Phaltan 1

Issues in implementation of development plan

and development regulations

Y.B. DangeChief Officer

Phaltan Municipal Council, Phaltan

Difference between ‘Growth’ and ‘Development’.

Growth is mere increase in size of anything. Whereas the development has an additional component of improvement attached to growth. It reflects an improvement in the direction desired by human beings. The desired direction and the quantum of improvement can only be set after successful planning.

Need for planned growth(Development)

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Since development presupposes planned growth…

First tool is city planning

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Types of Planning

There are two parts of planning. One is called Positive planning and obviously other one is negative planning. The making of development plan and its implementation is a positive planning. The restriction on development through DC rules is negative planning. When a land lord approaches the local body, authorities impose restrictions on his development. Mostly the officers focus on this negative part during their tenure and very little or none in acquiring reservations through negotiations for development

Planning from part to Whole

Planning from Whole to part

Regional Plan

Involves a district or larger area as comprehensive plan

Development Plan of City

Involves planning of whole city for future long period

Town Planning Scheme

Involves a planning of small part of the town

Estate Planning

Planning of One’s own land with layout as well as building a structure within plot boundaries

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National Building Code

Need of code?

1. Construction program is interwoven with all sectors of development be it housing, transport, industry, irrigation, power, education or health…

2. Half of money spent in construction is on buildings

3. Large national investment expecting optimum returns and avoidance of wastage

The control throughout India

The National building code of India 2005

Lays down a set of minimum provisions designed to protect the safety of the public with regard to structural sufficiency, fire hazards and health aspects in buildings. So long these basic, requirements are made, the choice of materials, method of design and construction is left to the ingenuity of the architect and the engineers and other experts engaged in such projects. The code also covers aspects of administrative requirements and bye-laws including building services

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NBC, What it is?

NBC is a single document in which, like a network, the information contained in various Indian standards is woven into a pattern of continuity and cogency with the interdependent requirements of sections carefully analyzed and fitted in to make the whole document a cogent continuous volume

NBC, What it is?• A continuous thread of ‘preplanning’ that

contribute to economy in construction particularly in building and plumbing.

• Contains regulations which can be immediately adopted by various departments, municipal administration and public bodies

• It lays down set of minimum requirements for safety of public with regard to each subject under consideration

NBC, What it is?

• Code also covers aspects of administrative regulations and DC Rules and general building requirements like fire protection, materials and structural design ..etc

• Code covers points on ‘Industrialized system of building’ and ‘Architectural control’.

What NBC Contains?

Part I Definitions

Part II Administration

Part III Development Control Rules and General building requirements

Part IV Fire protection

What NBC Contains?

Part V Building Materials

Part VI Structural designSection 1 LoadsSection 2 FoundationsSection 3 WoodSection 4 MasonrySection 5 Concrete (PCC & RCC & PSC)Section 6 SteelSection 7 Prefabrication and systems building

What NBC Contains?

Part VII Constructional Practices and Safety

Part VIII Building ServicesSection 1 Lighting and VentilationSection 2 Electrical installationsSection 3 Air-conditioning and heatingSection 4 Acoustics, Sound insulation and Noise controlSection 5 Installation of lifts and escalators

What NBC Contains?

Part IX Plumbing servicesSection 1 Water supplySection 2 Drainage and sanitationSection 3 Gas supply

Part X Signs and Outdoor display structures

MRTP Act 1966&

Development Control Rules

State Level Legislation

• The planning and development are mainly the state subjects and therefore, the development in the states is based on the legislative support as applicable in that state. The legislative support in the state is applicable to formulate Master Plans, Zonal Plan, Development Plans and Development Schemes for their implementation and enforcement.

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The control in Maharashtra • The MRTP Act, 1966.• The Bombay municipal corporation

development control regulations.(For Mumbai city.)

• The development control rules for cities and villages in MMR area prepared by MMRDA

• The standardized building bye-laws for class ‘A’, class ‘B’ and class ‘C’ municipal councils formulated by the government of Maharashtra.

