Presentation on DCR By Shri Manoj Daisaria

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1 Presentation on DCR 2034 Part 3, 4, 5, 6 By Shri Manoj Daisaria 1

2 Part REQUIREMENT OF LAYOUT & SUB-DIVISION / AMALGAMATION OF PLOTS 11.1 Circumstances warranting preparation of Layout or Subdivision / amalgamation :- a) More than one building (except ancillary building) b) Sub-division. c) > sq.mts. d) Amalgamation of two or more plots. 2

3 11.0 REQUIREMENT OF LAYOUT & SUB-DIVISION / AMALGAMATION OF PLOTS 11.2 General requirements for proposals of Layout or Subdivision / amalgamation of plots :- a) All sub-plots to be accessible from public road. b) All reservations / designations / D.P.Road/ Sanctioned R.L. to be shown. c) All constraints existing on site to be marked. d) Area of amenities as required as per 11.4 to be shown. e) Minimum road width as stipulated in regulation no

4 11.0 REQUIREMENT OF LAYOUT & SUB-DIVISION / AMALGAMATION OF PLOTS 11.2 General requirements for proposals of Layout or Subdivision / amalgamation of plots :- f) Partially built-up property can be developed as follows i) Total permissible development rights for layout to be computed as per 2034 regulation. ii) Development rights for building under construction / completed to be computed as per Reg iii) Balance development rights to be worked out [(i) (ii)] above. NOC from society / federation to be insisted. 4

5 11.0 REQUIREMENT OF LAYOUT & SUB-DIVISION / AMALGAMATION OF PLOTS 11.2 General requirements for proposals of Layout or Subdivision / amalgamation of plots :- f) Partially built-up property can be developed as follows (iv) Deficiency in physical provision of layout amenity / road as per requirement shall be made good as per direction of commissioner. g) In case of sub-divided plots, Development rights to be permitted as per D.C.Regulation 2034 subject to Reg.11.4 (b) & ( c ). 5

6 11.0 REQUIREMENT OF LAYOUT & SUB-DIVISION / AMALGAMATION OF PLOTS 11.3 Phased Programme: Development of infrastructure of layouts. a) Construction of roads before the grant of commencement certificate. b) Provision of streetlights, SWD / Sewer line / Water mains before grant of OCC. c) B.C.C. to buildings after Layout Completion Certificate. 6

7 11.4 Amenity spaces for Public purpose :- a) Layout / Sub-division provision of public amenities. TABLE NO.7 : Extent of area for public amenities to be contributed in a layout as % of total plot area Sr.No. Categories i. Amenity Area froma plots with gross plot area 2,000 sq.mts. and more. % of Amenity spaces 10.00% In addition to (i) above, additional area shall be insisted for followings - ii. Changing Industrialuser of plots to Residential and /or commercial Additional 5.00% (iii) Development in Cotton Textile mills* Additional 10.00% * In case of cottontextile mills, out of 20% Amenity area, 12.50% of area shall be made available to MCGM for provision of amenities and 7.5% shall be made available to MHADA for housing of the cotton textile mill workers. 7

8 11.4 Amenity spaces for Public purpose :- Formula:- Amenity space = [(GrossPlot Area -Area under existing and / or Proposed Road/s) x Percentage Factor as per Table No.7] - Area under Reservation / s and / or Designation / s if any on the plot.* Area under proposedd.p.road/ sanctioned R.L. / Existing Road affecting the plot shall not be considered for such deduction. 8

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11 Minimum dimension of Amenity Space 8.5 mts width Ratio 2.5 times average width Access to Amenity Space Directly accessible from Public Street. In case of plot frontage < mts.amenity space can be provided anywhere having 6.0 mts. exclusive access Requirement of public road in a layout. Commissioner may declare any layout road as public road to ensure proper connectivity for layout > 4000 sq.mts. Such roads to be deemed to be roads of the Development plan & shall be handed over free of cost. 11

