerned In-charge, District Traffic Police; | Member |
| (e) | Concerned Deputy Director, (Punjab Housing and Town Planning Agency), HUD&PHED; | Member |
| (f) | A representative of Industries Department nominated by Secretary Industries; | Member |
| (g) | Concerned Executive Engineer (Punjab Highways), C&W Department; | Member |
| (h) | Concerned Executive Engineer (Buildings) C&W Department; | Member |
| (i) | Concerned Executive Engineer, Public Health Engineering Department; | Member |
| (j) | Concerned Metropolitan / Municipal Officer (Planning) or Tehsil Officer (Planning); | Member |
| (k) | A Town Planner who is member of the Pakistan Council of Architects and Town Planner with at least ten years‟ experience; | Member |
| (l) | An Architect who is a member of the Pakistan Council of Architects and Town Planners with at least ten years‟ experience; | Member |
| (m) | A Structural Engineer who is a member of the Pakistan Engineering Council with at least ten years‟ experience; | Member |
| (n) | A representative of Association of Builders and Developers; | Member |
| (o) | A representative of civil society; | Member |
| (p) | A representative of SUI Gas Department | Member |
| (q) | A representative of concerned DISCO | Member |
| (r) | A representative of Environment Protection Department; and | Member |
| (s) | Municipal Officer (Planning) of the concerned urban local government at district headquarter. | Member/ Secretary |
- The Deputy Commissioner shall nominate a Town Planner, an Architect, a Structural Engineer, representatives of Association of Builders and Developers and civil society as Members of District Planning and Design Committee for a period of two years.
- The District Planning and Design Committee shall perform functions in accordance with the provisions of the rules.
- Meeting of District Planning and Design Committee.– (1) The Chairperson of a District Planning and Design Committee may convene a meeting of the Committee.
- The Committee shall take decision by majority of members present and voting.
- One half of the total membership of the Committee shall constitute quorum for a meeting.
- A defect in the constitution or composition of the Committee shall not invalidate any proceedings of the Committee.
CHAPTER-X APPEAL #
- Appeal.– (1) An aggrieved person may, within thirty days of the issuance of an order or notification under these rules by a local government, file an appeal before the Secretary under section 301 of the Act.
- The Secretary shall, within ninety days from the date of filing of the appeal, decide the same whose decision on such appeal shall be final.
- An appeal under these rules shall include:
- an application signed by the appellant;
- a copy of the national identity card of the appellant;
- a copy of the impugned order or notification; and
- any other document relevant to the appeal.
- The Secretary may issue an interim direction to a local government during the pendency of an appeal.
CHAPTER-XI CONVERSION AND BETTERMENT FEE #
49. Conversion of land use.– A local government may allow following conversion of land uses subject to scrutiny and clearance from District Planning and Design Committee:
(a) conversion of residential, industrial or site development zone (agriculture area) abutting List „A‟ roads to commercial use;
(b) conversion of industrial area to residential use;
(c) conversion of site development zone (agriculture area) to residential use;
(d) conversion of site development zone (agriculture area) to industrial use;
(e) conversion of any land use to educational or healthcare institutional use; and
(f) conversion of any land use to a recreational park.
50. Fee for conversion of land use.– (1) A local government shall levy following fee for conversion of land use subject to scrutiny and clearance from District Planning and Design Committee:
- the conversion fee for the conversion of residential, industrial or site development zone (agriculture area) abutting List „A‟ roads to commercial use shall be ten percent of the commercial value of the land or plot or property as per valuation table and in case the valuation table is not available ten percent of the average sale price of preceding twelve months of land in the vicinity as determined by the district price assessment committee;
- the conversion fee for the conversion of industrial area to residential use shall be five percent of the residential value of the land or plot or property as per valuation table and in case the valuation table is not available five percent of the average sale price of preceding twelve months of land in the vicinity as determined by the district price assessment committee;
- the conversion fee for the conversion of site development zone (agriculture area) to residential use shall be two percent of the agricultural value of the land or plot or property as per valuation table and in case the valuation table is not available two percent of the average sale price of preceding twelve months of land in the vicinity as determined by the district price assessment committee;
- the conversion fee for the conversion of site development zone (agriculture area) to industrial use shall be five percent of the agricultural value of the land or plot or property as per valuation table and in case the valuation table is not available five percent of the average sale price of preceding twelve months of land in the vicinity as determined by the district price assessment committee;
- the conversion fee for the conversion of any land use to educational or healthcare institutional use shall be ten percent of the existing value of the land or plot or property as per valuation table and in case the valuation table is not available ten percent of the average sale price of preceding twelve months of land in the vicinity as determined by the District price assessment committee; and
- the conversion fee for the conversion of any land use to a recreational park shall be two percent of the existing value of the land as per valuation table of the existing use of land or two percent of the average sale price of preceding twelve months of the land in the vicinity, if valuation table is not available.
- A local government shall not levy conversion fee for the conversion of land use to an educational or a healthcare institutional use if the proposed educational institution or healthcare institution is:
- owned by a philanthropic, charitable or non-profit organization duly registered as such by the Federal Board of Revenue;
- an institution exempt from the payment of income tax under the law;
- an institution located in a low income area as may be determined by a local government; and
- provide undertaking that the organization shall provide services to the needy or the poor, free of cost or on no profit basis. In case of any violation, the offer shall stand withdrawn and fine or penalty shall be imposed as decided by the local government.
- The local government may forward a case to the District Price Assessment Committee for valuation of land where the valuation table is not available.
