esci regulatory issues -inframanagement

Regulatory ISSUES IN INFRASTRUCTURE MANAGEMENT

S.P.Shorey August 2011

Regulatory ISSUES IN INFRASTRUCTURE MANAGEMENT

• 1. Building Regulations, effect on Cost and Floor Space Index, Approval of plans and sanction for construction, equipment and material selection, standardization

• 2. Service Facilities: Land Use regulations, Pavements, Parking spaces, Recreational facilities.

Issues in urban infrastructure management.

• Land availability.• Ownership of land• Land transfer• Environmental clearances.• Revenue laws (land taxation)• Land use Zoning• Land sub-division• Building regulations.

urbanplanningRegulatoryaspects-spshorey 4

Aspects

• Constitution of India, state & central laws.• Principles of development control and

imposing land use plans.• Process of plan preparation under law

including public consultation.


“Fundamental Duty”

• Art 51A. Fundamental Duties - It shall be the duty of every citizen of India (f) to value and preserve the rich heritage of our composite culture;

• (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.


Directive Principles of State Policy

• Art 48 A. The State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country.

• Art 49. It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest,

declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

• Read with Seventh Schedule


Regulatory aspects in Urban PlanningConstitution of India- Seventh Schedule: List II. State List.

– Entry 5-Local Government– Local government, that is to say, the constitution and

powers of municipal corporations, improvement trusts, districts boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.

– Entry 18 - Land.– Land, that is to say, rights in or over land, land tenures

including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.


Regulatory aspects in Urban Planning

Urban Planning:–Enforcement of plans–Capital infrastructure

building–Maintaining infrastructure



• Land Use Planning– Master Plans– Development Plans– Structure Plans – Town Planning Schemes



• Acts• Rules• Regulations• Bye laws• Executive Orders



• Process of plan preparation• Public participation.


UDPFI Guidelines, August 1996.

• Perspective Plan; a long term 20-25 years broad policy plan (like the current Master Plans)

• Development Plan; detailed plans for say 5 years period to coincide with state Five year plans

• Annual Plan: annual targets in more details and • Plans of projects/Schemes: specific road

development or parks, shopping areas etc.



• Environment Protection Act• Environment Protection Rules• MSW rules.• Energy Conservation Act• SEZ Act 2005 & rules 2006• FDI Policy 2006• EI notification 2006• Disaster management plan 2005.


Reports of the National Commission on Urbanisation, Government of India, 1988.

Urban Development Plan Formulation and Implementation Guidelines (UDPFI), 1996. Government of India.

National Slum Policy, Oct 2001.

National Environment Policy, 2006

National Urban Housing and Habitat Policy- 2005.

National Urban Transport Policy 2006.

NO NATIONAL URBAN POLICY SO FAR

S.P.Shorey Sept. 2007 IIM A 15

Town Planning defined

“City planning embraces the organization or conscious influencing, of land-use distribution in an area already built-up or intended to become built-up. (Wikipedia )


Lewis Keeble-“We are concerned in town planning with”:

Ensuring accessibility aesthetics

providing space for all urban needs

deriving urban form based on topography

separation of incompatible uses

economy and efficiency.


Elements- characteristic of City Planning

(1) general plans that summarize the objectives of (and restraints on) land

development; (2) zoning and subdivision controls that specify permissible land uses,

densities, and requirements for streets, utility services, and other improvements;

(3) plans for traffic flow and public transportation; (4) strategies for economic revitalization of depressed urban and rural areas; (5) strategies for supportive action to help disadvantaged social groups; and (6) guidelines for environmental protection and preservation of scarce

resources.

"City Planning," Microsoft® Encarta® Encyclopedia 2000. © 1993-1999 Microsoft Corporation.


Why Urban Planning?

• “A number of people wonder if there really is a need for urban planning because,

• in most cities, planning is done by sectors, (for instance, water, transport, housing, etc) and those sectors are very often managed pretty well.”

• Alain Bertaud supports the need- “Urban planning is supposed to “plan” across sectors.


