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Phaltan 1
1. Issues in implementation of
development plan
and development regulations
Y.B. Dange
Chief Officer
Phaltan Municipal Council, Phaltan
2. Difference between ‘Growth’ and
‘Development’.
Growth is mere increase in size of anything.
Whereas the development has an additional
component of improvement attached to
growth. It reflects an improvement in the
direction desired by human beings. The
desired direction and the quantum of
improvement can only be set after successful
planning.
5. Types of Planning
There are two parts of planning. One is called
Positive planning and obviously other one is
negative planning. The making of development
plan and its implementation is a positive
planning. The restriction on development
through DC rules is negative planning. When a
land lord approaches the local body, authorities
impose restrictions on his development. Mostly
the officers focus on this negative part during
their tenure and very little or none in acquiring
reservations through negotiations for
development
6. Planning from part to Whole
Planning from Whole to part
Regional Plan
Involves a district or larger
area as comprehensive plan
Development Plan of City
Involves planning of whole city
for future long period
Town Planning Scheme
Involves a planning of small
part of the town
Estate Planning
Planning of One’s own land with
layout as well as building a
structure within plot boundaries
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8. Need of code?
1. Construction program is interwoven with all
sectors of development be it housing,
transport, industry, irrigation, power,
education or health…
2. Half of money spent in construction is on
buildings
3. Large national investment expecting
optimum returns and avoidance of wastage
9. The control throughout India
The National building code of India 2005
Lays down a set of minimum provisions designed to protect
the safety of the public with regard to structural sufficiency,
fire hazards and health aspects in buildings. So long these
basic, requirements are made, the choice of materials,
method of design and construction is left to the ingenuity of
the architect and the engineers and other experts engaged in
such projects. The code also covers aspects of administrative
requirements and bye-laws including building services
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10. NBC, What it is?
NBC is a single document in which, like a
network, the information contained in various
Indian standards is woven into a pattern of
continuity and cogency with the
interdependent requirements of sections
carefully analyzed and fitted in to make the
whole document a cogent continuous volume
11. NBC, What it is?
• A continuous thread of ‘preplanning’ that
contribute to economy in construction
particularly in building and plumbing.
• Contains regulations which can be
immediately adopted by various departments,
municipal administration and public bodies
• It lays down set of minimum requirements for
safety of public with regard to each subject
under consideration
12. NBC, What it is?
• Code also covers aspects of administrative
regulations and DC Rules and general
building requirements like fire protection,
materials and structural design ..etc
• Code covers points on ‘Industrialized system
of building’ and ‘Architectural control’.
13. What NBC Contains?
Part I Definitions
Part II Administration
Part III Development Control Rules and General
building requirements
Part IV Fire protection
14. What NBC Contains?
Part V Building Materials
Part VI Structural design
Section 1 Loads
Section 2 Foundations
Section 3 Wood
Section 4 Masonry
Section 5 Concrete (PCC & RCC & PSC)
Section 6 Steel
Section 7 Prefabrication and systems building
15. What NBC Contains?
Part VII Constructional Practices and Safety
Part VIII Building Services
Section 1 Lighting and Ventilation
Section 2 Electrical installations
Section 3 Air-conditioning and heating
Section 4 Acoustics, Sound insulation and Noise control
Section 5 Installation of lifts and escalators
16. What NBC Contains?
Part IX Plumbing services
Section 1 Water supply
Section 2 Drainage and sanitation
Section 3 Gas supply
Part X Signs and Outdoor display structures
18. State Level Legislation
• The planning and development are mainly the
state subjects and therefore, the development
in the states is based on the legislative
support as applicable in that state. The
legislative support in the state is applicable to
formulate Master Plans, Zonal Plan,
Development Plans and Development
Schemes for their implementation and
enforcement.
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19. The control in Maharashtra
• The MRTP Act, 1966.
• The Bombay municipal corporation
development control regulations.
(For Mumbai city.)
• The development control rules for cities and
villages in MMR area prepared by MMRDA
• The standardized building bye-laws for class
‘A’, class ‘B’ and class ‘C’ municipal councils
formulated by the government of
Maharashtra.
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20. The first control through DP
The positive planning tool
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22. 23
What is Development ?
