Esci regulatory issues -inframanagement

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  • 1. Regulatory ISSUES IN INFRASTRUCTURE MANAGEMENT S.P.Shorey August 2011
    • 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.
  • 3. 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.
  • 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.
  • 5. “ 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.
  • 6. 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
  • 7. Regulatory aspects in Urban Planning
    • Constitution 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.
  • 8. Regulatory aspects in Urban Planning
    • Urban Planning:
      • Enforcement of plans
      • Capital infrastructure building
      • Maintaining infrastructure
  • 9. Regulatory aspects in Urban Planning
    • Land Use Planning
      • Master Plans
      • Development Plans
      • Structure Plans
      • Town Planning Schemes
  • 10. Regulatory aspects in Urban Planning
    • Acts
    • Rules
    • Regulations
    • Bye laws
    • Executive Orders
  • 11. Regulatory aspects in Urban Planning
    • Process of plan preparation
    • Public participation.
  • 12. 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.
  • 13. Regulatory aspects in Urban Planning
    • 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.
  • 14. urbanplanningRegulatoryaspects-spshorey NO NATIONAL URBAN POLICY SO FAR 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.
  • 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 )
    S.P.Shorey Sept. 2007 IIM A
  • 16. Lewis Keeble- “We are concerned in town planning with”: S.P.Shorey Sept. 2007 IIM A Ensuring accessibility aesthetics providing space for all urban needs deriving urban form based on topography separation of incompatible uses economy and efficiency.
  • 17. 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.
    S.P.Shorey Sept. 2007 IIM A
  • 18. 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.
    S.P.Shorey Sept. 2007 IIM A
  • 19. National Urban Housing and Habitat Policy- 2005 Ministry 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.
  • 20. National Urban Housing and Habitat Policy- 2005 Ministry of Urban Employment and Poverty Alleviation Govt. of India
    • (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
  • 21. National Urban Housing and Habitat Policy- 2005 Ministry of Urban Employment and Poverty Alleviation Govt. of India
    • (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.
  • 22. National Urban Housing and Habitat Policy- 2005 Ministry of Urban Employment and Poverty Alleviation Govt. of India
    • (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.
  • 23. National Urban Housing and Habitat Policy- 2005 Ministry of Urban Employment and Poverty Alleviation Govt. of India
    • (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.
  • 24. National Urban Housing and Habitat Policy- 2005 Ministry of Urban Employment and Poverty Alleviation Govt. of India
    • (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.
  • 25. National Urban Housing and Habitat Policy- 2005 Ministry of Urban Employment and Poverty Alleviation Govt. of India
    • (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.
  • 26. National Urban Housing and Habitat Policy- 2005 Ministry of Urban Employment and Poverty Alleviation Govt. of India
    • (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.
  • 27. Regulatory aspects in Urban Planning
    • 74 th amendment to the Constitution.
    • 243W.  Powers, authority and responsibilities of Municipalities, etc.- Subject  to the provisions of this Constitution, the Legislature of  a State may, by law, endow-
    • (a)  the  Municipalities  with  such powers and authority  as  may  be necessary   to   enable   them  to   function    as   institutions   of self-government and such law may contain provisions for the devolution of  powers  and responsibilities upon Municipalities, subject to  such conditions as may be specified therein, with respect to-
    • (i)  the  preparation  of plans for economic  development  and  social justice;
    • (ii) the performance of functions and the implementation of schemes as may  be  entrusted to them including those in relation to the  matters listed in the Twelfth Schedule;
    • (b)  the Committees with such powers and authority as may be necessary to  enable them to carry out the responsibilities conferred upon  them including  those  in  relation to the matters listed  in  the   Twelfth Schedule.
  • 28. 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.''.
  • 29. Art. 243 ZE
    • Committee 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 .
  • 30. 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 .
  • 31. 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
  • 32. urbanplanningRegulatoryaspects-spshorey National Environment Policy 2006 Approved by the Union Cabinet on 18 May, 2006 Environmentally Sensitive Zones Use of Economic Principles in Environmental Land Degradation Desert Ecosystems Forests and Wildlife Biodiversity, Traditional Knowledge and Natural Heritage Freshwater Resources River systems Groundwater Wetlands Mountain Ecosystems Coastal Resources Pollution Abatement Air Pollution Water Pollution Soil Pollution Noise Pollution Conservation of Manmade Heritage
  • 33. Land Use Zoning
    • Urban Development Plan Formulation and Implementation Guidelines (UDPFI) Government of India.
  • 34. Level-1 Level-II USE 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  
  • 35. 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
  • 36. 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
  • 37. 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.