National Urban Housing and Habitat Policy- 2005Ministry of Urban Employment and Poverty Alleviation Govt. of India

• 5.3 Regulatory and Regulatory reforms• (i) repeal the Urban Land Ceiling Act, • (ii) Procedures for sanctioning building plans • (iii) The preparation of a master plan would be

made time bound and be put in place before expiry of current plan.

• The laws and procedure fornotification of new master plan would be simplified.



• (iv) Master Plans would make specific provision for the involvement of private sector, who should inevitably build 20-25 % of housing units reserved for EWS/LIG.

• (v) All states would be advised to adopt any “Model Municipal Law”prepared by central government.

• (vi) Rent Control Legislations in the States would be amended to stimulate investment in rental housing in line with a Model Rent Control Act as



• (vii) FAR/FSI need to be optimised • (viii) Considering the specific requirements of housing and

urban infrastructure projects, a land policy would be drawn up.

• The provision in Land Acquisition Act 1894 to acquire land for private companies,

• The existing rules, guidelines, government orders would be reviewed

• (ix) The concerned land policy and land-use regulations should provide statutory support for land assembly, land pooling and sharing arrangements.



• (x) NGOs and CBO would be promoted as part of P-P-P housing schemes.

• (xi) The Acts relating to the Insurance Sector would be amended to

• facilitate Mortgage Insurance in the country.• (xii) Title Insurance would be encouraged for housing

to prevent fraudulent transactions.• (xiv) The laws relating to housing cooperatives need

amendment to facilitate housing cooperatives to take up Slum Rehabilitation projects.



• (xv) rationalise the scale of stamp duty on residential and non-residential properties to about 2-3%.

• (xvi) With the introduction of information technology, States would be persuaded to simplify registration procedures in the conveyance of immovable properties.

• The Indian Registration Act and the rules, circulars, guidelines and government orders issued by the respective State Government would be amended within a time-frame so that non-encumbrance certificate and other details would be readily available for any transaction of land.



• (xvii) The land revenue records of the States and other governments would be computerized and put on GIS mode within a time frame.

• (xviii) The present process of issue of stamp papers from Collectorate, Treasuries and Stamp vendors would be modified to pay the stamp duty directly in the proper head of account of the State Govt. in the specified bank.

• (xix) Property Tax reforms (such as Unit Area Method) would be undertaken.

• (xx) The States would be persuaded to enact Apartment Ownership Legislations. In this regard, Model bye laws may be framed by the Union Government.



• (xxii) Urban renewal of inner cities is becoming imperative. The Municipal laws/building bye-laws and planning regulations may be amended to take care of upgradation.

• Restrictions imposed by CRZ and• Rent Control Act would be reviewed.



• (xxiii) Clean environment and quality of life in the settlements depend on various legislations and coordination among the Regulatory authorities.

• There is a need to integrate policies regarding air and water pollution,

• solid waste disposal, use of solar energy, rain water harvesting, energy recovery from wastes and electricity supply in the planning process.

• Maintenance of internal feeder/distribution lines free from pollution would be the obligation of the developer/local bodies.



• 74th amendment to the Constitution.

• 243W. Powers, authority and responsibilities of Municipalities, etc.-Subject to the provisions of this Constitution, the Legislature of aState may, by law, endow-

• (a) the Municipalities with such powers and authority as may benecessary to enable them to function as institutions ofself-government and such law may contain provisions for the devolutionof powers and responsibilities upon Municipalities, subject to suchconditions as may be specified therein, with respect to-

• (i) the preparation of plans for economic development and socialjustice;

• (ii) the performance of functions and the implementation of schemes asmay be entrusted to them including those in relation to the matterslisted in the Twelfth Schedule;

• (b) the Committees with such powers and authority as may be necessaryto enable them to carry out the responsibilities conferred upon themincluding those in relation to the matters listed in the TwelfthSchedule.