12 :-Ownership and use of Amenity space / Roads to be handed over to M.C.G.M. a) Amenity space / roads to be specifically marked on the layout plan. b) Amenity space / roads to be handed over to MCGM. c) MCGM to designate appropriate public purpose for Recreational open spaces, markets, welfare centers etc. d) Deciding the use of amenity spaces, deficiencies in amenities of the planning sector to be considered by using Radar Diagrams. e) Amenity space, roads or reservations / Designations not to be deducted for calculating the net plot area and total development rights permissible which is subject to handing over reservation free of cost and free of encumbrances. 12

13 11.4 AMENITY SPACES REQUIRED TO BE CONTRIBUTED FOR PUBLIC PURPOSE Road Road 13

14 PART 4 :- LAND USE ZONING 13. LAND USE ZONING & USES PERMITTED 13.2 ZONE DEFINITIONS Zone Permissible User R-C Residential/Commercial Zone C-R Commercial/Residential Zone I Industrial Zone NA Natural Zone Residential-Commercial mixed use Residential as predominant use Commercial users permitted as specified Commercial-Residential mixed use Commercial-Residential certain manufacturing uses permitted Manufacturing primary activity Warehousing Logistics All industrial activity to be non-polluting Conversion of land use permitted as specified Environmental sensitive zone No building construction activity permitted 14

15 13.3 Uses & Ancillary uses permitted in the zone Compatible uses in a zone to be allowed Prevent non-compatible uses Commissioner can add uses 15

16 The conditions applicable for permitting various land uses and occupancies Sr. No. Uses and occupancies Conditions under which uses and occupancies will be permitted in land use zones R-C C-R I N 3. Short term accommodation (i) 4 or 5 Star category hotels (iii) Motels, resorts, guest houses, circuit houses, Hostels and boarding houses,, dharmshala Ind. plotor Ind. Bldg.or Plot 2500 sq.mts. or Road mts. Ind. plotor Ind. Bldg.or Sep.wingwith sep.access.or Sep.floor with sep.access Ind. plotor Ind. Bldg.OR Plot 2500 sq.mts. OR Road mts. Ind. plotor Ind. Bldg.OR Sep.wingwith sep.access.or Sep.floorwith sep.access Ind. plotor Ind. Bldg.OR Plot 2500 sq.mts. OR Road mts. Ind. plotor Ind. Bldg.OR 16

17 The conditions applicable for permitting various land uses and occupancies Sr. Uses and occupancies Conditions under which uses and occupancies will No. be permitted in land use zones R-C C-R I N 4. A) Health Care facilities without indoor bedding Gr.flr Separate Gr.flr Separate facilities for patients like, access or access or Dental, medical practitioners Top of Podium Top of Podium pathological laboratory, diagnostic clinics, eye clinics, veterinary clinics & clinics & other medical allied Facilities flr or Above stilt / Parking flr or 1 st Floor flr or Above stilt / Parking flr or 1 st Floor 17

18 Sr. No The conditions applicable for permitting various land uses and occupancies Uses and occupancies 4. B) Health Care facilities with indoor bedding facileties for patient like Maternity homes, polyclinics,nursing homes, eye hospitals & other medical allied Facilities. Conditions under which uses and occupancies will be permitted in land use zones R-C C-R I N Ind. plotor Ind. plotor Ind. Bldg.or Sep.wingwith sep.access.or Sep.floorwith sep.access and Min.widthof street plot abuts mts. Ind. Bldg.or Sep.wingwith sep.access.or Sep.floorwith sep.access and Min.widthof street plot abuts mts. 18

19 Condition under which land uses permissible Sr. No. Uses and occupancies Conditions under which uses and occupancies will be permitted in land use zones R-C C-R I N 8 Institutional Uses Ind. plot or Ind. Bldg.or Sep.wingwith sep.access.or Sep.floorwith sep.accessand Min.widthof street plot abuts mts. Ind. plotor Ind. Bldg. or Sep.wingwith sep.access. or Sep.floorwith sep.accessand Min.widthof street plot abuts mts. 19