section 2(7) of Maharashtra Regional and Town
Planning Act, 1966
“Development in its grammatical variations means the
carrying out of building, engineering, mining or other
operations, in or over , or under , land or the making
of any material change , in any building or land ,or
any use of the building or land, or any material or
structural change in any heritage building or its
precinct and includes demolition of existing building
structure or erection or part of such building,
structure or erection and reclamation,
redevelopment and layout and subdivision of any
land and ‘to develop’ shall be construed accordingly”
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23. Definition of ‘Building operations’
… includes erection, re-erection of a building or
any part thereof, roofing or re roofing of any
part of the building or of any open space, any
material alteration or enlargement of the
building, any such alteration of the building as
is likely to affect an alteration of its drainage
or sanitary arrangements or materially affect
its security or the construction of door
opening on any street or land not belonging to
owner
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25. Every development requires
permission
1. No person can institute change of use of any
land or carry out any development without
permission of PA in writing once the
notification of intention to make DP u/s 23 is
published
(Read section 43 of MRTP Act, 1966)
2. Application in prescribed manner
( Read Section 44 of MRTP Act, 1966)
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26. Permission to Municipal council/
corporation is not required in certain cases
Section 43 (iv)(a) and (b)
No permission shall be necessary
for the carrying out by the Central or the State Government or
any local authority of any works
(a) required for the maintenance or improvement of, a
highway road or public street, being works carried out on land
within the boundaries of such highway, road or public street;
(b) for the purpose of inspecting, repairing or renewing any
drains, sewers, mains, pipes, cable, telephone or other
apparatus including the breaking open of any street or other
land for that purpose;
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27. Application by Municipal council/
corporation is not required
• Section 44
Any person not being a central government ,
state government or a local authority shall
make an application in prescribed format ….
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28. महापािलिके च्या योजनेअंतर्गरतर् बांधकाम
परवानगी आवश्यक आहे काय?
होय, प्रस्तर्ावास मालिकी हक्काचे ७/१२ उतर्ारा व
मोजणी नकाशा जोडणे आवश्यक आहे
29. Development by government
Section 58(1)
When any Government intends to carry out
development of any land for the purpose of
any of its departments or offices or
authorities, the officer in charge , thereof shall
inform in writing the Planning Authority the
intention of Government to do so, giving full
particulars thereof, and accompanied by such
documents and plans as may be prescribed at
least thirty days before undertaking such
development.
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30. Section 58(2)
Where a Planning Authority raises any objection to the
proposed development on the ground that the
development is not in conformity with the provisions
either of any Development plan under preparation, or
of any building bye-laws in force for the time being, or
for any other material consideration, the officer shall—
(i) either make necessary modifications in the proposals
for development to meet the objections raised by the
Planning Authority; or
(ii) submit the proposals for development together with
the objections raised by the Planning Authority to the
State Government for decision.
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34. The second control through DCR
The negative planning tool
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35. Introduction to building bye-laws
• They are also called development control Rules.
• Apply to all Building activities within territorial
jurisdiction of the municipality
• They are in addition to the section 44,45,58,and 56
of the Maharashtra Regional and Town planning Act,
1966
• They are also in addition to Section 183,189,190,191
and 192 of Maharashtra Municipalities Nagar
Panchayats and Industrial Townships Act, 1965
36. Need of building bye-laws
• Air, Light and ventilation of buildings
• Better Estate Management
• Orderly growth and development.
• There are separate Building bye-laws for Class
A, Class B and Class C Municipal Councils
37. Building Bye-laws and regulations impact
particularly on the quality and quantity of
housing supply and city environment
A framework to control and regulate this
phenomenon of city expansion is essential to
make not only the existing but even future
human settlements, “safe, orderly and
beautiful”.
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38. Necessity of control over buildings
Health
As per WHO health means
……..Physical health
……..Mental health
(Of person residing / roaming in the city)
1
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39. Necessity of control over buildings
Safety
Of
Property owner
The neighbours of property owner
The person passer bye
2
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40. Necessity of control over buildings
Convenience
To everyone in the city
3
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43. Application of Building bye-laws
They apply to
1. Design and construction for erection of new
building
2. Removal of whole or part of a building
3. Demolition of whole or part of a building
4. Change of occupancy of a building
44. Procedure of obtaining Building
permit, commencement certificate
• Not even temporary construction without
Permission
• Application in prescribed format
• four copies of plans and statements
• Information required with plan
• Standard color coding
• Dimensions in metric system of units
• Must show key plan (1:8000) , site plan (1:500)
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45. Information accompanying
notice of erection
Ownership title
Property card 7/12 Extracts / Sale or Lease deed
Receipt of fees
Based on area under construction
Site plan
Scale ≥1:500 with North Direction, Plot numbers, contiguous
boundaries and Reservations, streets
Building plan
Floor plans with area statement and jointly signed by architect
and owner of land or developer
46. Inspections by authority
1. Prior to approval of plan
2. On digging foundations
3. On completion of plinth
4. On application of part or full completion
certificate
5. On application of occupation permission
