Accommodation Times News Services
By Adv. Rajendra Singhvi
The Draft Development Plan 2034 with its own overall positive prospective needs to be improvised. Packed with special features with Higher FSI, Introduction of Transit Oriented Development, Introduction of Zonal FSI, Local Area Plans,Reservation Policy,Inclusionary Housing, Multiple use of open spaces, Environmental Sustainability,Simplification of Marginal Open Spaces, Creating a pool of land for public purposes, Special Development Area, etc. is now open to public at large for their objections and suggestions. While curtailing several concessions available under present DCR 35(2), it proposes Higher FSI and is focused more on Housing then in amenities i.e. covered Swimming Pools, Club Houses and grand entrance Lobbies will be all counted in FSI. However some of the amenities are made mandatory and are to be counted in FSI like society office, servant toilets blocks, refuge area, meter rooms, sub-stations etc.
Introduction to Greater Mumbai, Draft Development Plan 2034:The Municipal Corporation for Greater Mumbai has prepared Draft Development Plan 2034 for which objections and suggestions are invited from public at large.
The main outputs of the proposed DP 2034 are presented in the form of a report in two volumes and a set of plans. Volume I consists of 3 parts of which Part I is regarding assessment of the existing situation and gaining an understanding of issues and challenges that Greater Mumbai is expected to face over the next two decades. It also includes assessment of distribution of land use, population, employment and challenges pertaining to spatial provision for social and physical infrastructure, transport and environment of Greater Mumbai. Part II of Volume – consists of visualization of the Future, includes population and employment projections for 2034, articulating objectives for the Development Plan, and establishing principles for the formulation of proposals and the Part III of Volume – I, includes proposals for Land use, provision of land for public purpose including
Roads including D.C.R.s including F.S.I. and Zoning, financing the implementation of Development Plan. Volume II consists of proposed Development Control Regulations including both General and Special Development Control Regulations. Set of Plans consists of Proposed Land Use Plan showing the proposed land use zones and lands designated and reserved for public purposes and Proposed FSI Plan with delineation of Transit Oriented Development zones and zones for local area Planning.
The first Development Plan (DP 1967) for Bombay was sanctioned in 1967. DP 1967 was revised as per the mandate of the MR&TP Act 1966 and sanctioned in parts from 1991 to 1994. A review of past Development Plans reveals that both, DP 1967 and DP 1991 followed similar approaches both set a lower limit for the projected populations than what the trend suggested. Both plans had as a key premise the decongestion of the Island City and promotion of development in the Suburbs.Floor Space Index (FSI) was used as a tool to control developments in both Development Plans.However, the approach towards the use of FSI varied remarkably between the two Plans. While the DP 1967 prescribed differential FSIs in the Island City and in the Suburbs, (ranging from a high of 4.5 to a low of 0.5, varying across geographical locations and uses – residential,commercial and industrial), the DP 1991, prescribed low and uniform FSIs across the Island city and Suburbs (1.33 in the Island City and 1.0 in the Suburb) thus assuming FSI as a tool of containment of growth and density.Both Development Plans used the ‘reservation’ as a primary tool for garnering lands for public purpose. In the DP 1991, two policy instruments, “Accommodation Reservation” (AR) and“Transfer of Development Rights” (TDR) were introduced with a view to incentivize private owners to provide built space for designated purpose or make available land for open public purpose respectively. Incentive FSI and TDR were also used for rehabilitation of slums and renewal of older housing stock in dense wards in the Island City, but these have not made sufficient headway. Incentive FSI has also been used to promote conservation of heritage buildings, promoting IT and ITES, hospitality industry, educational and health care facilities.
Affordable housing was, (and continues to be) a challenge that both plans sought to address.
