Transfer of development rights as a tool for landmark conservation program at Calcutta developed through an evaluation of American programs

Abstract

This dissertation examines the question of whether Transfer of Development Rights (TDR), a technique developed in the United States, might prove useful in Calcutta for urban conservation.

ln many cases, municipal governments in India have been unable to preserve structures of historic value because they lacked the funds to compensate the Iosses imposed by designation. The owners of the Iandmark structures suffer financial Iosses for not being allowed to develop their properties to their full potential. The TDR technique has the advantage that through this program the owner of a designated Iandmark Is compensated from the sale of the unused development rights In his property. The community is benefited because of the landmark being preserved without the community’s cost. The City is benefited by the additional tax from the development potentials transferred from the Iandmark properties, which would have remained untaxed otherwise.

This paper begins by providing an overview of the developments in building regulations, and emergence of TDR as an useful means for land use management through flexibility in zoning. The ongoing TDR programs of seven American cities and a forthcoming one are then studied to identify the central issues and features of this technique. The next chapter is devoted to the analyses of the problems and prospects of TDR programs in the United States. This includes an examination of the issues derived from the case studies as well as a questionnaire survey. The discussion in the following chapter provides some background on the city of Calcutta. The demand for redevelopment in the central city is compounded by the salutation that the growth of population is not matched by physical expansion of the city. CaIcutta’s economic climate, political environment and conservation ethics are also discussed to provide a comprehensive perspective of the testing ground. The test of the technique in Calcutta is discussed in the following chapter with reference to some cases. The concluding chapter includes the general and particular principles that ought to govern the TDR program in Calcutta. The conclusion also includes the administrative and institutional details that will be necessary to apply TDR technique in Calcutta.

To summarize the findings of this research, it can be stated that the existing programs in the US cities have entered a second generation. While the legal issues attracted most attention in the first generation, the emphasis has now shifted to the design and implementation of the programs. The need for the program's close coordination with the overall planning and urban design of the city has been recognized. However, each program is designed according to some bias, and in view of supplementing some other planning goals - some of them being compatible, while others are not. The main issues of the program are: balance between TDR supply and market demand, distance between the originating and receiving sites, urban design and planning in the receiving districts, overage limit ln relation to the zoned density, transfer from public landmarks, banking of TDRs, and a 'single window' administration of the program for easy and 'fast track' approval incentive. Although a general downzoning and suspension of other bonus provisions will facilitate the TDR program, the market does not seem to support such steps.

lncorporation of a TDR program in Calcutta is possible without any change in the existing building by-laws, but with a relaxation in the regulations governing the land ownership limits. The TDR prices in the receiving sites in BBD Bag and Esplanade areas commensurably match with the TDR values in the sending district of the Bag. But a district-wise transfer will have to be allowed rather than only to physically attached sites. Other receiving districts in the north and south axis along the rapid transit line have potential for future transfers.