Urban areas are living organisms and a structure plan could be appropriately described as a skeleton, on which the parts of the town can be hung, much as a human body. In a vibrant settlement, there will be a myriad of new developmental projects continuously under execution by various sectors. There are many other social services and amenities which will come up in the town over the next decade. There will be an elaborate shelter system to accommodate the future population of the town. Though, each of these urban developments has its own rationale, regarding its networking and phasing, integrating with each other to form an organized system has manifold advantages including easing of the implementation process. It is important that these networks are planned as a system of main corridors, limbs and fingers in terms of hierarchical organization. In this given context management and planned development of these systems becomes crucial for the proper functioning of urban areas. The success and effective functioning of the urban development lies as much in the physical plans we prepare as it does in the effectiveness of the Development Management Systems we evolve for the town.

Such a management system should guide the development not just confined within the town boundaries, but also in its immediate surroundings. For the effectiveness of such a mechanism, the proposed Development Management System for Gelephu could be elaborated and would have its influence in three varied tiers pertaining to various scales ranging from the regional to plot level. The ease and success of implementation specifically depends on the effectiveness in breaking down the scales at various levels supported by competitive administrative set-ups.

6.2.1 Development Management System for Gelephu-Sarpang Region

The first tier of Development Management System proposed essentially governs the area around the Gelephu town and its region. The Dzongkhag administration is responsible to see any development within this zone is in accordance with the plan.

The present Gelephu town lies in its own small setting surrounded by vast flat vacant landscape, in all directions. Given the present development opportunities of the region, in the future, unless the development is rationally distributed along the region, the carrying capacity of the present town will be exhausted and the entire surrounding landscape will become a victim of uncontrolled urban sprawl. We should not wait for this to happen. There must be a well detailed and elaborate development management mechanism to guide the development in the entire region. This will include an Urban Peripheral Control Zone, which controls the development in the immediate surrounding of the town and a Special Economic Development Zone, which guides the future economic development activities of the region.

A. Urban Peripheral Control Zone

As an influence of the development in the town area, there is a great deal of slow, but nevertheless continual development in the periphery of the town. Hence, municipal boundaries are major issues in planning. Generally the bye-laws for construction within the municipal area are very strict and move through difficult procedures, while just across this magic line clearing plans is rather easy. Land taxes within the boundaries, of course, are comparatively higher than agricultural revenues in rural areas. The latter lands may be only a few meters from the former.

This causes “leap frogging of development” over the municipal boundaries. “Leap frogging” explains the habit of development to jump across the boundary where there are low taxes and few building restrictions. Land is undeveloped across the boundary and therefore cheaper. This causes inefficient urban sprawl. When the fringe areas are absorbed into the municipality service networks, they are then over extended, to accommodate low density, spread out and even inaccessible plots.

“Leap frogging” outside the municipal boundaries results in “patchy development”. This is a situation where suddenly a cluster of structures have developed, surrounded by hectares of empty lands. These small patchy clusters must provide their own storm drainage, water supply and sewerage management. Yet, there will be a pressure on the town governing authorities to provide electricity, telephone and road connections to these patchy developments.

The “leap frogging” also leads to “strip development” along the roads, as these uncontrolled, cheap parcels have both access and potential commercial use facing the roads. This causes congestion along the roads as well as accidents from vehicles pulling on and off the roads.

These fringe or peri-urban areas eventually come under the jurisdiction of the local authority, and eventually these areas need to be provided with infrastructure facilities and services as similar to the urban areas. The existing “strip” and “patchy development” becomes a hindrance during this process, which results in mismatches between the demand and the provision.

Presently, there exists a peripheral control zone of one kilometer radius around the Gelephu town. This needs to be further reinforced in the structure plan both in terms of legal and implementation aspects. Thus, an extended area around Gelephu’s present boundary has to be declared as within an Urban Peripheral Control Zone. This zone will employ one of the ‘Environmental Precinct’ systems of regulation.

B. Special Economic Development Zone

The Special Economic Development Zone proposed in the Gelephu-Sarpang region will extend from Sarpang in the west till the villages in the east beyond the Mao Chhu, bounded by Indo-Bhutan International boundary and the mountain line on the south and north respectively. All the existing settlements in the region will also be included in this zone. All these settlements apart from their own Development Control Regulations will also follow certain special guidelines as per the Special Economic Development Zone within their own confined administrative boundaries. The Zone designated will facilitate higher level economic generation activities envisioned in the concept plan, governed by special polices and incentives initiated by the Royal Government of Bhutan.