The Planning Area under the Development Plan 2034 has been disaggregated at three levels: Greater Mumbai, the 24 Administrative Wards and 150 Planning Sectors. Planning Sectors have been delineated using the Ward boundary as a key definitive limit. Physical features such as rivers, wetlands, salt pan lands, transportation networks including road, rail metro rail alignments, areas of homogenous character and Planning Sectors of the DP 1991 have been considered as key premise in their delineation. For the purpose of delineating the Planning Sectors, the area within Greater Mumbai, 458.28 sq. km., has been first divided into 3 broad Zones, namely, the Island City, Western Suburbs and Eastern Suburbs. The Wards within these Zones have been further subdivided resulting in 150 Planning Sectors excluding areas under the Special Planning Authorities and the National Park. The three Zones, the Island City, the Western Suburbs and the Eastern Suburbs have been named Zone 1, Zone 2 and Zone 3 respectively. Out of 150 Planning Sectors Island City has 50, Western Suburbs has 62 and Eastern Suburbs has 38 Planning Sectors.
Population :The population of Greater Mumbai (including the notified areas under SPAs), recorded in 2011 Census is 12.48 million as against the 11.97 million in 2001 indicating a net addition of nearly half a million over one decade. The population growth rate of Greater Mumbai has been experiencing a decline since 1961. However, there has been a sharp decline in the last decade (20.68% between 1991-2001 and 3.87% between 2001 – 2011).
Greater Mumbai has experienced a stabilized population growth between 1991-2001 and 2001-2011. Considering that this trend is expected to continue over the next two decades resulting in a projected population of approximately 13.94 million by 2034. The share of Island City’s population in Greater Mumbai is anticipated to further decline to 20% in 2034. The share of Suburban population is anticipated to increase to 80% in 2034. Population in Inland City as on 2011 is 30,85,411 which is estimated to reduce to 28,10,235 by 2034. Population in Western Suburbs as on 2011 is 55,27,025 which is estimated to increase to 65,76,634 by 2034. Population in Eastern Suburbs as on 2011 is 38,29,937 which is estimated to increase to 45,62,842 by 2034 thus the total population of Greater Mumbai as on 2011 is 1,24,42,373 which is estimated to increase to 1,39,49,712 by 2034.
Of the total population within MCGM jurisdiction in 2011, 41.85% live in slums including the notified areas under SPAs. The data shows that geographically, there is a clear variation in the distribution of slums in Greater Mumbai. 51.91% of the total population in the Eastern Suburbs resides in slums as compared to 42.69% of the total population in the Western Suburbs and 27.88% in the Island City. Ward S in the Eastern Suburbs has the highest proportion of slums with 72.32% of its population residing in slums. It also has the highest slum population in numeric terms, 537,900, among all 24 wards. This represents an urgent need for creation of affordable housing stock.
Household size is 4.48 in 2011 for both the Island City and the Suburbs. The average household size in Greater Mumbai is decreasing and stands today at 4.5. It is further expected to decline and is estimated to be 4.0 by 2034. This would result in increase household formation and consequent increase in housing demand.
Economy:Greater Mumbai’s economy has undergone a significant transformation from manufacturing activity to tertiary activity, post 1990. If Indian economy were expected to grow at about 6% p.a., Mumbai would have a potential to continue to grow between 7 and 8 % p.a. at constant prices.
The household income distribution in 2008 at 2005 prices for Greater Mumbai indicates that only 9% of the population earns more than Rs. 60,000 per month and the median household income is Rs. 20,000 per month.
FSI: The DP 2034 adopts a variable FSI regime which allocates FSI based on the locational logic of the spatial strategy as well as the existing consumption. Five ranges of proposed Bulk FSI and the Net Plot Area under them have been formulated. Considering the existing FSI consumed, majority land area (58.12%) is proposed under the FSI of 3.5. FSI of 5.0 and above is only provided in areas well accessed by public transport, mainly areas in proximity to railway stations and the existing and upcoming metro stations. This forms 31.87% of the city’s land. Bulk FSI of 6.5 and 8.0 has been provided in the immediate vicinity of major railway stations proximate to CBDs and other employment nodes. 4.55 % of the city is under an FSI of 6.5. Less than 0.5% of Net Plot Area is allocated an FSI of 8.0 and 5% of the city is under an FSI of 2.0 and is provided in areas not accessible by public transit. Also, the FSI provided to a particular plot is not an absolute entitlement. Plots can consume the allocated FSIs only if they comply with the GDCRs related to setbacks and step-backs. As a result small plots that cannot fulfill the GDCR requirements and do not amalgamate with the neighbouring plots, will not be able to consume high FSIs.
a) Premium A FSI can be used in addition to base FSI by paying premium at the rate of 70 % of Ready Reckoner Rates (RR) for Land;
b) Premium B FSI will be charged at 100% of Ready Reckoner Rates (RR) for Land and can be availed only after utilization of TDR.
