Development Control Regulations for Mumbai …

1 37715 Part 315 Part 3 Chapter 15 Development Control Regulations forMumbai Metropolitan Region, 1999 Development Control Regulations forMumbai Metropolitan Region, Extent and Regulations shall be called the Development Control Regulations for MumbaiMetropolitan Region, 1999. (hereinafter referred to as these Regulations ). JurisdictionThese Regulations shall apply to Development of any land situated within the MumbaiMetropolitan Region as defined in the Mumbai Metropolitan Region Development Authority(hereinafter referred to as MMRDA ) Act, ) Excluding the areas where Development Plans or Planning Proposals havebeen prepared and ) Notwithstanding the generality of the above, Regulations shall apply to the entire Metropolitan CommencementThese Regulations shall come into force on the day of sanctioning of Regional Plan andshall replace the following :i)The Development Control Rules contained in the Regional Plan for BombayMetropolitan Region 1970-1991 sanctioned by the Government by its NotificationUD&PHD No.

2 RPB 1173/1136/RPC dated 2nd June, )The Development Control Rules contained in the Regional Plan for BombayMetropolitan Region (extended area) sanctioned by the Government by its NotificationUDD No. TPS 1484/2684/UD-5 dated 27th May, ) The Development Control Rules for Kalyan Complex Notified Area sanctioned bythe Government by its Notification No. TPS 1284/1116/CR-90/UD-12 dated 16th October, ) The Development Control Rules for Vasai-Virar Sub-Region sanctioned by theGovernment, by its Notification No. TPS-1287/2753/CR-228-87/UD-12 dated 14th May,1990, as modification to the Development Control Rules contained in the Regional Planfor BMR Definitions of Terms and terms and expressions in these Regulations shall have a meaning as definedhereinafter:a) Environment Impact Assessment (EIA) means a statement indicating probablechanges in the environment, such as, changes in the air quality, water quality, soil37815 Part 315quality, noise levels, vegetation and wild life, landscape quality, land use, vehiculartraffic, infrastructure, population, economic activity, etc.

3 Which may result from anydevelopment either during the course of Development being carried out, or ) Environmental Management Plan means a course of action designed to minimisethe unavoidable adverse environmental impacts both during the construction andoperational phases of the ) Floor Space Index (FSI) means the ratio of the combined gross floor area of allfloors to the gross area of the plot, viz :- Total covered area on all floorsFloor Space Index (FSI) = - - - - - - - - - - - - - - - - - - Gross Plot aread) Permission means a permission granted under Section 44 of the MaharashtraLand Revenue Code, 1966, to use any agricultural land for non-agricultural ) Organised Development means Development carried out by, or under the overallcontrol of, a single agency in accordance with a proper sub-division plan or layout ofbuildings with adequate provision of infrastructural facilities, such as, roads, stormwater drainage, sewerage, water supply, power supply, etc.

4 As specified by theseRegulations, and may involve consolidation of adjoining land parcels into a ) Outline Development Proposal means a document consisting of a statement andmaps giving particulars of the proposed Organised ) Planning Brief means a statement by the Planning Authority specifying mandatoryand optional planning requirements relating to the land for which OrganisedDevelopment is terms and expressions other than those defined in Regulation shall have thesame meaning as in the Maharashtra Regional and Town Planning Act,(hereinafterreferred to as MR&TP Act ) 1966, MMRDA Act, 1974 and the Rules made there person shall, on or after these Regulations come into force, carry out any developmentof the types other than those stated under the proviso to Section 43 of the MR&TP Act,1966, without obtaining permission froma) The Planning Authority, including Municipal Corporation, Municipal Council, SpecialPlanning Authority, or New Town Development Authority, or the Collector under whosejurisdiction the land is situated; andb) Any other authority including Zilla Parishads, Gram Panchayats, MaharashtraIndustrial Development Corporation, Maharashtra Pollution Control Board, ForestDepartment, Industries Department, etc.

5 Under relevant applicable authority shall grant a permission or No Objection Certificate (NOC) for anydevelopment otherwise than in conformity with these Regulations and the Regional Planfor Mumbai Metropolitan Region, 1996-2011 except in the areas included in the jurisdictionof any Planning Authority, Special Planning Authority or a New Town Development Authorityand for which Development Plans or Planning Proposals have been prepared Development of the type listed in items (a) to (c) in Regulation , and items (a)to (i) in Regulation No. shall be or permitted to be carried out by any person orby any authority without obtaining prior concurrence of the MMRDA. Such concurrencemay be given with or without person who intends to carry out any Development of the type listed in this Regulationanywhere in the Metropolitan Region shall submit to MMRDA a copy of the applicationalong with the accompanying information for site clearance submitted by him to the Ministryof Environment and Forests in respect of the Development ) Mining projects;b) Pit Headed Thermal Power Stations;c)Hydro-power, major irrigation projects and/or their combination including flood Control ;d) Ports and harbours (excluding minor ports).