Regulatory aspects in Urban Planning• "TWELFTH SCHEDULE of Constitution of India.• (Article 243W)• 1. Urban planning including town planning.• 2. Regulation of land-use and construction of buildings.• 3. Planning for economic and social development.• 4. Roads and bridges.• 5. Water supply for domestic, industrial and commercial purposes.• 6. Public health, sanitation conservancy and solid waste manage-

ment.• 7. Fire services.• 8. Urban forestry, protection of the environment and promotion of

ecological aspects.• 9. Safeguarding the interests of weaker sections of society,

including the handicapped and mentally retarded.• 10. Slum improvement and upgradation.• 11. Urban poverty alleviation.• 12. Provision of urban amenities and facilities such as parks,

gardens, playgrounds.• 13. Promotion of cultural, educational and aesthetic aspects.• 14. Burials and burial grounds; cremations, cremation grounds and

electric crematoriums.• 15. Cattle pounds; prevention of cruelty to animals.• 16. Vital statistics including registration of births and deaths.• 17. Public amenities including street lighting, parking lots, bus

stops and public conveniences.• 18. Regulation of slaughter houses and tanneries.''.


Art. 243 ZECommittee for Metropolitan Planning.

• to prepare a Draft Development Plan for the Metropolitan area as a whole.

• The Legislature of a State may, by law, make provision :(a) not less than two-thirds of the members shall be elected by and from

amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;

(c) the representation of Government of India and the State and of such organisations and institutions

(d) the functions relating to planning and coordination for the Metropolitan area

(e) the manner in which the Chairpersons shall be chosen.


Art. 243 ZE.contd.Committee on Metropolitan Planning: contd.• The Draft Development Plan,-• (a) shall have regard to-• coordinated spatial planning of the area, sharing of water

and other physical and natural resources, the integrated development of infrastructure and environmental conservation

• (iv) the extent and nature of investments likely to be made in the Metropolitan area and other available resources whether financial or otherwise.

• Submit Draft development plan, to the Government of the State.


The Model Town and Regional Planning and Development Law 1985

• formulated by the Town & Country Planning Organisation (TCPO) of the Ministry of Urban Development Government of India.

• A State Regional & Town Planning Board• Metropolitan, Regional and Area Planning and Development

Authorities at appropriate levels• Possibility of ULBs being designated as Area Planning and

Development Authorities• Preparation of an Existing Land Use Map, an Outline

Development Plan and a comprehensive Development Plan and finally preparation of detailed schemes


National Environment Policy 2006Approved by the Union Cabinet on 18 May, 2006

Environmentally Sensitive ZonesUse of Economic Principles in EnvironmentalLand Degradation Desert Ecosystems Forests and Wildlife Biodiversity, Traditional Knowledge andNatural HeritageFreshwater Resources River systemsGroundwaterWetlandsMountain Ecosystems Coastal ResourcesPollution Abatement Air PollutionWater PollutionSoil PollutionNoise PollutionConservation of Manmade Heritage

Land Use Zoning

• Urban Development Plan Formulation and Implementation Guidelines (UDPFI) Government of India.