Use of TDR is related to land value of the place in which it originates and land value of the plot where it is utilized. Thus the TDR generated from a high priced area would amount to higher extent of consumption of FSI in a low priced area, and vice versa, weighted by the Ready Reckoner land value at that given time. Such a change in the movement of TDR, ensure that all areas in the City are equally incentivized for surrendering reserved land. Use of FSI as incentive is now proposed to be confined to rehabilitation of slums and redevelopment of cessed buildings.
Parking: The GDCR includes regulations for off-street parking, which includes mandatory provision of parking spaces in various land uses and occupancy types. The GDCR includes regulations for off-street parking, with a mandatory provision of parking spaces in various land uses. This is provided in the form of number of cars for every 100 sq. mt. built-up area under residential occupancy, 1.33 car parking spaces are mandated and for commercial establishments, 1 car park is mandated for every 100 sq.mt. BUA. Additional parking space for visitors is now deleted in the new regulation and is included within the standard norms. Any additional parking space provided, more than the mandatory requirement, would be counted in the FSI.
Areas with high FSI are proposed around transit stations. These areas have been created to encourage public transit, reduce vehicular ingress, curb the use of private vehicles and promote walking. Hence, in areas where proposed FSI is 6.5 and above, parking provision is to be half of that provided in the GDCR, for residential, commercial, retail, hotels and industrial land uses.
All plots fronting 18.30 m of road could be developed for parking, where 15% of the plot would be used for other commercial purpose as an incentive.
Proposed Zoning:The proposed zoning framework acknowledges the diversity in existing land use pattern. The ELU 2012 reveals that most areas in Greater Mumbai exhibit a mixed land use character. The context of mixed land use offers several advantages including safety, security, comfort, employment opportunities at local levels and economies of scale that bring affordability.The DP 2034 therefore proposes mixed land use zones in Mumbai. These are:
a) Residential –Commercial (RC), where Residential use is dominant and is a mixed use zone, with predominant Residential use and partially Commercial use occupying around 11775 ha.
b) Commercial-Residential (CR) where Commercial land use is dominant and it again is a mixed use zone, where commercial, residential use & service industries are permitted. The CR zone would largely be commercial in character with office, retail and service spaces. This zone, being mixed use in character will also include residential living spaces. Areas to carry out logistic activities, truck terminals, some non-polluting manufacturing activities which are non-permitted in the RC zone will permissible in this zone.
c) Industrial zones can be converted to RC/CR zones. The Industrial zone is an area in which the primary land use includes manufacturing industries. New industrial activity shall be non-polluting, non-hazardous and subject to clearance from MPCB.
d) Natural Areas zone – A zone of Natural Areas is proposed with an objective to conserve existing ecologically sensitive areas like the forest, lakes, rivers, streams, ponds, mangroves and coastal wetlands. These would help retain city’s ecology and biodiversity.
Reservation Policy: Proposed DP 2034 incorporates simplification of reservation categories from more than 380 categories of reservations of the DP 1991 to 10 basic categories, further broken down to 30 sub-categories. The new categories considered allow mix of amenity uses, therefore bringing flexibility of use of amenities to suit changing demands over time at local area levels. Similarly, designation categories have also been simplified to 11 basic categories which includes Amenity Plot, Education, Health, Social Amenity, Housing, Municipal Services, Open Spaces, Offices, Primary Activities, Public Utilities and Natural Area and 39sub-categories, ensuring flexibility in use of these amenities when they redevelop. Unnecessary reservations are hence avoided and this reduces the burden on making land available for each category.
