Uses Permissible in Development Plan Reservations in UDCPR 2020

Mar 05, 2024

Any city in India is divided into various land use zones: Residential, Commercial, Agricultural, Industrial, etc. So, there is a restriction on the use of land under any zone. For example, You cannot build a Commercial building in an Agricultural Zone, or You cannot build hazardous or high-end Industries in a Residential Zone.

So here are the uses permissible in the Development Plan Reservations as per UDCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

This is applicable to all Planning Authorities and Regional Plan Areas except 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. 4.27 Uses Permissible In Development Plan Reservations

1) The uses permissible in a reserved site shall conform to the use for which it is reserved unless specified otherwise. The required parking, public toilets, and separate places for garbage bins shall also be permissible in the reserved site itself.

2) Where the Authority or the Appropriate Authority proposes to use land/building/premises reserved for one specific public purpose/purposes, partly for different public purpose/purposes, it may do so, provided that such partial use shall not exceed 40% of the reserved area and such combination shall not be of incompatible uses. However, public necessities like Police Stations / Chowkys, water supply establishments, Arogya Kothies (i.e.Waste Segregation Centre at Ward Level with allied uses), etc. and other public utility services can be established in the said area. This provision shall not be applicable for the purposes mentioned below in (1) 4.27(5) (a), (b) and (c).

3) Any site reserved for a specific purpose in the development plan may be allowed to be developed for any other public purpose with the permission of the Government. In doing so, buildable reservations may be allowed to be developed for buildable or open/recreational uses, and open/recreational reservations may be permitted to be designed for open/recreational uses only.

4) The Planning Authority, with the prior approval from the Government, may acquire and develop any of the reservations proposed in the Development Plan, partly or fully, for multi-storeyed public parking, irrespective of its designation, if amenity of parking is direly needed in the area. However, the Authority should be satisfied that there is a pressing need for parking in that area and priority for parking is more important than the purpose for which the reservation is made, in case of purposes mentioned at Regulation No. (1) 4.27 (5)(a)(b)(c), parking may be allowed to be developed in the basement/s subject to the development of the main purpose on the ground level with a layer of soil of 1.0 m—depth and arrangement of soil water recharge.

5) Combination of uses as mentioned below may be permissible with the permission of the Authority, even if the reservation is for a specific purpose.

a) Playground – In playground reservation, a minimum of 90% area shall be kept open for open play activities. In the remaining 10% of the area, a covered swimming pool & allied construction, a gymnasium, a covered badminton court, a pavilion, (with or without shops, offices beneath), watchman’s quarter, small restaurant or food stalls to the extent of 20 sq.m. (for every 4000 sq.m. reservation area) may be permitted. The maximum FSI permissible shall be 0.15.

b) Stadium/Sports Complex - In addition to the uses permissible in the playground mentioned above, shops/offices below the spectators’ tiered gallery may be permitted. Permissible FSI shall be as mentioned in Regulation No.6.2.2, Table 6-E, Sr.No.8.

c) Garden/Park - In addition to the main use of the garden, open swimming pool & allied construction, aquarium, water tank, booking counter, toilets, rainwater harvesting system, gardener/watchman’s quarter, small restaurant or food stalls to the extent of 20 sq.m. (for every 4000 sq.m. reservation area) may be permitted. The total FSI used for such constructions shall not exceed 0.10 of the garden area. If required, the sites of parks or gardens may be developed for playgrounds; however, such change shall not exceed more than 10% of the like reservations in the said sector of the Development plan.

d) Civic Centre / Community and Cultural Centre - Community Hall, welfare centre, gymnasium, badminton hall, art gallery, museum, clubhouse, public conveniences, cafeteria, gardens, exhibition centre, and a combination of uses. (1) Convenience Shops may be permitted within 15% of basic FSI.

e) Vegetable Market - Open or covered ottas for sale of vegetables and/or mutton and fish, along with petty convenience shops and fruit stalls, may be permitted.

f) Shopping Centre/Market - Shopping, vegetable market, hawkers place, etc., and departmental stores, offices, banks, and community hall are on the upper floors.

g) Auditorium/Drama Theatre - In addition to the Auditorium, Drama theatre / Natyagriha, Art Gallery, Exhibition Hall, Library, small restaurant to the extent of 20 sq.m. (for every 4000 sq.m. reservation area) and allied uses such as guest rooms for the artists may be permitted.