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The first control through DP

The positive planning tool04/08/23 21Anil Lad

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What is Development ?section 2(7) of Maharashtra Regional and Town

Planning Act, 1966 “Development in its grammatical variations means the

carrying out of building, engineering, mining or other operations, in or over , or under , land or the making of any material change , in any building or land ,or any use of the building or land, or any material or structural change in any heritage building or its precinct and includes demolition of existing building structure or erection or part of such building, structure or erection and reclamation, redevelopment and layout and subdivision of any land and ‘to develop’ shall be construed accordingly”

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Definition of ‘Building operations’

… includes erection, re-erection of a building or any part thereof, roofing or re roofing of any part of the building or of any open space, any material alteration or enlargement of the building, any such alteration of the building as is likely to affect an alteration of its drainage or sanitary arrangements or materially affect its security or the construction of door opening on any street or land not belonging to owner

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Deemed sanction if not replied in 60 days

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Every development requires permission

1. No person can institute change of use of any land or carry out any development without permission of PA in writing once the notification of intention to make DP u/s 23 is published

(Read section 43 of MRTP Act, 1966)2. Application in prescribed manner ( Read Section 44 of MRTP Act, 1966)

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Permission to Municipal council/ corporation is not required in certain cases

Section 43 (iv)(a) and (b)No permission shall be necessaryfor the carrying out by the Central or the State Government or

any local authority of any works (a) required for the maintenance or improvement of, a

highway road or public street, being works carried out on land within the boundaries of such highway, road or public street;

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

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Application by Municipal council/ corporation is not required

• Section 44

Any person not being a central government , state government or a local authority shall make an application in prescribed format ….

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महा�पा�लि�के� च्या� या�जने�अं�तर्ग�त बां��धके�म पारवा�नेर्ग� आवाश्याके आहा� के�या?

हा�या, प्रस्त�वा�स म��के� हाक्के�चे� ७/१२ उत�र� वा म�जणी� नेके�शा� ज�डणी� आवाश्याके आहा�

Development by government Section 58(1) When any Government intends to carry out

development of any land for the purpose of any of its departments or offices or authorities, the officer in charge , thereof shall inform in writing the Planning Authority the intention of Government to do so, giving full particulars thereof, and accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development.

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Section 58(2)Where a Planning Authority raises any objection to the

proposed development on the ground that the development is not in conformity with the provisions either of any Development plan under preparation, or of any building bye-laws in force for the time being, or for any other material consideration, the officer shall—

(i) either make necessary modifications in the proposals for development to meet the objections raised by the Planning Authority; or

(ii) submit the proposals for development together with the objections raised by the Planning Authority to the State Government for decision.

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Accommodation reservation

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Another tool to acquire land, TDR

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आरक्षणी स्थ���तर�त केरत� या�त� के�या?

• हा�या• विवाषया��के�त ज�र्ग�पा�स,ने २०० म�. च्या� आत

The second control through DCR

The negative planning tool04/08/23 35Anil Lad

Introduction to building bye-laws

• They are also called development control Rules.• Apply to all Building activities within territorial

jurisdiction of the municipality • They are in addition to the section 44,45,58,and 56

of the Maharashtra Regional and Town planning Act, 1966

• They are also in addition to Section 183,189,190,191 and 192 of Maharashtra Municipalities Nagar Panchayats and Industrial Townships Act, 1965

Need of building bye-laws

• Air, Light and ventilation of buildings• Better Estate Management• Orderly growth and development.

• There are separate Building bye-laws for Class A, Class B and Class C Municipal Councils

Building Bye-laws and regulations impact particularly on the quality and quantity of housing supply and city environment

A framework to control and regulate this phenomenon of city expansion is essential to make not only the existing but even future human settlements, “safe, orderly and beautiful”.

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Necessity of control over buildings

Health

As per WHO health means ……..Physical health……..Mental health

(Of person residing / roaming in the city)

1

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Necessity of control over buildings

Safety

OfProperty ownerThe neighbours of property ownerThe person passer bye

2

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Necessity of control over buildings

ConvenienceTo everyone in the city

3

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Contents of DCR

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Application of Building bye-laws

They apply to1. Design and construction for erection of new

building 2. Removal of whole or part of a building 3. Demolition of whole or part of a building4. Change of occupancy of a building

Procedure of obtaining Building permit, commencement certificate

• Not even temporary construction without Permission

• Application in prescribed format• four copies of plans and statements• Information required with plan• Standard color coding• Dimensions in metric system of units• Must show key plan (1:8000) , site plan (1:500)

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Information accompanying notice of erection