Level-1 Level-IIUSE ZONE N A-N USE ZONE

Residential 11 R-1 Primary Residential zone

12 R-2 Mixed Residential Zone

13 R-3 Unplanned / Informal Residential Zone

Commercial 21 C-1 Retail Shopping Zone

22 C-2 General Business and Commercial District / Centers

23 C-3 Wholesale, Godowns, Warehousing / Regulated Markets

Manufacturing 31 M-1 Service and Light Industry

32 M-2 Extensive and Heavy Industry

33 M-3 Special Industrial Zone Hazardous, Noxious and Chemical

Public and Semi-Public

41 PS-1 Govt./Semi Govt./Public Offices

42 PS-2 Govt. Land (use undetermined)

43 PS-3 Educational and Research

44 PS-4 Medical and Health

45 PS-5 Social Cultural and Religious

46 PS-6 Utilities and Services

47 PS-7 Cremation and Burial-grounds

Recreational 51 P-1 Playgrounds/Stadium/Sports Complex

52 P-2 Parks & Gardens – Public Open Spaces

53 P-3 Special Recreational Zone – Restricted Open Spaces

54 P-4 Multi-Open Space (Maidan)

Transportation and Communication

61 T-1 Roads

62 T-2 Railways

63 T-3 Airport

64 T-4 Seaports and Dockyards

65 T-5 Bus Depots/Truck Terminals and Freight Complexes

66 T-6 Transmission & Communication

Agriculture and Water Bodies

71 A-1 Agriculture

72 A-2 Forest

73 A-3 Poultry and Dairy Farming

74 A-4 Rural Settlements

75 A-5 Brick Kiln and Extractive Areas

76 A-6 Water Bodies

Special Area 81 S-1 Old Built-up (Core) Area

82 S-2 Heritage and Conservation Areas

83 S-3 Scenic Value Areas

84 S-4 Village Settlement

85 S-5 Other Uses

Notes on zoning regulations• Areas of informal activities may be identified in the above land use categories at

Level-II.• Mixed use zone may be identified at the development plan level, having more

than one use zone with mixed activities of such use zones.• In all, there could be 35 use zones at the development plan level within eight land

use categories at the perspective plan level as given in the above table.• Use premises for different activities, as specified in the next section on Simplified

Use Zone Regulations could be provided at the project / action plan level or with the approval of the Competent Authority as the case may be.

• Use Zone regulations for the use permissibility (from the suggestive list) could be decided by the town planner depending upon the requirement / feasibility.

• Appropriate code in terms of both numerical and alphabetic (letter) are provided to facilitate the reference and to have a simplified procedure to follow.

C.2.10 RESIDENTIAL (R) In Residential Use Zones R (Primary Residential Zone, Mixed Residential Zone, Unplanned/Informal Residential Zone – i.e. R-1, R-2 & R-3), for general guidance, the following uses/activities are prescribed as permitted, permissible on an application to the Competent Authority and as prohibited. The buildings / premises are permitted for the following uses / activities on specific sites / locations indicated in the layout plan, action plan and project / scheme.Permitted Use/Activity Permissible Uses/Activities Prohibited Uses/ActivitiesResidence – plotted, (detached, semi-detatched and row housing) group housing houses, residential-cum-work, hostels and boarding houses, night shelters, foreign missions, dharamshala, barat ghat, community hall, police post, guest houses, convenience shopping centres, local (retain shopping), medical, clinics, dispensaries, nursimg home and health centres (20 bed), professional offices, educational buildings: (nursery, primary, high school, college), research institutes, community centres, auditoriums, religious premises, weekly markets, library, gymnasium, part/totlots, plant nursery, technical training centre, yoga centres/health clinics, exhibition and art gallery, clubs, banks, police stations, taxi stand/three wheeler stands, bus stops, electrical distribution depot, water pumping station, post offices, hostels of non-commercial nature, kindergartens, public utilities and buildings except service and storage yards.

Petrol pumps, motor vehicle repairing workshops / garages, household industry, bakeries and confectionaries, storage of LPG gas cylinders, burial grounds, restaurants and hotels, printing press, godowns / warehousing, bus depots without workshop, cinema halls, markets for retail goods, multipurpose or junior technical shops, transient visitors camp, municipal, state and central government offices.

Heavy large and extensive industry: noxious, obnoxious and hazardous industries, warehousing, storage godowns of perishables, hazardous, inflammable goods, turnkey yards, workshops for buses etc., slaughter-housing, wholsale mandis, hospitals treating contagious diseases, sewage treatment plant / disposal work, water treatment plant, solid waste dumping yards, outdoor games stadium, indoor games stadium, shooting range, zoological garden, botonical garden, bird sanctuary, picnic hut, international conference centre, courts, sports training centre, reformatory, district batalian office, forensic science laboratory.

• Set Back Rules.• Sub division rules• Parking norms.• Density norms (FAR/FSI)


Understanding population density figures.