Apart, from special economic development facilities like the International Airport, Industrial and Economic generation activities, transportation hubs and special facilities/services hubs, hosts of activities which are in-compatible and in-appropriate to be located in the Gelephu town, could be planned in this region. These facilities would function more effectively outside the town than being in the town. These would be noted briefly:

C. Industries

There are some industries, which could be requested to shift out of the Gelephu Municipal Limit. Though the need is not immediate, considering the development potentials of the town, the need will raise after a decades time, which could be planned now. On the other hand, it is also necessary that we must accommodate them in to the regional plan considering their importance for the urban development. The Army Welfare Project is an example of this. Furniture and other woodwork shops, sawmills are other examples. In fact these wood based industries have a great potential for growth and expansion and we must facilitate them. It is proposed that the wood working industries and other industries be located along the Gelephu-Sarpang highway in an appropriate location.

D. Auto City

The problem of the repair of automobiles, large and small trucks, buses and agricultural vehicles is acute. An appropriate location between Gelephu and Sarpang must be found for this activity. Major workshops, body building shops and heavy auto parts retailing would be placed in the Auto City. On the other hand, we must consider a few repair and spare parts shops for small and medium vehicles, fuel stations and other service facilities needed for the town to be located within the municipal boundary. These could be accommodated as a separate precinct along the Gelephu-Sarpang Highway with in the municipal boundary, to ease the accessibility and security factor. The highway could be designed with provisions for green separators, and a separate service lane which gives access to these plots.

E.Dry Port and Goods Storage Facilities

The proposed Dry Port in Gelephu could be located outside the town. This is because Dry Ports require an immense number of delivery trucks to service them. Given the opportunity of Gelephu being the south central entrance gateway to the Royal Kingdom of Bhutan, the Dry Port of Gelephu could be conceptualized as a multimodal cargo handling unit integrating the goods movement catalyzed through road, rail and even air traffic. The Dry Port of Gelephu would also serve the entire region including Trongsa, Bumthang, Tsirang, Dagana, Wangdue-Phodrang and Zhemgang Dzongkhags, which would require direct and easy access for the vehicles in to the Dry Port with out disturbing the Gelephu town.

F. Army and Police Base

The Royal Government of Bhutan must respect the needs and the requirements of the various security units posted within the town. During the consultation on the Structure Plan there were queries whether these activates would not be served better in more appropriate locations. If this were so they could be placed at strategic “entrances points” to the Royal Kingdom and to the Special Economic Development Region and their present locations should be reserved for other town and national level purposes.

G. Satellite Towns / Villages

Villages already exist in the proposed Special Economic Development Region, which must be taken into consideration. These will have to be seen as part of the urban region. People working in the region will begin to settle in these settlements. In other words these settlements would begin to grow in an unplanned manner long before planning catches up with them. It would make sense to designate some of these as Satellite Towns and to begin planning rudimentary urban infrastructure. They may be considered as nascent Urban Villages and developed along the same pattern as other urban villages within the town. Providing a bus link would be a major benefit to these villages. Other infrastructure could follow. These urban villages may ultimately take population pressure off of the town of Gelephu.

There must be a separate Regional Development Plan prepared for the region to incorporate these activities in addition to the Special Economic Development activities and to facilitate their growth and success.

6.2.2 Development Control Regulations for Gelephu Town

At present all the developments in Gelephu follow the Bhutan Building Rules - 2002, which are a set of basic guidelines applicable across the entire nation in a variety of settlements. On the other hand, the Bhutan Municipal Act enables municipal authorities to prepare plans for their respective urban settlements and adopt relevant development control regulations to direct development within their jurisdictions. The proposed Development Control Regulation for the town of Gelephu, prepared under this premises will form the second tier of the proposed Development Management System. While, the operation of the Bhutan Building Rules-2002 is imperative, in all urban areas within the country, the proposed regulations will complement the Bhutan Building Rules-2002 at crucial areas, focused towards guiding development within the Gelephu Municipal Limit.

The relevance of Development Control Regulations for any settlement in a given context follows a system of established guidelines and relationships with the Bhutan Building Rules-2002. These could be summarized as bellow.

The Bhutan Building Rules-2002, in general is applicable to urban areas across the country, in the absence of any structure plan for the urban areas in question. The operation of the Bhutan Building Rules is thus imperative, in urban areas where no structure plan exists.