20 Condition under which land uses permissible Sr. No. Uses and occupancies Conditions under which uses and occupancies will be permitted in land use zones R-C C-R I N 10 Offices and services establishments Ind. plotor Ind. Bldg. or Sep.wingwith sep.access. or AND Min.widthof street plot abuts mts. Ind. plotor Ind. Bldg. or Sep.wingwith sep.access. or AND Min.widthof street plot abuts mts. 20

21 Condition under which land uses permissible Sr. No. Uses and occupancies Conditions under which uses and occupancies will be permitted in land use zones 13 Malls/shopping enters/department al Stores and independed Market building along with their ancillary storage.. R-C C-R I N Ind. plotor Ind. Bldg.or AND Min.widthof street plot abuts mts. Ind. plot or Ind. Bldg. or AND Min.widthof street plot abuts mts. 21

22 Condition under which land uses permissible Sr.N o. Uses and occupancies Conditions under which uses and occupancies will be permitted in land use zones R-C C-R I N 19 Community halls, welfare centers, commercial halls, exhibition halls Ind. plotor Ind. Bldg. or Sep.wingwith sep.access. or Sep.floorwith sep.access AND Min.widthof street plot abuts mts. Ind. plotor Ind. Bldg. or Sep.wingwith sep.access. or Sep.floorwith sep.access AND Min.widthof street -plot abuts mts. 22

23 Exceptions: RC/CR ZONES exceptions to apply - Existing authorized use to be continued & not to be considered non-conforming. Land under existing industrial users to be permitted excluding Cotton Textile Mills Redevelopment existing authorized non residential users to be permitted on ground/1 st or above stilts/parking floors in separate wing. CR & I Zone entire non residential user, separate access not required. 23

24 Conversion of industrial use Open land Lands under industrial use (I-Zone) R C or C R Excluding Cotton Textile Mills Conditions NOC from Labour Commissioner Open land NOC not required <2000 m² -5% BUA to be handed over to MCGM free of cost in form of flats or Commercial tenaments(bua not to be counted in FSI) >2000 m² as per Table No.7 reg % open land to be handed over to MCGM for Cotton Textile Mill Lands. Land to be handed over to MCGM shall be deemed reservations not to be deducted for FSI computation. 24

25 Segregating distance 9.0 M from industrial plot for residential user 6.0 M from industrial plot for commercial user. 25

26 Segregating distance Note :- i) No residential use within 53.0 mts. if abutitng obnoxious industries. ii) Distance measured from opposite edge of road/nalla/water course Part holding conversion to be permitted Other uses permitted in industrial zone becomes unbuildable Fuel-stations and service stations/motor garage Parking lots/parking garages Electric sub-stations Offices for public utility concerns or organizations Police stations, Government and Semi-Government offices, municipal suboffices, fire stations and posts and telegraph offices. Warehouses Community facilities 26

27 13.4 CIRCUMSTANCES UNDER WHICH EXISTING NON-CONFORMING USES WILL BE ALLOWED TO CONTINUE. a. Any lawful use of land or building process existing prior to DCR b. In case of existing building collapse Collapse / pulled down, user to confirm these. c. In case of redevelopment Authorisednon-conforming user to be permitted d. In Industrial Zone Residential Authoriseduser permitted in Independent building. e. Non ConformingIndustries To be permitted in conforming zone. 27

28 13.5 Permission to change the sanctioned use Internal changes permitted. Buildings construction with more FSI than permissible, excess FSI to be permitted by charging 25% premium at Ready Reckoner Rate for allowing change of user. 28

29 13.6 Uses permissible under flyovers Garden Electricity Distribution Stations Municipal chowkies, road depot, municipal store Police chowky, RTO vehicle chowky Pay and park facility/bus stands/taxi stands/autorickshaw stand Welfare centers for street children/activities centers for destitute Night Shelters Solid waste sorting centers Public toilets 29

30 13.7 Inclusionary Housing Gross plot area > 2000 m² 10% of the development rights at permissible base FSI 30