6 Ande) Prospecting and exploration of major minerals in area above 500 person who intends to carry out any Development of the type listed in this Regulationanywhere in the Metropolitan Region shall submit to MMRDA a copy of the applicationfor Development permission submitted by him to the Planning Authority concerned, alongwith the information in the form prescribed in If the environmentalscreening based on this information indicates that the proposed Development will havesignificant impact on the environment, the MMRDA may, at its discretion, call upon theapplicant to submit an EIA and EMP report for such ) All projects listed as item (a) to (e) in Regulation where investment is aboveRs. 50 ) Minor ports and )Quarrying for stone, murum, and earth, including sand dredging from rivers, creeksand ) Hotels, tourist resorts, holiday homes, and health farms/centre, amusement parksand motels in G Zone, and Recreational and Tourism Zone on land admeasuringmore than ) Any Development of land admeasuring 25 ha.

7 Or more, except in U1 Zonef)Setting up of a new industrial unit or expansion of an existing one where theinvestment is Crore or more or the land area is more than 25 ) Development of land for industrial purpose in U-2 ) Any Development of wetlands including reclamation, bunding etc. for salt pans, fishfarms 315i)Film and video shooting sites on land admeasuring 5 ha. or )Poultry farms, cattle stables, piggeries, having an investment more than Rs. : The EIA report referred to in the foregoing shall be prepared in accordance withthe guidelines issued by the Ministry of Environment and Forest (MoEF), Govt. of Indiafrom time to construction shall be permitted within 30 m. of the high flood line of the rivers andnallas, except in U-1 and I-Zone, where such construction shall be permitted beyond15 m.

8 From the defined edge of the water course, subject to the provisions of the sanctionedCoastal Zone Management Plan (CZMP). Development of any land in zones other than U-1 or I-zone shall be permitted unlessthe owner undertakes to provide at his own cost physical and social infrastructural facilities,such as, roads, water supply, sewage disposal system, solid waste collection and disposalsystem, electricity, recreational open space, playground, school, etc. as, in the opinion ofthe Planning Authority, may be reasonably required for the Development proposed, andprovided that the owner also undertakes to maintain these facilities for a reasonableperiod specified by the Planning Authority. Where the Planning Authority decides to provideand/or maintain any of the aforesaid infrastructural facilities, the owner shall surrender tothe Planning Authority or any other agency nominated by it, free-of-cost the land requiredfor such Regulation , the Development Permissions may be grantedaccording to earlier Regional Plans (1973 and 1985) and practices prevailing prior in the following cases :a) where sale permission for use has been granted prior to providedthe Development provision is sought for the same use as the one for which salepermission was ) where Permission, layout or sub-division permission and building permissionhas been granted prior to Subsequent revision of layout plan.

9 C)building permission on individual plot or plots of layout or subdivision of land approvedprior to , provided the permission or sale permission in above a,b,and c shall have been that Development in villages in G2 Zone as shown in Annexure shall bepermitted with concurrence of developments existing on or prior to coming into force of these Regulations which areauthorised under MR&TP Act, 1966, and Maharashtra Land Revenue Code, 1966, butwhich are not in conformity with the use provisions of the Regional Plan or theseRegulations shall be allowed to continue as if they are in conforming zone and shall alsobe allowed reasonable expansion within the existing land area and within the FSI limitsprescribed by these anything stated in these Regulations , no Development of the land situatedin the Coastal Regulation Zone (as defined by para 1 of the Ministry of Environment andForests (MoEF), Govt.

10 Of India s notification dated 19th February, 1991, (enclosed ) issued under the provisions of the Environment (Protection) Act, 1986),38115 Part 315or any subsequent amendment thereof from time to time, shall be permitted unless it is inconformity with the said notification and the Coastal Zone Management Plan (CZMP)approved by the Metropolitan Commissioner shall be the final authority for interpretation of theprovisions of these Regulations in conformity with intent and spirit; and his decision shallbe final. In cases of genuine hardship the Metropolitan Commissioner may use hisdiscretion to condone provisions of these Regulations except the provisions related toFSI by recording the Zone-1 (U-1) lands in U-1 Zone may be developed for residential, commercial, industrial,warehousing or other urban uses.