• 42 degrees centigrade –is “HOT”

BUT

• The figure of 3 FAR or 1500 persons per hectare Gross Residential Density means nothing to the common man.


locality

2001 gross density PPH

2001 gross resid density (by assuming double)

Jubilee hills 42 84

Banjara hills 57 114

Punjagutta 170 340

West Maredpally 248 496

Begumbazar 401 802

Nampally 453 906

Comparative population densities

In Hyderabad localities


locality

2001 gross density PPH

2001 gross resid density (by assuming double

Chaderghat 590 1180

Kalasiguda 761 1522

Osmangunj 806 1612

Dabirpura 838 1676

Aghapura 1179 2358

Puranapul area 1344 2688Gandhinagar, kavadiguda 1536 3072

Comparative population densities

In Hyderabad localities


FAR - Density relationship:

A simplistic estimate

Take an area of 10 Hectares

or 25 acres. (as a block in the centre of a large city.)

Total area 10 Hectares

Or ( @ 1 Hectare = 10000 sqkm) 100000 sqm

deduct roads & other common areas @ 50% (to take a higher figure) 50000 sqm

balance area on plots on which buildings are built. 50000 sqm

FAR /FSI- @ 4.00-gross, assumed based on five storied buildings occupying 80% ground coverage

built up area on plots- 50000 sqm X 4.00 200000 sqm


built up area on plots- 50000 sqm X 4.00 200000 sqm

dwelling units based on 100 sqm /flat (1000 sqft) 2000 flats

based on 5 persons per flat 10000 people on 10 hectares.

gross residential density 1000 persons per hectare.

The density figure will appreciably vary depending upon size of flat, percentage of area under roads and common areas and number of people per flat.

4.00 consumed FAR/FSI may thus give a Gross residential density range of say 750 to 1500 persons per hectare.

density reached based on prescribed 2.00 FAR/FSI plus common areas ie nearly 2.5.

prescribed 2.00 FAR /FSI will give gross residential area density range of 470 PPH to 940 PPH (not half because of common areas)

FAR - Density relationship: contd.


FAR - ROAD WIDTH RELATIONSHIP(follow previous example)

• 10 ha block (330mX330m) of high income HH of 2000 flats may have 2000 to 4000 cars. (at 4 FAR as detailed earlier)

• Assume this is served by 4 roads of 12m width (1+1 lane CW).

• @ 1000 cars /hr/lane capacity, each lane will have 1000 cars/hour.

• Residents will need 30m to 60m within the block to reach home. Thus you need wider road.

• 12m roads may serve only 2.00 FAR

• You may reach home in 15 minutes.


Higher FAR/FSI raises Land Value Ref: Madras Metropolitan Development Authority, Madras 2011, Land Values in Madras

Metropolitan Area, The Times Research Foundation, volume III-p171. Research Paper by C.H Gopinath Rao, Architect & Valuer, October 1991.

An increase in FAR effected by the Authorities from 1.50 to 2.00 ( 33.33%) would lead to an increase in land value from Rs 270/sft to Rs 370/ sft.- an increase of 37%.

REASON GIVEN BY MMDA STUDY: readiness of developer to pay higher price for land to the land owner.

REASON NOT GIVEN BY THE MMDA STUDY:

No sane land owner should agree to part with land at old prices if the Government announces an increase in FAR/FSI.

MMDA – now renamed Chennai Metropolitan Development Authority (CMDA)


Higher FAR/FSI raises cost of construction.

• Higher FAR requires taller buildings.

• The taller the building the more the cost of construction per built up floor area. (on structure, fire safety, lifts and other services).


High FAR: Low FAR ? The “critical trade off”.(NCU 1988- expanded)

FAR

Cost of land per built up area.

Cost of construction

Cost of land quoted by land owner

Costs

OPTIMISE ?


Model Building Byelaws.

Ministry of Urban Development, Government of India.

Also see Urban Development Plan Formulation & Implementation Guidelines. GOI


“ Bangalore Vision 2015The Vision 2015 map defines a framework and general directions to

spatially delineate the areas where development is to be focused and promoted. It provides a strategic vision for the city and forms the basis for the Draft Master Plan. The Master Plan has flagged the

following “Principles”.1. Respect the natural environment2. Promote economic efficiency3. Ensure social equity4. Preserve historical heritage5. Ensure efficient and affordable transport

systems6. Structure development in relation to a strategic

transport network.