31 13.7 Inclusionary Housing In case of redevelopment, case -I 31

32 13.7 Inclusionary Housing In case of redevelopment, case -II 32

33 13.7 Inclusionary Housing Gross plot area > 2000 m² 10% of the development rights at permissible base FSI 10% to be used for PAP/LIG/Shops/Industrial Galas BUA to be permitted over and above permissible FSI Location Same plot or elsewhere B = A x (RR-A / RR-B) Area of Dwelling Units m² 33

34 Same plot or elsewhere B = A x (RR-A / RR-B) 34

35 13.7.4To be handed over before part or full OCC for balance development Exemptions SDCR No. 1 SDCR No. 2 SDCR No. 4 In case of redevelopment projects Permissible development rights If permissible FSI is within 2500 m² NIL 35

36 Disposal of inclusionary housing units If permissible FSI exceeds 2500 sq.mt % area over & above 2500 sq.mt. to be provided 50% of units to PAPS 50% EWS/LIG on outright sale 14.0 Provisions for construction of transit camp Permitted on vacant lands for transit camps to be handed over to SRA free of cost Owners not required to purchase TDR or premium FSI Tenements to be sq. mt. (300 sq. ft.) min. carpet, owner entitled for to avail DRC as TDR for BUA plus DRC as TDR for proposed land component. If part land used as Transit camp land TDR & construction TDR shall be proportionately reduced. 36

37 PART 5 FLOOR SPACE INDEX (FSI) 15. FSI 15.1 Definition and Computation of FSI Floor Space Index or FSI means the ratio of the total covered area of all floor to the total area of the gross plot viz:- Floor Space Index (FSI) = Total covered area of all floors Gross Plot Area 37

38 15.1 Computation of F.S.I 38

39 Following areas will not be considered as covered area for computation of FSI a) Terraces created due to step-backs and on top of the building. b) Refuge floor areas as per Regulation No of these Regulations. c) Parking area as per the Regulation No.20 of these Regulations. Any parking proposed in addition to the required parking under these Regulation shall be counted in FSI. d) Service floors as per Regulation No of these Regulations. e) Fire check floor required under Regulation No of these Regulations. 39

40 Following areas will not be considered as covered area for computation of FSI 40

41 Following areas will not be considered as covered area for computation of FSI f) Roof over staircase and lift machine room on the terraces. g) Areascoveredbyporches&canopiesattheentrancestothe building at the ground and podium level as per Regulation No of these Regulations. h) Areas covered by the arcades adjacent to the streets, as required or provided for as per Regulation No.SDCR 7 of Special Development Control Regulation these Regulations. 41

42 Features that do not constitute covered area Features that do not constitute covered area will not be considered for computation of FSI. An illustrative list of such features is given below: a) Underground water tank/suction tank, pump room. b) Waste Water Recycling Plant. c) Sewerage Treatment Plant (STP) (Structures required for effluent treatment plant as per requirement specified by MPCB or relevant authority). d) Industrial Effluent Treatment Plant. e) Rain Water Harvesting Arrangement. f) Non-Conventional Energy System. 42

43 Features that do not constitute covered area g) Electricity Distribution Station as per the requirements of Regulation No of these Regulations. h) Garbage Shaft/Refuse Chute i) Over Head Water Tank(provided that the distance between theterracefloorslabandbottomoftheoverheadtankshall not exceed 1.50 M). j) Independent structure of Elevated Water Tank. k) Dust bins. l) A rockery, well and well structures, plant nursery, fountain, swimmingpool(ifopentoskyandonlybeyondtherequired marginal open spaces as required under these regulations or on terrace floor), platform around a tree, tank, bench, gate, slide, swing, ramp at entrances(excluding ramps of parking floors/area). 43

44 Features that do not constitute covered area m) Space for water hydrants, electrical weather-proof installations & water fittings. n) Chimney o) Chajja or weather shed not exceeding cm in projection and provided at the bottom of beam or lintel over an opening or window. p) Covered areas required on topmost terrace for antenna/dish antenna/communication tower used for Telecom (basic cellular or satellite telephone) or ITE purposes, V-Sat, Routers, transponders or similar IT related structure or equipment, not exceeding sq. mt. in area. q) Cooling Tower/Chilling Plant only beyond the required marginal open spaces as required under these Regulations or on terrace floor. r) Advertisements and sky signs. s) Compound wall t) Architect features at the terrace level within permissible height. 44