47. General controls on building
Site conditions
1. Not Insanitary or dangerous or incapable of being drained
2. Access through 6.0m wide road adjacent to plot and not
away by from public road by more than 50m
3. Not within 9m from water body / HFL mark
4. Land use in conformity with DP
5. Not adjacent to or below Electricity lines. Vertical and
Horizontal distances based on Voltage but not less than 2.5
and 1.2 m respectively
48. General controls on building
Land sub-division or layout
1. Width of road based on it’s Length. But not less than 6m for
residential area and 12m for commercial/industrial area
2. 10 % open space for land admeasuring more than 0.4 Ha for
residential purpose and 0.8Ha for commercial purpose
3. Minimum plot sizes for row houses, Semidetached building
and detached houses. Range from 50 sq.m to 150 sq.m
49. General controls on building
Land use classification
Purely residential R1
Residential with shopping on ground
floor
R2
APMC Green
Industrial zone I1,I2,I
3
No development Zone NDZ
Coastal regulatory Zone CRZ
Special reservations
50. General controls on building
Front open spaces
1. Minimum setback from existing or proposed road
2. No structural projections in marginal spaces
Maximum Floor Space Index ( Based on plot size)
0.75 in Gaothan area
1.0 in other area
For streets 7.5m to 12.0m wide 1.0m
For streets more than 12.0m wide 1.5m
51. General controls on building
Height Limitations
1. Not more than 1.5 times the road width
2. Not more than 4 stories in any case
Other Limitations
1. Plinth heights
2. Basement
3. Mezzanine floor
4. Parking
5. Sizes of Habitable rooms, Kitchen, bath rooms, water
closets
52. Special controls on specific building
For example
Educational building
1. Class room size
2. Height of class room
3. Passage and stair case width
Institutional building like Hospital , Maternity
home or Health centre
1. Room sizes and height
2. HVAC requirements
53. Procedure during construction work
• Notice of commencement of work
• Documents at site
• Checking plinth / Plinth certificate
• Deviation during construction
• Completion certificate
• Occupancy certificate
• Part occupancy
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54. Requirements of site
• Not insanitary or dangerous
• Not within 9m from Highest water mark
• Distance from electric lines of low and high
voltages
• Means of access like street / road
(Minimum width of road based on length
of road, Type of use)
• Not reserved for public use
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56. An attached building abuts two side lot lines and is
one of a row of buildings on adjoining zoning lots.
The end buildings of a row of attached buildings are
considered semi-detached buildings if they each
have a side yard.
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57. A detached building is a freestanding building that
does not abut any other building on an adjoining
zoning lot and where all sides of the building are
surrounded by yards or open areas within the zoning
lot.
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58. A semi-detached building is a building that abuts or
shares one side lot wall with another building on an
adjoining zoning lot and where the remaining sides of
the building are surrounded by open areas or street
lines.
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59. A zero lot line building is a building that abuts one
side lot line of a zoning lot and does not abut any
other building on an adjoining zoning lot.
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60. Classification based on use.
Residential PublicIndustrial Commercial /
Mercantile
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62. Enlargement
An enlargement is a built addition to an existing
building that increases the floor area of the building.
Extension
An extension is an expansion of the existing floor area
occupied by an existing use.
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63. A corner lot is a zoning lot that
adjoins the point of intersection of
two or more streets; it is also a
zoning lot bounded entirely by
streets.
A through lot is any zoning lot that
connects two generally parallel
streets and is not a corner lot.
An interior lot is any zoning lot that
is neither a corner lot nor a
through lot.
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64. Building Envelope
A building envelope is the maximum three-
dimensional space on a zoning lot within which a
structure can be built, as permitted by applicable
height, setback and yard controls.
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66. Floor Space Index (FSI)
• Means the ratio of the combined gross floor
area of all floors to the gross area of the plot
• Tool to control density of population
Total covered area on all floors
Floor Space Index (FSI) =
Gross Plot area
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68. Floor Area Ratio (FAR) / Floor space Index (FSI)
The floor area ratio (FAR) is the principal bulk regulation
controlling the size of buildings. FAR is the ratio of total
building floor area to the area of its plot.
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69. A plot merger is the joining of two or more adjacent
plots into one new plot. Unused development rights
may be shifted from one lot to another, as-of-right,
only through a plot merger.
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70. A transfer of development rights (TDR) allows for the
transfer of unused development rights from one
zoning lot to another in special circumstances, usually
to promote the preservation of historic buildings,
open space or unique cultural resources.
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74. आर जी ची िकमान रं दी व केत्रफळ
िकती असावे?
७.५ मी
१२५ चौ.मी.
75. एकापेका जास्त जागी प्रस्तािवत असल्यास
प्रत्येक आर.जी. चे िकमान केत्रफळ िकती
असावे?
७५० चौ.मी.
76. ना.ज.क.धा. अिधिनयम अथवा इतर
कोणत्याही कारणाने शासनास िकं वा
महापालीके स हस्तांतरीत करण्याच्या केत्राचे
नकाशावर िनदेशन आवश्यक आहे
77. Sky Exposure Plane
A sky exposure plane is a
virtual sloping lane that begins
at a specified height and rises
inward over the zoning lot at a
ratio of vertical distance to
horizontal distance set forth in
regulations. It is designed to
provide light and air at street
level, primarily in medium-
and higher-density areas, and
must not be penetrated by the
building (except for permitted
obstructions).05/11/14 78Anil Lad
87. Parking
Expressed in terms of percentage of plot area
Based on
1.Number of tenements / Occupancy
2.Kind of use
3.Type of vehicle to be parked
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