Special Development Control Regulations : The SDCRs are drafted for areas in Greater Mumbai that exhibit unique characteristics. These areas include old housing fabrics built, vast industrial cotton textile mill lands, slum areas and transit-oriented zones. These are the most congested areas in the city and special attention needs to be paid towards them due to their social, economic, political and legal implications that set them apart from any other development in the city. Rules for the above are already been in existence. All the other regulations other than related to incentive FSI have been suitably incorporated as Special Development Control Regulations as listed below. These regulations include redevelopment for the following:
- Cessed buildings
- Building clusters
- MHADA colonies
- Cotton Textile Mills
Local Area Plans : The DP 2034 for Greater Mumbai, has been conceived in the form of a long-term broad zoning plan, with allocation of land for city level infrastructure and broad Development Control Regulations. Such a plan needs to be followed by detailed local plans covering following specific purposes including:
(a) Redevelopment plans for large slum or resettlement areas e.g. Shivaji Nagar, Malwani, Golibar, Asalfa Village in L Ward, etc.
(b) Redevelopment plans for urban renewal, e.g. Null Bazaar, Chira Bazaar.
(c) Plans for areas undergoing Land Use changes e.g. from industries to office or residential use e.g. Parel Mill Land area in G/S Ward, industries in Saki Naka K/e Ward &Mulund-Bhandup in S & T Ward.
(d) Plans for Transit Oriented Development around existing and proposed transit stations / hubs e.g. Dadar-Parel area in G/s & G/N Ward, D. N. Nagar in K/W Ward, and Ghatkopar in N Ward.
(e) Urban design guidelines in certain sectors, including heritage precincts and buildings.
(f) Designs and development of distinctive public spaces and streets capes, etc.
Distinguishing features of GDCR 2034 are presented below:
a) Creating a pool of land for public purposes: In earlier Development Plans, reserving land for all public purposes was considered as effective tool for obtaining land in public realm. But the review of the D.P. implementation reveals that it was not as effective as envisaged. A complimentary strategy of creating pool of public land through contribution of certain percentage of land while developing/redeveloping on large parcels is proposed as a tool of increasing public land supply:
b) Allocation of Right of Way of Roads:Experience in Mumbai so far demonstrates that the carriageways for facilitating movement of vehicles have been widened by progressively reducing the widths of footpaths. This has happened in spite of a significant share of pedestrian movement. This has adversely affected the safe pedestrian movement and has not necessarily helped the vehicles.The DPs in past indicated the total ROW of the roads. Allocating such ROW for vehicles,pedestrians and other uses was not specified in the earlier plans. In DP 2034 ROWs for roads have been proposed and their allocation foe footpaths and carriageways had been allocated in GDCRs.
c) Simplification of Marginal Open Spaces :The D.C. Regulation 1991 had prescribed requirement of marginal Open Spaces in differentclauses of Regulation making it complicated. For designing any building it was necessary to refer to various sub sections. The requirement of marginal open spaces was such that each and every proposal with FSI more than 1.0 required concessions for condoning marginal openspaces. When the concept of fungible FSI was introduced, the permissible FSI in suburbs reached 2.7 with same old requirement of marginal open spaces requiring con donation almost in every case. This caused delay in proposals thus increasing costs of projects. Further permissible FSI was considered as entitlement by the plot owners/ developers. And to achievethe FSI all kinds of concessions were requested by the way of use of discretionary powers of M.C. under section 64b of D.C.Reg.1991.
In GDCR 2034, the requirement of marginal open spaces has been simplified and the concept of setbacks and step backs has been introduced. The power to condone deficiency in marginal open spaces is excluded from the discretionary powers of M.C.
d) Inclusionary housing: Concept of inclusionary housing that is promoted by Ministry of Housing and poverty alleviation is adapted in GDCR 2034.Plots bigger than 2000 sqm 10% built up area in the form of small tenements are required tobe handed over to MCGM. Such dwelling units are proposed to be allotted to project affected households, businesses and community workplaces for restoration of livelihood of displaced households and EWS/LIG households.
e) Multiple use of open spaces :Due to scarcity of land the requirements of various public utilities could not be satisfied by allocating land by way of reservations. Such requirements where technically feasible are allowed to be provided under the open spaces.
