Additional Rules for Regional Plan Area than Basic UDCPR Rules in UDCPR 2020

Mar 19, 2024

UDCPR has a Unified rule, which means that instead of having numerous regulations for every city/region in the state, it is better to have a single rule for all cities in Maharashtra.

But due to some geological conditions or some other restrictions the regulations may vary a bit for some regions in Maharastra.

For Example, the Coastal Region, Hilly Region, Densely Populated Region, and Gaothan can't have the same type of rules, and the rules differ according to it.

UDCPR 2020 Chapter 5 is all about Additional Provisions for Regional Plan Areas.

This is Applicable to all Planning Authorities and Regional Plan Areas except the Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

Rule No. 5.0 General

In addition to the provisions mentioned in these Regulations, the following additional provisions shall be applicable for the areas of the Regional Plans/Authorities mentioned hereinunder. These provisions shall prevail over the provisions, if any, mentioned in this Development Control and Promotion Regulations to that extent.

Rule No. 5.1 For All Regional Plan Areas

5.1.1 Development Permissible Adjacent to Gaothan

For the villages in the area of Regional Plans (excluding the area of Local Bodies and SPA where a Development Plan or planning proposal is sanctioned) where no specific residential zone is shown, for such villages, development permissible in a residential zone, may be permitted :-

i) Within a belt of 2.00 km. from the boundaries of the Municipal Corporation, 1.00 km. from the boundaries of the Municipal Council, and 0.50 km. from the boundaries of Nagar Panchayat, where zone plans are prepared or not prepared in the Regional Plan for such area;

However, the proposed development within such belt shall be guided by the road network of published/sanctioned zone plans or elsewhere proper road network plan prepared and approved by the Director of Town Planning within 6 months or within such time limit as extended by the Government.

ii) Within a belt of 500 meters from the gaothan limits of settlements having a population of less than or equal to 5000 as per the latest Census and;

iii) Within a belt of 1500 meters from the gaothan limits of settlements having a population of more than 5000 as per the latest Census;

iv) in the case of settlements of both the categories mentioned in (ii) and (iii) above, falling in the planning areas/Zone Plans of Regional Plans, such distance from the gaothan limits shall be 500 meters only;

v) in the case of village settlements in the Western Ghat hilly area (eco-sensitive zone) in the Regional Plan of Satara, Pune, Ahmednagar, Dhule, Kolhapur, Nashik, Nandurbar, Sangli, Sindhudurg, Thane, Palghar and Raigad District or as notified by Govt. from time to time such distance shall be 200 m. only

vi) in the case of villages in the Regional Plan of Mumbai Metropolitan Region and Raigad, such distance shall be 500 m. only.

Provided that, such development shall be permitted only on payment of a premium of the total area of land. Such premium shall be calculated considering the 15% rate of the said land as prescribed in the Annual Statement of Rates of the year granting such developments. This rate of premium shall be subject to orders of the Government from time to time, Provided further that, for the areas which are converted into Municipal Councils / Nagar Panchayats within the Regional Plan (under the provision of Maharashtra Municipal Councils, Nagar panchayats and Industrial Townships Act, 1965), such premium shall be calculated considering 5% rate of the said land as prescribed in the Annual Statement of Rate for the year while granting such residential development (without considering the guidelines therein).

Provided further that, no such premium shall be applicable for the development of an

individual house of an owner or farmhouse on the owner's land.

Provided further that no such premium shall be applicable for revised permission on the land where development/Layout permission is granted prior to sanction of the respective land where development/Layout permission is granted prior to sanction of the respective Regional Plan, more specifically mentioned in Regulation No.5.1.3 below.

Provided further that where more than 50 percent of the area of the Survey Number/Gut Number is covered within the above peripheral distance, the remaining whole of such Survey Number/Gut Number within same ownership shall be considered for development on payment of premium as above.

Provided further that the criteria of “distance from gaothan” shall also be applicable to the lands from the nearest gaothan of any village.

Provided further that this provision shall not bar development permission for the uses, otherwise permissible, in the agricultural zone as per UDCPR within a specified distance from gaothan mentioned in this regulation.

Provided also that this regulation shall also apply to all declared/Notified Gaothan under M.L.R.C. whether shown on the Regional Plan or not.

Provided further that in respect of the Ratnagiri-Sindhudurg Regional Plan, this provision shall be subject to provisions mentioned in Regulation No.5.3.

5.1.2 Regulations for Development of Tourist Resorts/Holiday Homes/Township in Hill Stations Types Areas under Hill Stations Policy

The developments under the Hill Station Policy shall be governed by the Special Regulations as sanctioned by the Government vide notification No.TPS-1893/1231/C.R.123/96/UD-13, dated 26/11/1996, and its amendments by the Government from time to time.

