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UD allows conditional NDZ development, Aarey to remain green zone

Jan 02, 2024 07:56 AM IST

The urban development department (UD) on December 28 approved the ‘Excluded Part’ (EP) of the Development Control and Promotion Regulations 2034. The EP refers to parts of the Development Plan that were not sanctioned and were open for public inspection

MUMBAI: The urban development department (UD) on December 28 approved the ‘Excluded Part’ (EP) of the Development Control and Promotion Regulations 2034. The EP refers to parts of the Development Plan that were not sanctioned and were open for public inspection.

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While submitting the Draft Development Plan, the BMC had proposed that NDZs be shown as Special Development Zones (SDZs) based on certain proposals. The UD has now rejected proposals for several SDZs, while allowing restricted development in No Development Zones (NDZ) on specific conditions.

In the 1991 development regulations, there was a provision in Regulation 60 that the development of IT and IT Enabled Services (ITES) parks, buildings of educational institutions, medical institutions and lands declared as tourism development zones could be permitted in NDZs. These provisions were not included in the draft DCPR 2034. However, the government has now incorporated these provisions again on the grounds that while it was necessary to restrict development in NDZs, it is also necessary to develop ITES parks as part of the IT policy and help generate employment.

After several reports by the deputy director of town planning, who heard public suggestions/objections, and the director, town planning, up to March 2022, the UD finally approved the EP on December 28 and directed that a copy of it be made available for inspection to the general public for a period of one year with the chief engineer (DP) of BMC.

Regulation 33( 8), under which construction of affordable housing in SDZs was allowed, has been entirely deleted. In a table in Regulation 34 pertaining to permitted land use, an SDZ was defined as a zone to be developed predominantly for society at large with emphasis on affordable housing and necessary social infrastructure. The definition the government has now sanctioned is: a Special Development Zone (SDZ) is one that is shown on a No Development Zone (NDZ) on the DP but is predominantly encumbered with existing structures eligible for rehabilitation under the Slum Redevelopment Scheme.

In a clause in Regulation 34, the government has rectified the earlier rules in SDZs and stated that slum structures can be redeveloped, provided the redevelopment happens on 65 per cent land, while the remaining 35 percent is handed over to the BMC to be used for open amenities.

The UD has also deleted the provisions for mega tourism projects, amusement parks, and miscellaneous uses of land under Regulation 34. Similarly, Regulation 3.5, which was deleted in the draft, has now been replaced with conditional uses of NDZs. These conditions are: NDZs are permissible, provided limited services will be provided by the BMC with special premium for these services to be decided by the BMC commissioner.

Institutional development of convention centres, institutions providing higher education and medical institutions have been allowed, provided the maximum FSI is 0.20, development is on one part of the land, and ground coverage does not exceed 10 percent of the plot area. Essential residential services for staff quarters will be allowed on 33 percent of the permissible built-up area.

Similarly, development for cinema and TV film production has been allowed, provided the total permissible FSI does not exceed 0.2 and construction is confined to 10 percent of the plot and the remaining area is used for planting up to 500 trees. For IT and IT Enabled Services (ITES), parks and data centres, the base FSI will be 0.20 and additional FSI will be allowed after payment of premium as per regulation 33(13). Tourism Development Areas (TDAs) will also be allowed to be developed on NDZs with certain conditions and on the recommendation of a seven-member committee headed by the tourism development department secretary.

“We have mostly rejected all SDZ proposals and approved only those parts which are basically slums,” said a senior government official. “Developers are supposed to hand over 35 percent of this land for recreational grounds (RGs) and playgrounds (PGs) to the BMC. We have accepted some proposals in No Development Zones with certain conditions. Aarey Milk Colony has been maintained as a complete green zone.”

 
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