BangaloreSalient Features of the Draft Master Plan

1. Local Planning Area (LPA) or Bangalore Metropolitan2. Area (BMA) - 1306 sq. kms

3. Area for development (conurbation area) - 786 sq. kms

4. Green belt and agricultural areas - 455 sq. kms

5. Projected population (for 2015 within BMA) - 8.84 million

How to implement Green Belt areas.


Bangalore 2015 Master Plan . Regulations.


Chennai Master Plan :

Regulations for Multi Storied Buildings.


Delhi Master Plan - Feb 07

residential plot plotted housing

FAR range 1.20 to 3.50

3.50 for the small plots upto 75sqm

Residential plot group housing

min plot 3000 sqm

max coverage 33.3%

max FAR 2.00

min 15% FAR or 35% DUs-

(25-40 sqm) for EWS etc.

Comml areas- max FAR 2.00


Paradoxes & Debates• Managing Urban

Development- a complex task.

• conflicting ideas and facts.

• Several experts have implied that “urban regulations in India are resulting in low densities.”

• Resulting in ‘sprawl’

Role of speculation in ‘SPRAWL’ ?


Comparative Population Densities

16 21 36 40 53 58 6288 96 101107

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Mumbai & other Indian cities among the most densely populated.

SOURCE http://alain-bertaud.com


Victimless Crime?“some (planning) regulations encourage corruption.

The corruption is compounded by the fact that nobody sees any social benefit in enforcing the regulation (contrary to environmental regulations where the social benefits are usually obvious to all). For this reason, flaunting (urban) regulations is considered a victimless crime”.

“The economic impact of land and urban planning regulations in India” (Memorandum, Alain Bertaud, April 11 2002, India – Urban Land Reform, http://alain-bertaud.com)

(phrases in brackets are authors)


Master Plan or something else?• February 1995 Government of

India organized a National Workshop on “Master Plan Approach: Its Efficacy and Alternatives”. After two days of extensive deliberations by more than 100 experts and officials, the Workshop concluded :

• “… the only alternative to the Master Plan is a better Master Plan”.

• (Proceedings published by the Town & Country Planning Organisation (TCPO) , Government of India, Ministry of Urban Affairs and Employment.)


Place of Urban planning in India and public perception

• Democratically elected governments must ‘respect’ public mood for their survival.

• Urban Planning considerations receive the lowest priority in government decision-making on locating Industries, housing projects, shopping malls or Special Economic Zones. (SEZs).

• Common allegation against the town planning system is that it is not a participative process.



• The law requires that no plans can be brought in to force without following a process of public notices and without hearing objections and suggestions.

• Public response is generally poor. • No plan is a good plan for someone whose personal

interest is affected.• In most investment decisions, people, investors and

the governments look at urban development departments as just one of the many bottlenecks.



• Serious doubts have been raised in the representative-ness of the public representatives who are involved in the plan making process by no less than the CDS (City Development Strategy) process in some cities which envisaged the participation of “members of civil society” at the grass root level. Does it imply that the elected councilors or the Members of Legislative Assembly do not form part of “civil society”.

“Members of the Civil Society”


Master Plans mere permission granting tools?

• What is difficult?• Long term planned growth:

coordination.• Implementation of the

roads, amenities and services in Master Plan in a regular & phased manner. (no glamour)

• Your successor will get the credit.

• Organisational Tasks.• Raising funds for external

infrastructure.

• What is easy and gives instant credit ?

• Commercial complexes.• Small Housing projects.• Parks.• Other quick–fix schemes

that can be finished in 2 or 3 years.


Resources for Master Plan implementation.

Examples exist:• External Betterment Charges• Premium on FAR• Vacant Land Charges.

• Presently dependent on Seasonal Schemes:

• Mega Cities Project 1993• JNNURM 2006


Master Plans in the era of JNNURM, FDI Townships, SEZs

JNNURM reforms:1. ‘Revision of bye-laws to STREAMLINE the approval

process for construction of buildings, development of sites etc’.

2. ‘Simplification of Regulatory and procedural frameworks for CONVERSION of agricultural land for non-agricultural purposes’.