Wherever a structure plan is sanctioned, the provisions of the accompanying Development Control Regulations, which are an intrinsic part of the concerned structure plan, will be applicable in that urban area. The provisions in the Bhutan Building Rules-2002 itself enables this.

Wherever a local area plan has been notified, its specific regulations, if any, shall be applicable within that local area alone. Generally, local area plans conform to the Development Control Regulations of the urban jurisdiction in which they fall.

Thus, in the absence of local area plans, the provisions of the structure plan for that urban settlement shall prevail. In the absence of a structure plan for any given urban settlement, the Bhutan Building Rules-2002 shall prevail.

This tiered set of Regulations reflects the fundamental policy of the Royal Government of Bhutan to decentralize governance, administration and development, enabling and facilitating strong responses to local conditions and aspirations.

The Development Control Regulations for Gelephu apart form proposing new regulations considering the local conditions as mentioned earlier will also supplement the Bhutan Building Rules-2002 by adopting the guidelines and providing some additional directives needed in a larger urban context. These same provisions may be extended to the other settlements as plans are prepared and conditions warrant.

The Development Control Regulations will be an imperative set of rules which all the new and proposed developments in Gelephu should follow. It shall be elaborated in detail as a separate document in the later part of the structure plan preparation process. Regulations regarding procedure for obtaining building permission, precinct schedule and plot sub-division are presented briefly in the following sub-chapter.

6.2.1Procedure for Obtaining Development Permission

No person shall change the use of a land or carry out development without the written permission of the Implementing Authority.

Provided that no such development permission shall be necessary for the following:

1. a) Required for the maintenance or improvement of highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street including repairs, extensions, modifications to existing service installations, culverts, bridges, tunnels, drains, foot over bridges, subways, pavements, pedestrian railings along pavements, medians, etc.;

b) For the purpose of constructing, laying, inspecting, repairing or renewing drains, sewers, mains, pipes, cable, telephone or other apparatus including breaking open of a street or other land for that purpose;

c) Falling in the purview of the operational constructions by Government departments/ bodies, such as water tanks – over head or underground, pumping stations, sub stations, traffic signals, bus stop shelters, overhead electrical equipment for electrification, etc;

d) Excavation ( including ) wells made in the ordinary course of agricultural operation;

e)For the construction of a road intended to give access to land solely for agricultural purposes; and,

f)For an occasional use of land such as exhibitions, fairs, etc., but shall obtain temporary permission from the Implementing Authority.

6.2.2 Procedure to Obtain Permission for Land Development/ Subdivision

A person or body intending to carry out layout development as defined in these Regulations in or over a land and/or subdivide land or a building within the limits of the Gelephu Municipal Corporation shall obtain prior permission for the same from the Implementing Authority by applying on the prescribed form and furnishing all information in forms, formats and plans prescribed under these regulations and as may be amended from time to time by the Implementing Authority.

The application shall be signed by the legal owner of the plot or authorized signatory. The applicant shall submit signed plans and drawings along with the application and pay the requisite scrutiny fees, development charges, betterment charges, and other charges and dues if any to be leviable under the Regulations.

A. Documents and Particulars to be furnished with the Application

The following particulars and documents shall be submitted along with the application.

B. Approvals

The approval of a layout proposed to be developed, or subdivided will be given in two stages:

The preliminary approval is only to enable the commencement of work on the site and to facilitate other preliminary activities related to subdivision and transfer of land. The preliminary approval shall be given only after inspection and verification of the demarcation of all the roads, individual lots, and other provisions required as per the relevant standards and proposed in the layout plan submitted by the applicant.

The final approval for the layout and / or subdivision shall be given only on the completion of all the requisite development on the site and after inspection and verification of the performance of the services and other common facilities / amenities provided as per the relevant standards and after handing over of the roads, common open spaces, area for public amenities and for public utilities to the Implementing Authority.

C. Validity of Approval

The validity of the approved layout development and/or sub-division plan shall be for one year from the date of approval. The development should start within 365 Gregorian calendar days from issue of development permit.

D. Revalidation / Renewal

Development permission granted under these Regulations shall be deemed to have lapsed, if such development work has not commenced till the expiry, of 365 Gregorian calendar days from the date of development permission, provided that, the Implementing Authority may on application made to it before the expiry of above period extend such period by a further period of 365 Gregorian calendar days at a time, on the payment of revalidation/renewal charges as decided by the implementing authority.