h) Primary School/High School - Respective uses with their lower/ancillary uses along with canteen and ancillary uses, including staff quarters, and hostels. Fifteen per cent of the built-up area may be permitted for commercial use, on basic FSI related to the educational purpose, on the ground floor with a separate entry and exit.

i) Hospital / Maternity Home, etc. - Respective uses with their lower/ancillary uses and any sort of medical facilities along with ancillary construction such as staff quarters, chemist shop, restaurant, ATM, PCO, cyber café of not more than 20 sq.m., etc. and sleeping accommodation for guests in case of bigger hospitals of built-up area not less than 2000 sq.m. may be permitted.

j) Slum Improvement Zone - It shall be developed for slum rehabilitation as per regulations of the Slum Rehabilitation Authority.

k) Truck Terminus - In addition to a minimum 60% area for parking of trucks, ancillary offices, restaurants, hotels, motels, lodging facilities for drivers, Vehicle fuel Filling stations including LPG/CNG/Ethanol/Charging Stations for Electric Vehicles, auto repair centre, auto service centre, shops for auto spare parts, shops for daily needs, ATM, PCO, Primary Health Centre/First Aid Centre and provision for loading-unloading may be permitted. Moreover, these reservations may also be developed for bus stands, and bus - MRT interchange with the mall.

l) Bus Stand for Local and Regional Services/Metro station/Transport Hub - In addition to respective purposes, the bus metro reservation may have interchange along with other ancillary uses. Where there is/are any existing building/s accommodating owners/occupants in such reservation, they may be accommodated by the Planning Authority on the upper floors of any proposed building/s on the reservation, subject to their willingness.

m) Fire Brigade Station - Fire brigade station along with allied activities.

n) Sewage Treatment Plant (STP), Solid Waste Facility, Water Works - respective use with allied activities and interchangeability among one another.

o) Parking/Parking Lot - Parking along with ancillary uses such as public convenience, driver room, motor garage, etc., on not more than 10% area.

Provided further that, the Planning Authority may accommodate, on the willingness of the owners/occupants residing in the existing building/s on reserved area, on the same land, on any floor of the proposed parking building.

p) Public Amenity - Any amenity, along with ancillary use.

q) Municipal Purpose - Any public purpose related to the functioning of the Municipal Authority as may be decided by the Authority.

r) Cremation Ground/Burial Ground - Respective use with allied activities and interchangeability among one another.

s) Weekly Market - Weekly vegetable market with open ottas, cattle market, and ancillary petty convenience shops.

t) Multipurpose Ground - Users permissible in sites reserved for Multi-purpose ground :

i) Playground

ii) Exhibition ground

iii) Festival fairs, ceremonies, religious functions, etc.

iv) Circus

v) Social gathering, public speeches

vi) Cultural activities like Kalagram etc.

vii) Music Concerts etc.

viii) Institutional programs

ix) Touring Talkies

x) Govt. or semi-government organization functions.

xi) Parking.

u) Exhibition Ground/Open Exhibition Ground/Exhibition Centre - All activities related to various exhibitions and ancillary structures like offices, restaurants, etc., of built-up area not exceeding 10% of the total area.

v) Bio Diversity Park - Uses permissible

i) Agricultural, including horticultural uses.

ii) Forestry and Nursery.

iii) Park.

iv) Historical museum only on the lands owned by the Govt./Authority subject to maximum floor space area not exceeding 4% of the total plot with ground floor structure without stilts.

v) Bio-Diversity information Centre and Research center subject to a maximum floor space area not exceeding 4% of the total plot with ground floor structure without

stilts.

vi) Public Streets having a width not exceeding 9.0 m. alignment and the cross-section of the street shall be finalized by the Authority without cutting the hill area.

w) Composite development of Bus Terminal / Bus Depot / Truck Terminal for cities having a population of 5 lacs and above – In the case of cities having a population of 5 lacs and above, the composite development of the reserved lands for a Bus Terminal / Bus Depot / Truck Terminal, may be allowed subject to the following :-

i) 40% of land shall be kept open for basic use with proper manoeuvring buses/vehicles, and the remaining up to 60% of land may be allowed to be developed for affordable housing.

ii) Such a plot shall be owned by a planning authority or development authority. iii) Such composite use shall be segregated by separate entry/exit.

x) Other reservations - Other reservations may be developed for the respective purposes along with compatible, ancillary uses.

Note :- The permissible FSI and the maximum permissible loading limit, including TDR and FSI with payment of premium for the above uses in the reservation, shall be as permissible for a residential zone, if not specified otherwise.