• Real causes of delays & malpractices ?

Master Plans

• Master Plans prepared by Local Bodies, Town Improvement Trusts and Urban Development Authorities.

• Nomenclature of Plans.• The contents of a Master Plan • The process of preparing a Master Plan • Key suggestions made in recent years in

respect of Master Plans.

The contents of a Master Plan

• A ‘Base Map’ for the city showing latest physical features.

• A Map showing use of land and the built up areas at a given point of time known as Existing Land Use Map or Present Land Use Map to act as a reference point for future.

• A report containing the statement of current problems and the status of infrastructure and services in the city.

• Report containing projections of populations, employment and economy of the city.

The contents of a Master Plan

• An analysis of the needs of the future population of the city.• Land requirements for various uses in future – assuming a

target year of say 20 years ahead.• A Proposed Land Use Plan for the future date.• Land Use Zoning Regulations to be read with the proposed

land use plan.• Sub division and Layout regulations.• Building regulations,• Special provisions for conservation of natural and man-made

heritage and environment.

The process of preparing a Master Plan • Preparing an updated base map.• Carrying out physical and land use surveys.• Compilation of data on population, social and physical infrastructure

from primary as well as secondary sources.• Preparing an Existing Land use plan.• Integration of cadastral data in the land use plan.• Analysis of all data to bring out current deficiencies, major problems,

future projections and estimating land requirement for various activities.

• Drawing up a suggestive land use map for the future assuming norms and standards of densities and space requirements.

• Determining policies with regard to already developed and built up areas and for the areas proposed for new growth.

• Formulation of a draft Proposed Land Use map along with zoning regulations describing activities permitted in each land use Zone.

The process of preparing a Master Plan• Sub division and building regulations.• Special regulations needed for specific cities.• Publication of draft plan for public objections and suggestions • Specific and individual consultations with elected local bodies in the area.• Processing of the objections and suggestions received.• Draft is modified to the extent of objections and suggestions agreed by the ULB or

Authority.• In some states individual hearing of each objection and suggestion is mandated by law. In

others it is not needed.• Master Plan containing the existing and proposed land use maps, the zoning regulations

and full statements of all objections and suggestions and the processing thereof is submitted to the State Government for approval.

• The State Governments have 3 options: to approve the plan as it is , to reject it and call for fresh preparation or to approve the plan with modification that are ordered by the Government.

• Normally the State Governments take several years to finally approve the plans.• The plan if approved by the state Government comes in to operation upon a specific public

notification on the date of such notification normally made by the ULB or the Authority,

Key suggestions made in recent years in respect of Master Plans.

• Starting from the Urban Development Plan Formulation and Implementation guidelines, (UDPFI) the National Housing and Habitat Policy and other recent policy documents there is a general recommendation to install a 3 tier planning process:

• Perspective Plan for long term- say 20 years ( somewhat similar to the present Master Plans)

• Development Plan- an action oriented plan to coincide with economic planning hence for 5 years period. This will bridge the current gap between physical and developmental planning at state and city level. CDPs made under JNNURM can stand as the basis of Development Plans.

• Annual plan- yearly plan of schemes to be implemented in a city within the framework of overall plan.

Vehicle parking norms

• UDPFI guidelines.• Issues.• Recent trends.

Sl. Use/Use Premises Equivalent Car Spaces No. (ECS) as per 100 sq.m. Of floor area. 1. Residential Group Housing, Plotted Housing (plots above 0.50 - 1.50 250 sq.m.) and Mixed Use. 2. Commercial i) Wholesale Trade and Freight Complex 1.50 - 2.50 (including parking for loading and unloading) ii) City Centre, district center, hotel, cinema and others 1.00 - 2.00 iii) Community center, local shopping center, convenience shopping center. 0.50 - 1.50 3. Public and Semi-Public Facilities i) Nursing home, hospitals (other than government), 0.50 - 1.50 social, cultural and other institutions, government and semi-government offices. ii) Schools, college and university government 0.25 - 0.75 hospitals. 4. Industrial Light & service industry, flatted group industry, 0.50 - 1.00 Extensive industry.