E.Rejection of Application

If the plans and information given do not contain all the particulars necessary to deal satisfactorily with the development permission application, the application shall be rejected.

F. Cancellation / Revocation of Approval

6.2.3 Procedure to Obtain Permission for Construction Activities

A Person, firm, body or developer intending to erect a building, or carry out additions and alterations, or carry out civil construction activity, in or over land owned by him or it, within the limits of the Gelephu Municipal Corporation (GMC) or the Urban Peripheral Control Zone (UPCZ), shall obtain prior permission for the same from the Implementing Authority by applying on the prescribed form and furnishing all information in the forms and format prescribed and as may be amended from time to time by the Implementing Authority.

All the applications for the above specified works, except applications for temporary permissions for public telephone booths, milk booths, and newspaper stalls of maximum dimensions two meters by two and a half meters, which shall be permitted only in specific locations, and shall be furnished through authorized registered professionals including Architects, Engineers, Structural Engineers, and Developers as under the regulations.

A. Documents and Particulars to be furnished with the application

B Scrutiny, Services and Amenity Fees

Permission for carrying out development shall be granted by the Implementing Authority only on payment of Scrutiny fees for processing the submitted application, service and amenities fees for execution of works as decided by the implementing authority. These fees and maintenance charges shall be revised on review by Implementing Authority from time to time.

C. Security Deposit

To ensure compliance with these regulations and the directions given in the sanctioned plan and other conditions, a security deposit shall be charged at the rates prescribed by the Implementing Authority from time to time for the due observance and performance of the conditions of the Development Permission. The amount shall be deposited on intimation before issue of "Development Permission".

D. Grant of Development Permission

Grant of Development Permission shall mean acceptance by the Implementing Authority of the following requirements:

It shall not mean acceptance of correctness, confirmation, approval or endorsement of and shall not bind or render the Authority liable in any way in regard to:

E. Validity of Approvals

The validity of the approved building plan shall be for one Gregorian calendar year from the date of approval. The construction should start within one Gregorian calendar year from issue of building permission.

F. Revalidation / Renewal

Building permission granted under these regulations shall be deemed to have lapsed, if such development work has not commenced till the expiry of one Gregorian calendar year from the date of development permission, provided that, the Implementing Authority may on application made to it before the expiry of above period (one Gregorian calendar year) extend such period by a further period of one Gregorian calendar year at a time by charging a renewal fee as decided by the implementing authority.

G.Liabilities and Responsibility of the Applicant

Notwithstanding the development permission granted under these Regulations, a person/body undertaking any development work shall continue to be wholly and solely liable for any injury or damage (direct or indirect) or loss whatsoever that may be caused to anyone in or around the area during such construction and no liability whatsoever in this regard shall be cast on the Implementing Authority. Neither the grant of development permission nor the approval of the plans, drawings and specifications shall in any way absolve the applicant of the responsibility for carrying out the development in accordance with requirement of these regulations.

H. Rejection of Application

If the plans and information given as per these Regulations do not give all the particulars necessary to deal satisfactorily with the development permission application, the application shall be rejected.

On receipt of the application for Development Permission, the Implementing Authority after making such inquiry as it thinks fit may communicate its decisions granting or refusing permission to the applicant as per the provisions of the Act. The permission may be granted with or without conditions or subject to general or special orders issued by the Royal Government in this behalf.

The Development permission shall be in the prescribed form and it should be issued by an officer authorized by the Implementing Authority in this behalf. Every order granting permission subject to conditions or refusing permission shall state the grounds for imposing such conditions or for such refusal.

I. Cancellation / Revocation of Approval

The development permission if secured by a person/body by a misrepresentation or by producing false documents, is not valid and such development permission will be treated as canceled/revoked.

J. Change of Ownership

Development permission granted under these Regulations shall be deemed to be suspended / cancelled / revoked, in cases of change of ownership, unless the ‘original’ owner who applied for, and obtained the development approval submits a letter to the Implementing Authority about the change in ownership giving details of the transaction and the new owner submits an application duly attaching copies of all the official records of such a transaction and an undertaking that he accepts the transfer to himself, of all the responsibilities and liabilities of the previous owner that relate to the development on the site.

K. General Requirements of Site

Land shall not be used as a site for the construction of a building.

L. Demolition and/or Reconstruction of Dangerous / Unsafe / Dilapidated Buildings

Wherever it is necessary to demolish a dilapidated / unsafe structure in the interest of public safety, such demolition shall be carried out by the applicant wherever so directed by the Implementing Authority. However, if the same is to be reconstructed, it shall be done in conformity with these Regulations with due approval from the Implementing Authority.