45 15.2 FSI ZONING 45

46 15.3 PREMIUM FSI Calculation for Premium A Amount for Premium A to be Gross Plot 70% of Ready Reckoner PaidtoM.C.G.M. = Area x PremiumAFSI x RateforLand* Amount for Premium B to be Gross Plot 100% of Ready Reckoner PaidtoM.C.G.M. = Area x PremiumBFSI x RateforLand* 46

47 15.6 PROTECTED DEVELOPMENT a) Existing BUA > Permissible BFSI To comply with minimum requirements b) Proposalapprovedpriorto2034Regcanavail Development right--- by way of TDR/Premium FSI without accounting for payments made earlier concession/condonations. 47

48 15.7 PUBLIC CAR PARKING Independent plot Independent activity For public parking Operated by owner Volume ratio to be considered Max. volume ratio is 12.0 To be permitted on roads not less than mt. 10% commercial use 48

49 16. TDR TRANSFER OF DEVELOPMENT RIGHTS DR Development Rights for a Plot as TDR = Plot Area x (Base FSI + Premium-A FSI*) FSI Plot Area Base FSI Premium A Total TDR Sq.Mt x(2+0.5)= 2500 Sq. Mt Sq.Mt X( )=3000 Sq.Mt. Premium A is not to be paid to be handed over free of cost to M.C.G.M. 49

50 16.1 TDR IN LIEU OF COMPENSATION u/s.125 & 126 of MRTP Act TDR Sr. No. Instances Land reserved/designated 1 Land reserved/designated for public purpose & award u/s.11 of L.A. Act is not declared. 2 Development Rights permissible on land cannot be used on remaining land. Extent of TDR ZonalBaseFSI+Premium-AFSI a. For A.O.S./Res/design./D.P.Road b. Nalla/Nalla widening c.r.l.undermmcact d. Private roads/layout roads required u/regu. No.11.4 Base FSI to be the extent which cannot be utilized on remainder of plot 50

51 16.1 TDR IN LIEU OF COMPENSATION Sr. No. Instances Extent of TDR 3 Redevelopment of cessed buildings URS/SRA AsperregulationofSDCR1to3 4 Heritage ZB FSI FSI consumed as per SDCR 6. 5 BUA provided free of cost for BUA for rehabilitation resettlement of occupier on MCGM s land reserved for public parking or for contravening structures of TPS 6 BUA for transit tenements or Affordable Housing schemes on private lands Reg. 14 DR for BUA or tenements + proposed area of land component 51

52 TDR r = TDRo x (RRLo/RRLr) 16.2 UTILISATION OF TDR e.g. TDR generated at M-Ward R.R.@ M Ward = m² TDR to be utilized at S-Ward S-Ward m² 2000 m² = 1000 x (60000/30000) = 1000 x 2 = 2000 m² 52

17.1 - PART 6 DEVELOPMENT OF LAND DESIGNATED OR RESERVED FOR PUBLIC PURPOSES a) Reservations

53 PART 6 DEVELOPMENT OF LAND DESIGNATED OR RESERVED FOR PUBLIC PURPOSES a) Reservations which can be exclusively developed by MCGM by way of TDR as per Table 17 e. g. Maternity Hospital 53

54 17. DEVELOPMENT OF LAND FOR PUBLIC PRUPOSES 17.1 DEVELOPMENT OF LAND DESIGNATED OR RESERVED FOR PUBLIC PURPOSES (i) X% BUA (ii) Y% Land (iii) Owner entitle to avail permissible FSI of entire reserved plot on (100- Y% of land) (iv) X & Y values as per Table 18 (iv) Semi-detached to the structures of other permissible development proposed. ( c ) Operation & maintenance to an appropriate agency by prescribed guidelines. d) If development permission is already granted prior to DCR 2034 then the same will be developed and treated as a reservations. e) Construction for ingresses & egresses of passengers using Public Mass Transit Facilities. 54