  • 38. 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/Activities Residence – 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.
  • 39.
    • Set Back Rules.
    • Sub division rules
    • Parking norms.
    • Density norms (FAR/FSI)
  • 40. 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.
    S.P.Shorey Sept. 2007 IIM A
  • 41. S.P.Shorey Sept. 2007 IIM A Comparative population densities In Hyderabad localities 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
  • 42. S.P.Shorey Sept. 2007 IIM A 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 2688 Gandhinagar, kavadiguda 1536 3072      
  • 43. S.P.Shorey Sept. 2007 IIM A 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
  • 44. S.P.Shorey Sept. 2007 IIM A FAR - Density relationship: contd. 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)
  • 45. 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.
    S.P.Shorey Sept. 2007 IIM A
  • 46. 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.
    • 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)
    S.P.Shorey Sept. 2007 IIM A
  • 47. 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).
    S.P.Shorey Sept. 2007 IIM A
  • 48. High FAR: Low FAR ? The “critical trade off”. (NCU 1988- expanded) S.P.Shorey Sept. 2007 IIM A FAR Cost of land per built up area. Cost of construction Cost of land quoted by land owner Costs OPTIMISE ?
  • 49. S.P.Shorey Sept. 2007 IIM A Model Building Byelaws. Ministry of Urban Development, Government of India. Also see Urban Development Plan Formulation & Implementation Guidelines. GOI
  • 50. S.P.Shorey Sept. 2007 IIM A “ Bangalore Vision 2015 The 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 environment 2. Promote economic efficiency 3. Ensure social equity 4. Preserve historical heritage 5. Ensure efficient and affordable transport systems 6. Structure development in relation to a strategic transport network.
  • 51. Bangalore Salient Features of the Draft Master Plan S.P.Shorey Sept. 2007 IIM A
    • Local Planning Area (LPA) or Bangalore Metropolitan
    • Area (BMA) - 1306 sq. kms
    • Area for development (conurbation area) - 786 sq. kms
    • Green belt and agricultural areas - 455 sq. kms
    • Projected population (for 2015 within BMA) - 8.84 million
    How to implement Green Belt areas.
  • 52. S.P.Shorey Sept. 2007 IIM A Bangalore 2015 Master Plan . Regulations.
  • 53. S.P.Shorey Sept. 2007 IIM A Chennai Master Plan : Regulations for Multi Storied Buildings.
  • 54. S.P.Shorey Sept. 2007 IIM A 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
  • 55. 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’
    S.P.Shorey Sept. 2007 IIM A Role of speculation in ‘SPRAWL’ ?
  • 56. S.P.Shorey Sept. 2007 IIM A Mumbai & other Indian cities among the most densely populated. SOURCE
  • 57. 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,
    • (phrases in brackets are authors)
    S.P.Shorey Sept. 2007 IIM A
  • 58. 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.)
    S.P.Shorey Sept. 2007 IIM A
  • 59. 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 .
    S.P.Shorey Sept. 2007 IIM A
  • 60. Place of Urban planning in India and public perception
    • 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.
    S.P.Shorey Sept. 2007 IIM A
  • 61. Place of Urban planning in India and public perception
    • 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”.
    S.P.Shorey Sept. 2007 IIM A “ Members of the Civil Society”
  • 62. 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.
    S.P.Shorey Sept. 2007 IIM A
  • 63. 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
    S.P.Shorey Sept. 2007 IIM A
  • 64. Master Plans in the era of JNNURM, FDI Townships, SEZs
    • JNNURM reforms:
    • ‘ Revision of bye-laws to STREAMLINE the approval process for construction of buildings, development of sites etc’.
    • ‘ Simplification of Regulatory and procedural frameworks for CONVERSION of agricultural land for non-agricultural purposes’.
    • Real causes of delays & malpractices ?
    S.P.Shorey Sept. 2007 IIM A
  • 65. 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.
  • 66. 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.
  • 67. 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.
  • 68. 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.
  • 69. 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,
  • 70. 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.
  • 71. Vehicle parking norms
    • UDPFI guidelines.
    • Issues.
    • Recent trends.
  • 72.  
  • 73.  
  • 74. Set back norms
  • 75. 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.
  • 76.
    • 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.
  • 77. 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.
  • 78.
    • 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.
  • 79. 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.
  • 80.
    • Difference between Urban Development Authorities and Municipalities.
    • Resource generation for infrastructure development.
    • Development Charges & External Betterment Charges.
    • Revenue clearances.
    • Airport and Fire Safety clearances.
  • 81. Thank you very much
  • 82. S.P.Shorey Sept. 2007 IIM A Environmental requirements