Note: 1) For the provision of car parking spaces, the space standards shall be as under:

a) For open parking 18.0 sq.m. per equivalent car space. b) For ground floor covered parking 23.0 sq.m. per equivalent car space. c) For basement 28.0 sq.m. per equivalent car space.

2) In the use premises, parking on the above standards may be provided on the ground floor, or in the basement (where the provision exists).

3) In case of organized centers like district center and community center to meet with the above demand of parking, additional underground space (besides the basement) may be provided below the plazas or pedestrian or open spaces but within the setback lines.

4) Plots forming part of any commercial development, basement(s) maximum equivalent to the plot area within the building envelope line, may be permitted for parking and services such as electric sub-station with specifications and approval, installation of electrification for fire lighting equipment with the approval and any other services with appropriate approval.

Sl. Plot Size (in sq.m.) Front Rear in Side Side No. -------------------------- Plains Hills

1. Upto 60 0 0 2 0 0 2. Above 60 & upto 150 3 0 2 0 0 3. Above 150 & upto 300 3 3 3 0 0 4. Above 300 & upto 500 3 3 3 3 0 5. Above 500 & upto 1000 6 3 3 3 3 6. Above 1000 & upto 2000 9 3 3 3 3 7. Above 2000 & upto 4000 9 6 6 6 6 8. Above 4000 & upto 10000 9 6 6 6 6 9. Above 10000 10 9 9 9 9

Set back norms

National Building code 2005 • The previous version; NBC 1983 had an Appendix D (referring to Clause 12.20) to

prescribe ‘Special Requirements for Low Income Housing’. The code clarified at the outset that ‘The requirements regarding layout planning of low income housing colonies are applicable to public agencies /government bodies. (Italics are in original text of Code);

• Thus this appendix did not apply to private developers and individuals who would build their own house. The Codes were designed primarily to ensure the minimum quality of housing as a product, just as the BIS stipulates norms for Electric Fans or Pressure Cookers.

• The present situation where the role of private sector in public housing is well established and also sought to be expanded in the interest of increasing housing supply manifold, such exclusion is anachronistic.

• The NBC 2005 modifies this position and in annex C stated that ‘the requirement regarding layout planning of low income housing colonies are applicable to public and private agencies/government bodies.

Density and cluster size: plot size and height of buildings.

• Minimum plot sizes of 30 sq m as in NBC 1983 are retained in NBC 2005 but in ‘cluster planning’ even 15 sqm plots are allowed in NBC 2005 in C-2.3.1.

• NBC 2005 in C-2.4 allows densities upto 150 dwelling units per hectare, but for developments with per dwelling unit covered area of 15 sqm maximum densities of 500 DU/Ha shall be permissible. ( C-2.4.2)

• In C-2.5 the NBC 2005 fixes maximum height of buildings as 15 meters but adds that LIG housing should be preferably up to maximum of two storeyed.

•

• The NBC 2005 suggests every dwelling unit for low income housing should have at least two ‘habitable rooms’. It says even if one room is provided initially, it should have provision of adding another room in future. The total area of both the rooms is 16 sqm and 15.5 sqm in 1983 & 2005 codes.

• A significant new provision in the 2005 code is that allows a Mezzanine room up to 6.50 sqm while the clear height below and above the Mezzanine floor should be 2.4 and 2.1 meters respectively.

• NBC 2005 makes Water Seal Latrines mandatory. This is a new provision.

• In both 1983 and 2005 versions the NBC stipulates roads and pathways upto 6 meters wide.

Process of plan approval• Building permissions needed from local bodies

or authorities.• Plan must comply with land use map under

Master Plan if there is a notified master plan in force.

• Site must form part of approved layout.• Deemed approval• Delegation to licenced architects & engineers• E approval of plans.

• Difference between Urban Development Authorities and Municipalities.

• Resource generation for infrastructure development.

• Development Charges & External Betterment Charges.

• Revenue clearances.• Airport and Fire Safety clearances.

Thank you very much


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