5.1.3 Committed Development

i) Any development permission granted or any development proposal for which tentative or final approval has been recommended by the concerned Town Planning Office and is pending with the concerned Revenue Authority for demarcation or for final N.A. permission before publication of draft R.P. (date of resolution of the R.P. Board for publication) shall be continued to be valid for that respective purpose/use irrespective of approved Floor Space Index. Provided that, it shall be permissible for the owner to either continue with the permission in toto as per such earlier approval or apply for a grant of revised permissions under these regulations. However, in such cases of revision, the premium, if any, shall not be applicable, for approved permissions (including tentative). This provision shall not cover the cases mentioned in 5.1.3 (iii) below.

ii) The layout already approved/development permission already granted for residential purposes and which is valid as per the provisions of UDCPR shall be entitled to development subject to the use of earlier permission. This shall also be applicable to cases where sale permission for N.A. use has been granted prior to the date of sanction of these Regulations, for the same use as the one for which sale permission was granted.

iii) The layout already approved/development permission already granted for the uses permissible in agricultural or such restrictive zones and which are valid as per the provisions of UDCPR shall be entitled to development subject to use and FSI of the respective use granted in earlier permission.

5.14 Rectification of draftsman's error

i) Draftsman's errors, which are required to be corrected as per the actual situation on site/or as per Survey Records, sanctioned layout, etc., shall be corrected by the concerned District Collector, after due verification and prior approval of the concerned Divisional joint Director of Town Planning.

ii) Drafting errors, if any, regarding Private Lands shown by mistake in the restrictive zone such as defense zone, forest zone, command area, etc., shall be corrected after due verifications of records and situation on the ground by the concerned Authority with prior approval of Divisional Joint Director of Town Planning. In such cases, private land will be included in the adjacent zone.

iii) The boundaries of the designated or Notified Eco-Sensitive Zone for Bird Sanctuary, Wildlife Sanctuary, and other projects shown on the Regional Plan shall be as per the final notification issued under the Environment (Protection) Act, 1986. All conditions regarding development, including Buffer Zone, in pursuance of the provisions of the said Act shall be applicable.

5.15 Highways Notified by State/Central Government

If any highway/ring road/expressway and any other classified road are notified by the State/Central Government Highway Authority under the provisions of the relevant act, then the alignment of such notified road shall be deemed to be part of the Regional Plan and for this, a procedure under section 20 of M.R. & T.P. Act, 1966 shall not be necessary.

5.1.6 Station Area Development

The development of in agriculture zone around any functional railway station up to a distance of 500 m. shall be permitted by charging a premium at a 30% rate of the said land as mentioned in the ASR on a total area of land under development, subject to the following -

i) Within a 100 m. distance from the periphery of the station, the users related to the railway station and other users (excluding Residential) shall be permitted.

ii) In the remaining distance within 500 m., all users permissible in the Residential Zone shall be permitted.

iii) The rate of premium shall be subject to the Government's order from time to time.

5.1.7 Modification proposals already sanctioned

All the modification proposals from the Regional Plan already sanctioned by the State Government under section 20(4) of Maharashtra Regional and Town Planning Act, 1966, but not shown in the respective zone in the Regional Plan shall be treated as included in the respective Zone as per the modification sanctioned by the State Government.

5.1.8 Provision of Amenity Space

i) In any layout or sub-division of land for residential purposes measuring more than 0.4 Ha. (excluding the area of R.P. roads, road widening and designations) amenity space shall have to be provided for the areas and specified percentages mentioned in the table below.

Area of Land	Amenity Space to be provided
up to 4000 sq.m	Nil
more than 4000 sq.m	10%

ii) For calculating the area for Amenity Space, an area covered under the development proposal submitted to the Authority shall only be considered.

iii) The owner shall be entitled to develop the Amenity Spaces as per the uses permissible in the Amenity Spaces.

iii) If the owner agrees to handover and the Authority agrees to take over the amenity space, then such Amenity Space shall be deemed to be reservation in the plan and floor space index (FSI) in lieu thereof (1) subject to maximum receiving potential prescribed in these regulations may be made available in-situ on remaining land. The calculation of this in-situ FSI shall be shown on the layout/building plan. In the areas where TDR regulations are applicable and if the owner desires to have TDR against it, instead of in-situ FSI, then he may be awarded TDR. The in-situ FSI or TDR shall be granted only after the transfer of the Amenity Space to the Authority. The generation of TDR or in-situ FSI shall be equivalent to the quantum mentioned in the Regulation of TDR.

iv) (1) Proviso of Regulation No.3.5.1, shall be applicable to this regulation.