M. Temporary Permission

Applications for temporary permissions need not be submitted through the registered professional. A scrutiny fee shall be paid as decided by the Implementing Authority. These temporary permissions shall be permitted only for

N. N.O.C. From Referral Authorities for Special Projects

The proposal submitted shall be in conformity with other Acts / Regulations and shall, wherever applicable submit the NOC, from the respective authorities for conformity with;

Development Permission granted by Implementing Authority on the basis of a document/NOC received is not final and conclusive. It shall be considered in true sense and meaning of concerned issuing Authority. This Authority has no legal responsibility for such development permission.

6.2.4 Development Undertaken On Behalf Of The Government

The Office-in-Charge of a Government Department shall inform in writing to the Implementing Authority of the intention to carry out development for its purpose along with the plans of proposed development or construction.

6.2.2.5 Procedure to Obtaining Building Permission

A person / firm / body or developer shall not erect a building or carry out additions and alterations or carry out civil construction activity without obtaining a building permit from the Implementing Authority. A building permit shall be issued only to the legal owner of the land /plot.

The procedures for obtaining building permission and also those procedures that are to be followed during construction are different for the two classes of buildings or construction :

The procedures for the different classes of buildings / constructions are described in the following charts :

Procedure for obtaining building permissions and also the procedure that is to be followed during construction of Residential structures not exceeding two dwelling units and / or not more than two floors (Ground plus one floor) in plots up to 1000 square meters.

Procedure for obtaining building permission and also the procedures that are to be followed during construction of three or more residential units, or any building on a plot of more than 1000 square meters of land/ or more than two floors (Ground plus two and more) or buildings for non-residential uses.

6.2.2.6 Procedure during Development or Construction Activities

A. Commencement Certificate

No person in charge at any stage shall, except with previous written permission of the designated officer of the Implementing Authority, or his authorized representatives, start work before the period of notice mentioned as above expires. On receipt of the progress certificate from the owner/applicant/supervisor, it shall be the duty of the Implementing Authority to check for deviation from the approved plan which may require resubmission or amended plan for approval of the Implementing Authority.

B. Temporary Service Connections

An applicant with a certified copy of building permit may apply to the respective agencies for temporary connection of services like electricity, water and sewerage. The use of a public street / road or a public place for loading and unloading and stacking of materials of construction and construction equipment shall not be allowed. Material or equipment found on public street/road or public land is liable to be confiscated and the owner shall be liable for penal charges.

C. Documents at Site

The person to whom development permission is issued shall during construction, keep;

D. Inspections

Building constructions shall be subject to routine / periodic inspections by the Implementing Authority or persons/bodies authorized by the Implementing Authority. In the event of deviation(s) from the approved plan, including quality control, or any of the conditions noted in this section, the Implementing Authority shall have the full authority to stop construction.

The Implementing Authority may, at any time during erection of a building or the execution of work or development, make an inspection there of without giving prior notice of his intention to do so.

E. Deviation during Construction Time

Alteration in the approved building plan shall require prior approval from the Implementing Authority. Notwithstanding anything stated in the above regulations it shall be incumbent on the person whose plans have been approved to submit revised plans for deviations he proposes to make during the course of construction of his building work and the procedure laid down for plans or other documents here to before shall apply to all such revised plans.

F. Occupancy Certificate

The applicant shall obtain occupancy certificate from the Implementing Authority prior to occupancy or use of development so completed.

The application for Occupancy Certificate shall include:

In case of occupying the building or part thereof without obtaining occupancy certificate, the Security Deposit shall be forfeited.

On receipt of the application, the building and its premises shall be inspected by the Implementing Authority to verify that the work has been completed as per the approved building drawings, or if there is a change, permissible within the Regulations, approve and endorse the ‘as built’ drawings submitted along with the completion report. The inspection team shall consist of authorized Architect and Engineer from the Implementing Authority. Based on this inspection report the Occupancy Certificate shall be issued.

The Implementing Authority issuing occupancy certificate before doing so shall consult concerned designated Fire Authority to inspect the building and issue a certificate that necessary requirements for the fire protection (wherever applicable) under these regulations have been fulfilled and if not, the applicant shall be asked to carry out necessary additions, alterations or rectifications to the satisfaction of the Implementing Authority before issuing occupancy certificate.