55 17.2 DEVELOPMENT OF DESIGNATED LAND Table 19 Sr. No. Circumstances Ownership Conditions of Development 1 Existing BUA is required to be expanded for the existing intended purpose a) MCGM Designated plot may be developed to permissible b) Government and base FSI for the designated other public use authorities c) Trusts or private owners Designated plot may be developed upto permissible Base FSI for the designated use and TDR and Premium FSI may be deployed for other uses permissible in surrounding land use zone. 55

56 Sr. No DEVELOPMENT OF DESIGNATED LAND Table 19 Circumstances Ownership Conditions of Development 2 Existing BUA is adequate for the existing use and does not require expansion a) MCGM Designated plot may be developed subject to maintaining the existing BUA b) Government and other for designated public use. Additional public authorities BUA available according to permissible Base FSI may be used for other public purposes. c) Trusts or private Designated plot may be developed owners subject to maintaining the existing BUA for designated public use. Additional BUA available according to permissible Base FSI if any, may be used for other permissible public use, permissible under these regulations and TDR and premium FSI may be deployed for other uses permissible in the surrounding land use zone. 56

57 17.2 DEVELOPMENT OF DESIGNATED LAND Table 19 Sr. No. Circumstances Ownership Conditions of Development 3 The existing use has a) MCGM Designated plot may be developed lost patronage or has upto permissible Base FSI for other b) Government and become obsolete relevant public purpose/amenities other public authorities c) Trusts or private owners Designated plot may be developed upto permissible Base FSI for other relevant public purpose/amenities as specified by the Commissioner. Additional BUA available according to permissible Total FSI may used for land uses permitted in the surrounding land use zone. 57

58 Sr. No DEVELOPMENT OF DESIGNATED LAND Table 19 Circumstances Ownership Conditions of Development 4 Redevelopment of Private land owners In case of redevelopment of plots plot developed already developed under under accommodation Accommodation Reservation, as per provisions of these Regulation reservation or as per the provision of Regulations prior to these Regulations, the plot area and/or the built up area will be required to be developed for designated or other public purpose in proportions as prescribed in Table No.18 above. 58

59 17.3 COMBINATION OF PUBLIC PURPOSES/USES IN RESERVED SITES FOR BUIDABLE RESERVATIONS COMMISSIONER MAY ADD USERS OTHER THAN SPECIFIED IN DP PLAN SHIFTING AND/OR RELOCATING OF DESGINATIONS/RESERVATIONS CAN BE PERMITTED IN THE SAME OR ADJOINING LANDS SHOULD ABUTS TO PUBLIC STREET NOT TO BE ENCUMBERED AREA TO BE MAINTAINED SHOULD BE AT ONE LOCATION MINIMUM DIMENSIONS less than 8.50 mt. RATIO TO BE Length to width 2.5 times. 59

60 17.5 STRUCTURES PERMITTED IN RECREATIONAL OPEN SPACES (ROS) a) > 400 m² Elevated/underground tank water reservoirs, sub-stations, pump houses > 10% b) > 1000 m² 15% BUA permitted, 10% plinth Outdoor swimming pool to be permitted Sports or recreation Watchman Chowky or Police chowky c) Designation Watchman s chowky, public toilet, police chowky BUA 5% at one playground/park place or Garden d) Sub-station In basement below ROS e) Public In basement below ROS Parking Lot f) Plot of Recreation : for Circus/Political/Religious-cultural events for 30 days. Ground g) Rain Water & STP to be below ROS Harvesting 60

61 Thank You 61

REVISED DRAFT DCR 2034

REVISED DRAFT DCR 2034 PREPARED BY :- MANOJKUMAR DUBAL IMM. PAST PRESIDENT, REVISED DRAFT D.P. 2034 THE FIRST DP OF MUMBAI WAS SANCTIONED IN THE YEAR 1967. 2ND DP WAS SANCTIONED IN THE YEAR 1991 1994.