In D.C.R.1991, only parking was permitted under open spaces, however in GDCR 2014 in addition to parking, Electric Substations, storage of harvested Rain Water , Grey Water Harvesting plants Sewerage Treatment Plants etc. area permitted below open spaces.
f) Design for physically challenged people :“The persons with disabilities (Equal Opportunities, Protection of Rights and full participation)Act, 1995 requires that equal opportunities are offered to disabled people. As per suggestions received in stakeholders’ workshop a separate section in GDCR for Design of physically challenged people has been incorporated considering the aging population and needs of physically challenged in the City. Availability of lift upto terrace floor with unobstructed terrace floor was one of the demands so as to enhance the accessibility to terrace by disabled people with easy movement of wheel chairs on the terraces.
g) Design for entrance gate & curb cut :Regulations for curb cuts have been provided for at the traffic signals as well as at entrance to the plot with a view to ensuring easy access to wheel chair and unobstructed movement of wheelchairs and pedestrians on the footpaths.
The regulation has been incorporated for fixing the boundary gates minimum 3.00 M inside the boundary wall so as to avoid the traffic interruptions. It will help unobstructed movement of vehicles on road when the vehicle is entering the premises.
h) Environmental Sustainability: A separate section for environmental sustainability has been incorporated in GDCR 2034 consisting of rain water harvesting, installations of solar water heating system, grey water recycling, sewage treatment plants and waste disposal, energy efficient buildings.
i) Incentive FSI: Use of FSI as incentive is confined to slum rehabilitation and redevelopment of cessed buildings. Consequently other related regulations of DCR 1991 have become redundant.
1) Win-Win situation for developer and residents with higher FSI. As The new Development Plan proposes FSI to accommodate the expected increase in Mumbai’s population whichboth the earlier DPs failed to plan for development suitable to a growing population.
2) Focus on commercial and office development near stations etc. and introduction of concept of CR and RC Zones and Transit-oriented development is encouraged by higher FSI being allowed around stations.
3) An attempt is made to remove ambiguity regarding calculations of what is to be counted in FSI and what is not. This brings in much-needed simplicity and transparency, and reduces the scope for manipulation.
4) As compared to present DCR, where only parking was permitted under open spaces. In GDCR 2034, however, adds electric substations, storage of harvested rain water, grey water harvesting plants, sewerage treatment plants etc. to area permitted under open spaces.
5) It proposes a geographic distribution of FSI instead of a uniform FSI across the entire Mumbai.
6) A good attempt is made to simplify the rules and procedure. As the new DP has attempted to removes all ambiguity around calculations of what is counted in FSI and what is not. Now there is nothing that can be built and not be accounted for as free of FSI. This brings in much-needed simplicity and transparency, and reduces the scope for manipulation.
1) Much is discussed about affordable housing but no specific provisions or incentive FSI scheme is proposed for construction of affordable housing.
2) Higher FSI may lead to add burden on existing Infrastructure including power, water, road and drainage infrastructure due to the excess housing which would be created.
3) No rules or policy are proposed for the old structures or tenanted structures in Mumbai suburbs which does not fall under cessed structure.
4) No incentive FSI for Society Redevelopment for the non-slum or non-cessedstructure society.
5) The provisions proposed for parking does not seem to be adequate and does not provide any solution with the no. of increase in vehicles on roads in last 2 decades or the nos. of vehicles which might touch in the next 2 decades.
6) On incentive to developers for construction of numerous amenities such as covered swimming pools, clubhouses and grand entrance lobbies on the contrary they are proposes to include all these areas in the FSI calculation. Further, developers would have to purchase additional FSI from the MCGM to include these amenities. Thus it will promote developer to make bigger units and the object of affordable housing will be frustrated.
7) Silent on earlier proposed circular of additional TDR which was linked with road width.
8) Will the benefits of the proposed DCR available to the ongoing constructions as per present prevailing DCR? If yes how and in what manner.
9) Reduction on open space requirement (RG) to 10% from 15 % required earlier my clash with the supreme courtsKohinoor judgment.
Advocate Rajendra Singhvi