 G. Issue of Occupancy Certificate

The Authority issuing occupancy certificate shall ensure that

The occupancy certificate shall not be issued unless the required information is furnished by the owner and the Structural Designer/Architect concerned, in the schedule as prescribed by the Implementing Authority from time to time. Permanent connection to services like water, sewerage, electricity and telephone to the building shall be given by the respective agencies after issue of occupancy certificate only.

H. Change of Building or Premises Uses

The applicant shall apply in writing to the Implementing Authority for conversion of approved building or premises uses to other uses or activity. Permission for change of use shall be given only if the building use conforms to precinct use schedule, structural safety of the building and other relevant clauses of these regulations.

I. Confirmation Inspections by Special Authorities and Gelephu Municipal Corporation Regarding Special Projects Sanctioned / Appeals

Developments sanctioned through special conditions/appeals as listed in the Precinct Sanctions shall be liable for inspections by the NEC or the Implementing Authority for revalidation of the development permission.

J.Safety on Site

All construction sites must be organized in a manner that the safety of all persons (particularly laborers) on the site, at all times is assured. Special care must be taken that no person is electrocuted, that no one falls, or that no one is burnt, or that no material falls on a person. A site wherein construction goes above 10 meters in height (or three floors) is deemed to be a “Hard Hat”/helmet site and every person on that site shall wear a hard hat/helmet at all time. On such sites safety barriers will be erected around all chutes, shafts, floor openings and slab edges, etc.

K. Child Labour

It is incumbent that the architect sees that no under age workers, or children, are present on the construction site, either as employees, guests, or as dependents of legal employees. A construction activity of a built-up area of 5000 sq.m or more shall provide a crèche or day care centre for the laborer’s children, where one, or more, women are employed on site.

L. Protection of adjoining Public Properties

No construction activity in any site shall damage any of the public properties located adjoining the site, or use these properties for their personal benefits like storing of construction materials during the construction time.

6.2.2.7 Development Without Prior Approvals

If a work requiring the written permission of the Implementing Authority under the provision of these Regulations or other rule, regulation or by-law is done by a person without obtaining written permission, it shall be deemed to be unauthorized. The Implementing Authority shall at any time, by written notice, order the same to be removed, pulled down or undone. If the person carrying out such work is not the owner at the time of giving such notice, he shall be liable for carrying out the order of the Implementing Authority. If such erection or execution is not stopped forthwith, the Implementing Authority shall remove the person who is directing or carrying on the erection or execution from the premises by the police and shall take necessary steps to prevent the re-entry of such person on the premises without permission.

If the requisitions contained in the order are not carried out by the person or owner within the given period, the Implementing Authority shall remove or alter such work and the expenses thereof shall be paid by the person or owner as the case may be.

The Implementing Authority shall take suitable action against the registered architect/ engineer, developer and others as specified in the Regulations involved in such development activities.

In cases where development has already started/commenced on site for which development permission in writing is not obtained from the Implementing Authority, but where this development on site is in accordance with the provisions of these Regulations, the development permission for such work on site without the prior permission may be granted by the Implementing Authority on the merits of each individual case. For such development works, an additional amount shall be charged on the entire land area or total built up area as per the following rates, over and above the regular charges / fees.

Table 6.1 : Regulation Fees with respect to Developments without prior Approval

6.2.2.8 Precinct Schedule with Applicable Regulations

The Gelephu Structure Plan is structured into several precincts as earlier mentioned in Chapter 5.0 (Sub-Chapter 5.3). These precinct categories are formulated so that the city can harmoniously function as a growing organism. The type of development in each precinct shall be regulated as per the “Table of the Precinct Schedule,” showing Uses Permissible in the Designated Precincts’(Sub-Chapter 5.3).

The following table regulates the Precinct Schedule showing Maximum Allowable Plot Coverage, Setbacks, number of designated Floors and Parking requirements in each Precinct.

The purposes of these regulations are very clear;

The less densely urban areas are built-up, the more costly the provision of basic urban infrastructure construction and maintenance becomes, on the other hand where density becomes inordinately high; it is not possible to park vehicles, for traffic to move smoothly, or to remove sewerage and solid waste. Thus, Urban Development Controls are in the interest of public safety, hygiene, convenience, cost effectiveness, viable urban management and easy vehicular and pedestrian movement.

Before proceeding with the actual table some terminologies are needed to be defined for the understanding of the reader.

Plot Area

Shall mean the ‘Actual Area’ of a piece of land registered as with the Land Records Office of the Implementing Authority.