- 51. Betterment fee.– (1) A local government may, with the prior approval of the Secretary, levy betterment fee in an area under the Act.
- A local government shall assess the betterment fee keeping in view the following criteria:
- total covered area of the proposed commercial building; and
- typology (proposed use) of the building.
- 52. Conversion status.– (1) A local government shall deem a building, plot or land facing the road mentioned in the notified List „A‟ roads as convertible to the commercial use.
- Subject to any legal restrictions imposed under any law for the time being in force, an occupant of a building, plot or land facing the road mentioned in a notified List „A‟ roads, may use the building, plot or land for a commercial purpose on payment of conversion fee.
- A local government shall not entertain any application for conversion of land use of a building, plot or land facing the road mentioned in the List „B‟ roads.
- A local government shall recover conversion fee, within two years of the notification of the List „A‟ roads , from the owner of a property illegally converted to commercial along the roads included in List „A‟ roads; and
- Nothing in the rules shall affect the status of a building, plot or land which has been converted on payment of the conversion fee under any law for the time being in force.
- 53. Prohibition.– A local government shall not allow conversion of a building, plot or land reserved for educational institution, healthcare institution, post office, police station, place of worship or any other plot sold by a public authority at reserve price for a specific use.
- 54. Re-classification.– Nothing contained in this chapter shall limit the authority of a local government to reclassify an area including a listed road in accordance with the rules.
CHAPTER-XII MISCELLANEOUS #
- Payment of conversion fee in a notified land.– (1) A local government shall deem a building, plot or land in a notified land use reclassification scheme as convertible to the land use as per the notified scheme.
- Subject to any legal restrictions imposed under any law for the time being in force, an occupant of a building, plot or land may use the building, plot or land for a purpose permitted or permissible under the notified land use re-classification scheme on payment of the conversion fee.
- Subject to sub-rule (4), a person shall apply to a local government for construction, alteration or reconstruction of a building, plot or land in accordance with notified land use re-classification scheme.
- A local government shall not entertain an application for construction, reconstruction or alteration of a building, plot or land in a notified land use re-classification scheme unless the applicant has paid the conversion fee in accordance with the rules as applicable on the date of submission of the application.
- Income from betterment fee.– A local government shall keep income from the betterment fee in a separate head of account and shall spend the income on the provision of services or development of infrastructure:
Provided that a local government may use not more than 15% of the income generated from betterment fee on its capacity building.
- Building line.– A local government shall fix a building line in a land use reclassification scheme which shall not be less than:
- the building line specified in the building bye laws;
- thirty feet along a road with right of way of eighty feet and above; and
- ten feet along any other road.
- Conversion of cinema site. – A local government may allow conversion of a cinema site:
- in an approved scheme or on land allotted on reserved price subject to the following conditions:
- conversion fee shall be charged as applicable to conversion of a residential plot to commercial use; and
- a cinema or a projection theater with at least one third seating capacity of the existing cinema shall be provided in the new building;
- on private land, other than the site on land specified in clause (a), subject to the following conditions:
- if the cinema is located in an area which is not a commercial area then it shall not be allowed to be converted to any other use;
- if the cinema is located in a built up area established in non-planned area which is classified as commercial, on payment of the conversion fee; and
- if the cinema site is located in site development zone, which is classified as commercial, on payment of the conversion fee.
- in an approved scheme or on land allotted on reserved price subject to the following conditions:
- Regularization of the plots.- A local government may regularize the plots illegally or temporarily converted to non- conforming use before the commencement of the rules, on payment of conversion fee and fulfillment of conditions specified in rule 50.
- Repeal.– The Punjab Land Use (Classification, Reclassification and Redevelopment) Rules 2009 are hereby repealed.
SECRETARY
GOVERNMENT OF THE PUNJAB
LOCAL GOVERNMENT AND COMMUNITY
DEVELOPMENT DEPARTMENT
Form A1
(see rule 12)
Roads or segment of roads permitted for future commercial use with or without any restrictions
Name of local government
List of Roads:
| Sr. No. | Name of Roads | Starting Point | Ending Point | Total Width | Total Plots | ||
| Legally Converted | Illegally Converted | Not Converted | |||||
| 1. | |||||||
| 2. | |||||||
| 3. | |||||||
| 4. | |||||||
| 5. | |||||||
| 6. | |||||||
| 7. | |||||||
Restriction imposed:
| Sr. No | Name of Road or segment of Road | Restrictions Imposed |
Prepared By:
| Name of the Planning Officer | |
| Signature | |
| Stamp | |
| Date |
Certified By:
| Name of the Chief Corporation Officer / Chief Officer | |
| Signature | |
| Stamp | |
| Date |
Form B1
(see rule 12)
Roads or segment of roads freezed and not allowed for any future commercial use
Name of local government
List of Roads:
| Sr. No. | Name of Roads | Starting Point | Ending Point | Total Width | Total Plots | ||
| Legally Converted | Illegally Converted | Not Converted | |||||
| 1. | |||||||
| 2. | |||||||
| 3. | |||||||
| 4. | |||||||
| 5. | |||||||
| 6. | |||||||
| 7. | |||||||
Restriction imposed:
| Sr. No | Name of Road or segment of Road | Restrictions Imposed |
Prepared By:
| Name of the Planning Officer | |
| Signature | |
| Stamp | |
| Date |
Certified By:
| Name of the Chief Officer | |
| Signature | |
| Stamp | |
| Date |