Ownership title Property card 7/12 Extracts / Sale or Lease deed

Receipt of fees Based on area under construction

Site plan Scale ≥1:500 with North Direction, Plot numbers, contiguous

boundaries and Reservations, streets

Building plan Floor plans with area statement and jointly signed by architect

and owner of land or developer

Inspections by authority

1. Prior to approval of plan2. On digging foundations3. On completion of plinth4. On application of part or full completion

certificate5. On application of occupation permission

General controls on building

Site conditions1. Not Insanitary or dangerous or incapable of being drained2. Access through 6.0m wide road adjacent to plot and not

away by from public road by more than 50m 3. Not within 9m from water body / HFL mark4. Land use in conformity with DP5. Not adjacent to or below Electricity lines. Vertical and

Horizontal distances based on Voltage but not less than 2.5 and 1.2 m respectively

General controls on building

Land sub-division or layout1. Width of road based on it’s Length. But not less than 6m for

residential area and 12m for commercial/industrial area2. 10 % open space for land admeasuring more than 0.4 Ha for

residential purpose and 0.8Ha for commercial purpose3. Minimum plot sizes for row houses, Semidetached building

and detached houses. Range from 50 sq.m to 150 sq.m

General controls on building Land use classification

Purely residential R1

Residential with shopping on ground floor

R2

APMC Green

Industrial zone I1,I2,I3

No development Zone NDZ

Coastal regulatory Zone CRZ

Special reservations

General controls on building

Front open spaces1. Minimum setback from existing or proposed road

2. No structural projections in marginal spaces

Maximum Floor Space Index ( Based on plot size)0.75 in Gaothan area1.0 in other area

For streets 7.5m to 12.0m wide 1.0m

For streets more than 12.0m wide 1.5m

General controls on building

Height Limitations1. Not more than 1.5 times the road width2. Not more than 4 stories in any case

Other Limitations1. Plinth heights2. Basement3. Mezzanine floor4. Parking5. Sizes of Habitable rooms, Kitchen, bath rooms, water

closets

Special controls on specific building

For example Educational building 1. Class room size2. Height of class room3. Passage and stair case width

Institutional building like Hospital , Maternity home or Health centre

1. Room sizes and height2. HVAC requirements

Procedure during construction work

• Notice of commencement of work• Documents at site• Checking plinth / Plinth certificate• Deviation during construction• Completion certificate• Occupancy certificate• Part occupancy

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Requirements of site

• Not insanitary or dangerous• Not within 9m from Highest water mark• Distance from electric lines of low and high

voltages• Means of access like street / road

(Minimum width of road based on length of road, Type of use)

• Not reserved for public use

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Classification of buildings

An attached building abuts two side lot lines and is one of a row of buildings on adjoining zoning lots. The end buildings of a row of attached buildings are considered semi-detached buildings if they each have a side yard.

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A detached building is a freestanding building that does not abut any other building on an adjoining zoning lot and where all sides of the building are surrounded by yards or open areas within the zoning lot.

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A semi-detached building is a building that abuts or shares one side lot wall with another building on an adjoining zoning lot and where the remaining sides of the building are surrounded by open areas or street lines.

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A zero lot line building is a building that abuts one side lot line of a zoning lot and does not abut any other building on an adjoining zoning lot.

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Classification based on use.

Residential PublicIndustrial Commercial / Mercantile

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Control over buildings

EnlargementAn enlargement is a built addition to an existing building that increases the floor area of the building.ExtensionAn extension is an expansion of the existing floor area occupied by an existing use.

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A corner lot is a zoning lot that adjoins the point of intersection of two or more streets; it is also a zoning lot bounded entirely by streets.

A through lot is any zoning lot that connects two generally parallel streets and is not a corner lot.

An interior lot is any zoning lot that is neither a corner lot nor a through lot.

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Building EnvelopeA building envelope is the maximum three-dimensional space on a zoning lot within which a structure can be built, as permitted by applicable height, setback and yard controls.

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Floor Space Index (FSI)

• Means the ratio of the combined gross floor area of all floors to the gross area of the plot

• Tool to control density of population

Total covered area on all floorsFloor Space Index (FSI) =

Gross Plot area

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A FAR of 1.0

Floor Area Ratio (FAR) / Floor space Index (FSI)The floor area ratio (FAR) is the principal bulk regulation controlling the size of buildings. FAR is the ratio of total building floor area to the area of its plot.

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A plot merger is the joining of two or more adjacent plots into one new plot. Unused development rights may be shifted from one lot to another, as-of-right, only through a plot merger.