Built-Up Area

Shall mean the area covered by a building on all floors including cantilevered portions, if any, but except the areas excluded specifically under these Regulations

Floor Area

Shall mean the built-up area including the area of walls.

Basement or Cellar

Shall mean the lowest storey of a building having minimum half of the clear floor height of the basement or cellar below the lowest ground level, but at least one meter of clearance (on average) above the ground level.

Plot Coverage

Means percentage of Area of Plot covered by structures, building plinths, walls, etc. either permanent or semi-permanent in nature of the total plot area.

Setbacks

Means the distance between the plot boundary and the building outer edge, or the distance between buildings within a plot.

Building Height

Shall mean the vertical distance measured from the level of the lowest natural ground level (side facing legal road), which provides principal access to the development, up to the top of the finished level of the top most floor slab in case of flat roofs and up to the midpoint of the height of the sloping roof.

The height of the sloping roof shall be taken as an average height of the relevant floor. The number of floors specification includes the ground floor. However the maximum height of the attic shall be limited according to the regulations specified.

In addition to the precinct regulations, the height of buildings shall be governed by the “Guidelines on Traditional Architecture of Bhutan” and by the overall allowable building heights.

Parking Space

Shall mean an area, enclosed or unenclosed, covered or uncovered, sufficient in size to park vehicles with space for their movement. Parking spaces shall be served by a driveway connecting them with a street, or alley, and permitting ingress or egress of vehicles.

Precinct Plan

Shall mean a geographical area designated in the approved Urban Development Plan/ Structure Plan for the purpose of regulating land uses within the approved municipal boundary.

Building features that shall be excluded from the calculation of built up area are:

Site Plan

Means the up-to-date legal plan of the plot showing all boundaries, their dimensions, the total plot area, angles in degrees of corners, abutting legal roads and required set-backs issued by the competent authority.

Demarcation

Means the marking out of the Site Plan at the actual location, on the ground, by the competent authority in the presence of the owner and adjacent plot owners, if any.

Urban Peripheral Control Zone

Shall mean a defined peripheral area immediately outside the municipal boundary as fixed by the Competent Authority and restricted for development activities.

For a detailed list of terminologies and their respective definitions used in the proposed Development Control Regulations refer to Appendix-C at the end of this report.

The type of development in each precinct shall be regulated as per the following table.

Table 6.2 : Precinct Schedule Showing Plot Coverages, Setbacks, Maximum Number of Allowable Floors and Parking requirements in each Precinct

NOTE :

6.2.2.9 Regulations for future Local Area Layouts and Individual Plot Sub-Divisions

A Person, firm, agency, body or developer intending to carry out local area layout development in or over a land or subdivide land or a building within the limits of the Gelephu Municipal Corporation (GMC) or the Urban Peripheral Control Zone (UPCZ) shall obtain prior permission for the same from the Implementing Authority by applying on the prescribed form and furnishing all information in the forms and format prescribed and as may be amended from time to time by the Implementing Authority. The application procedure shall comply with the planning standards as prescribed by the competent authority.

Subdivision of a land into smaller parcels for developing a layout or for construction of buildings shall not be permitted unless it derives access from an authorized and developed street/means of access. This implies that land locked/trapped sites shall not be sub-divided

A. Internal Road Layout

Minimum Width of Road

The width of internal road right of ways in any layout cannot be less than 6m of width. However the width of the road could be decided with respect to the total land area the road serves as per the following table.

Table 6.3 : Width of Roads to be provided in Layouts  

NOTE:

Curvature/ Rounding off or Splay at Road Junctions:

Curvature / rounding off or splay at road junctions shall be provided as prescribed below :

B. General Land Utilization Guidelines for Future Plot Sub-Division

In the subdivision of land for the purpose of plotted development, or for group housing in the form of flatted development, the following land utilization indices shall be achieved.

Table 6.4 : Land Utilization Indices for subdivision of land for the purpose of Plotted Development, or for Group Housing in the form of Flatted Development  

* Within this, plots for commercial use (permissible on ground floor only) shall be limited to 5 percent of the total layout area. Such plots where commercial use is limited to the ground floor shall be allowed only along main roads within the layout and the building shall have a minimum setback of three meters.

# The area under open spaces should be planned in such a way that at least half of such an area is provided at a central location.

NOTE:

The areas under roads/streets/ footpaths and areas reserved for public amenities and utilities have to be transferred to the Implementing Authority before final approval can be obtained.