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A transfer of development rights (TDR) allows for the transfer of unused development rights from one zoning lot to another in special circumstances, usually to promote the preservation of historic buildings, open space or unique cultural resources.

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टी/ड�आर विकेत� क्ष�त्रफळा�वार?

८०% क्ष�त्रफळा�वार दि5�� ज�त6

स�पा,णी� क्ष�त्रफळा�च्या�? विनेव्वाळा क्ष�त्रफळा�8च्या�?

(आर. ज�, … म�केळा� क्ष�त्रफळा वार्गळा,ने)

रस्त� रुं� 5/केरणी�चे� ज�र्ग� केध� त�ब्या�त घ्या�वा�

• ज�र्ग� त�ब्या�त घे�उने ७/१२ महा�नेर्गरपा���के� च्या� ने�वा= केरण्या�पा,वा? चेटीई क्ष�त्र अंने,ज्ञे�या केरत� या�ई� के�या?

आरक्षणी�खा���� ज�र्ग�चे� त�बां� ने घे�त� त्या�चे भु,खा�ड�वार 5�खा�� दिटीविडआर म�ज,र केरत� या�णी�र

ने�हा�

आर ज� चे� विकेम�ने रुं� 5/ वा क्ष�त्रफळा विकेत� अंस�वा�?

७.५ म�१२५ चेF.म�.

एके�पा�क्ष� ज�स्त ज�र्ग� प्रस्त�विवात अंसल्या�स प्रत्या�के आर.ज�. चे� विकेम�ने क्ष�त्रफळा विकेत�

अंस�वा�?

७५० चेF.म�.

ने�.ज.के.ध�. अंधिधविनेयाम अंथवा� इतर के�णीत्या�हा� के�रणी�ने� शा�सने�स किंकेMवा�

महा�पा���के� स हास्त��तर�त केरण्या�च्या� क्ष�त्र�चे� नेके�शा�वार विने5Nशाने आवाश्याके आहा�

Sky Exposure PlaneA sky exposure plane is a virtual sloping lane that begins at a specified height and rises inward over the zoning lot at a ratio of vertical distance to horizontal distance set forth in regulations. It is designed to provide light and air at street level, primarily in medium- and higher-density areas, and must not be penetrated by the building (except for permitted obstructions).04/08/23 78Anil Lad

अंने,ज्ञे�या उ�चे�पा�क्ष� ज�स्त उ�चे� अंने,ज्ञे�या केरत� या�ई� के�?

ने�हा�

वारच्या� मजल्या�वार�� खा�ल्या��चे� उ�चे� केम�� अंने,ज्ञे�या ४.२० म� उ�चे�

पा�क्ष� ज�स्त उ�चे�स पारवा�नेर्ग�दि5ल्या�स ५०% वा�ढी/वा बां��धके�म क्ष�त्र�चे�

र्गणीने� केर�वा� ��र्गत�

Marginal open spaces

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इम�रत�चे� बां�ज,चे� सम�लिसके अं�तर�त स,टी 5�त� या�ई� के�या?

हा�या

इम�रत�चे� म�र्ग�� स�म�लिसके अं�तर विकेम�ने विकेत�?

तळ्घेर विबांल्डींSर्ग ��इनेच्या� बां�हा�र प्रस्त�विवात केरत� या�ई� के�या?

Parking

Expressed in terms of percentage of plot area Based on1.Number of tenements / Occupancy2.Kind of use3.Type of vehicle to be parked04/08/23 88Anil Lad

आवाश्याके पा�र्किंकेMर्ग क्ष�त्रफळा�त,ने स,टी 5�त� या�ई� के�?

ने�हा�

प्रस्त�विवात बां��धके�म २०००० चेF. म�. पा�क्ष� ज�स्त अंसल्या�स पाया��वारणी

विवाभु�र्ग�चे� ने�.हा.प्र. आवाश्याके

रिरफ्या,ज एरिरया� म्हाणीज� के�या? त� विकेत� अंस�वा�? त� आवाश्याके आहा� के�या?

सम�वा�शाके आरक्षणी�त,ने महा�पा�लि�के� के�या���या विवाकेलिसत केरत� या�ई� के�या?

२५% बां��धके�म क्ष�त्र�च्या� म�बां58ल्या�त केरत� या�णी�र ने�हा�

Thank you for your attention

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