C. Plot Consolidation

In the case of a site or plot with existing buildings, its sub-division or consolidation shall not be approved unless it fulfils all the requirements under the following regulations.

Approach Road

Consolidation of plots shall be allowed only if the plots abut approach roads as follows:

Footpaths

Table 6.5 : Maximum Number of Plots to be served with respect to width and length of foot path

D. Minimum Plot Sizes

Unless otherwise stated specifically, the minimum building plot/ unit shall be as follows:

Table 6.6 : Minimum Plot Sizes for Different Precincts

Minimum Plot Sizes allowed along abutting roads of different widths for securing land development / subdivision / building permission shall be as follows:

Table 6.7 : Minimum Plot Sizes for plots with respect to the width of the road

E. Common Plot

Provision for common Plot within the local area layout proposed for the development of tenements, flats, group housing, is mandatory and should follow the guidelines of the implementing authority.

F. Tree Plantation

Tree plantation, with indigenous species of the Gelephu region, at the rate of one tree per every 100 sq.m. of plot area, shall have to be undertaken and maintained in all developments within the Municipal limit. These trees shall preferably be planted at a spacing of between four to eight metres along the roads and streets, and along the edge of the common open spaces.

G. On-Site Physical Infrastructure

In all private layouts larger than two hectares, or containing forty or more plots, an area of at least one percent of the site shall be provided for garbage collection arrangement, electric sub-station, water supply storage reservoir / pumping station, etc.. This space shall be provided such that it is located on a major internal road of the layout and as per the directions of the GMC and other departments involved in providing services to the development.

H. Collection and Discharge of Storm Water

Every site development shall provide channels at the lower elevation/ level of the site which collects rainwater runoff over the site and discharges this runoff into public storm water drains or the rain water harvesting mechanism installed in the plot. The lower plot shall provide an easement or allow / provide a right of way or channel for the discharge of storm water run off from natural sources or adjacent plots of higher elevation into the public storm water drains. Installation of rain water harvesting system should be made compulsory at every plot level in the long run.

6.2.2.10 Parking Requirements

Vehicular parking facility should be provided by the developer within the boundaries of the site for all public, commercial, industrial and residential development according to the following schedule.

Table 6.8 : Parking Requirements

6.2.3 Local Area Plan

The third tier of the proposed Development Management System pertains to the specifics of a given area towards translating the Development Control Regulations proposed in the structure plan at town level to plot level. For implementation and working reasons, these are called as Local Area Plans. At any situation, it is the structure plan which rules over the local area plan of an Urban Village and the link between them extends at various levels. All the non-negotiable elements and components like roads, various environmental protection areas, population accommodation needs, noted in the structure plan must be conserved in the local area plans. On the other hand, it is the basic necessity of the local area plan to rationalize the proposals of the structure plan.

These local areas will form basic units of planning and could be perceived as a tool to translate the broader goals that are outlined in Gelephu Structure Plan in to a practical setting. On one hand it will facilitate the implementation of the specific objectives of the structure plan and on the other the plan will illustrate the implementation of precincts sanctions within the local area and at individual plot level. It will also address local issues like provision of amenities at comfortable walking distance and restructuring of land parcels into a rational urban system.

The local areas generally, but not necessarily, will cover an Urban Village identified in the structure plan. Normally these are areas bounded by major roads, rivers, surface drains or other natural boundaries. At places where there is no established natural boundary they follow the existing cadastral boundaries. With in these defined areas, the urban systems are laid out completely respecting the guidelines provided by the Development Control Regulations in a workable and implementable manner. The distribution of various precincts proposed in the Gelephu Structure Plan will also be rationalized in the Local Area Plans.

At places, where the Local Area Plan covers the entire Urban Village, a high-density housing zone with a village square in centre will be identified. These local areas will be developed as a self-sustainable unit in terms of infrastructure, services and amenities needs. The Village Square with the basic amenities for Urban Village will be generally located along a public transport movement corridor, so that the Village Square becomes the central focus of the Local Area Plan. The idea is to provide compact, walkable communities, surrounded by medium-density residential plots, which in turn is surrounded by low-density development. All the plots falling in a local area plan will be rationalized. Roads and other infrastructure services including water supply networks, sewerage networks, storm water drains, street lighting and solid waste management will be laid out in a hierarchical manner so that all the plots in the local area are well served.

In Gelephu, two such Local Area Plans have been prepared for the town as a part of the Gelephu Structure Plan.