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Published on 2/27/2018 2:01:03 PM
Delhi Masterplan tweaked; paid parking becomes a reality
Delhi’s commercial profile is set for an upgrade. Responding to the series of distressing sealing drives the city has been witnessing over the past couple of months, driven by Supreme Court orders, the Minister for Housing and Urban Affairs, Hardeep Puri announced changes to the Masterplan of Delhi (MPD) 2021. This would accommodate both commercial establishments integrated with residential developments and the consequent parking problems that could arise.

The contentious mixed use regulation in Delhi has been in and out of legislative and legal purview. The sealing against the unauthorized construction on mixed use/commercial street and other establishments running in the residential areas began in 2006. In September 2006, Government notified mixed use regulation as part of modification in Master Plan of Delhi 2021 and accordingly, 2183 mixed use streets and 355 commercial streets were notified.

The Master Plan for Delhi was notified on 7.2.2007 with a separate chapter for mixed use provision for running retail shops, offices, commercial and professional activity were permitted in residential areas for which payment of conversion charges and parking charges had to be paid by the owner of the establishment. It also allowed local bodies to survey within 90 days to identify additional roads to be declared as mixed use/commercial streets and to be notified by the Government of NCT of Delhi.

This time, however, it is the central ministry and not the NCT of Delhi that has announced the changes to the laws to accommodate “ground realities.” After several meetings with the Lt Governor of Delhi, the 3 municipal commissioners and the Vice Chairman of the Delhi Development Authority (DDA), Union minister Puri has announced the modifications to MPD 2021.

These take into account the recommendations of DDA’s technical committee which were approved and opened for public debate from 3-7 February 2018. At least 741 objections/suggestions were received and approximately 210 representatives also made oral submissions before the Board of Enquiry and Hearing on 9th, 10th and 12th February 2018. The Board of Enquiry and Hearing has made certain recommendations which are being placed before the Authority for its consideration and shall be notified by the Ministry.

The anomaly regarding the differential norms for mixed use has been streamlined and uniform FAR will now be permitted in all shop-cum-residential plots / complexes prevailing pre-1962 (before Notification of MPD-1962) and Post 1962. The FAR shall be as permitted for residential plotted development as stipulated in the MPD-2021.

Basements are allowed to be used for commercial /professional activities in shop-cum-residential plots/complexes as already applicable for mixed use /commercial streets. IT professionals, real estate/LIC agents/medical transcriptioners / matrimonial services etc., have also been allowed to work out of basements, under the mixed use policy.

The minister announced that the recommendations take into account concerns raised by the Supreme Court of India orders of 9 February 2018 regarding environment, pollution, fire safety measures for life and safety of the people.

Recommendations

Permissible FAR

Uniform FAR (Floor Area Ratio) on shop-cum-residence plot/complexes of pre-1962 & post-1962 shall be as permitted for respective size of the residential plotted development as applicable on mixed use/commercial streets.

Basement

Uniform norms for utilization of basement in all the shop-cum-residential plots/complexes. Commercial activity in the basement on all commercial street/area in shop-cum-residence plot/complexes. Professional activity shall also include the non-polluting service sector professionals.

Rationalisation of various charges

Synchronization and fixation of charges (i.e. use conversion charges, additional FAR charges, parking charges, compounding charges, penalty etc.)

Charges to be based on locality/category defined for Circle Rates and grouping within three categories i.e. (A&B), (C&D), (E,F,G & H)

Owners who have already paid the due charges in form of down payments or instalments will not be liable to pay.

One time parking charges shall be paid by the owner as down payment or maximum in four installments within a year.

Parking

The parking will be provided as per the provision of MPD 2021. In case the parking cannot be provided within the plot, the concerned local bodies shall identify and develop the land for providing shared / common parking. In the absence of any land for the parking in the vicinity, such complexes / street shall be declared as “Pedestrian shopping street / areas”.

Other Issues

Notification of 351 roads for commercial/mixed use under MPD 2021 by Urban Development Department, GNCTD.

Increase in number of workers as well as load from 5KW to 11 KW in household/non-polluting service industries subject to statutory clearances from Labour and Industries Departments & Delhi Pollution Control Committee.

In order to address issues related to infrastructure facilities, pollution, environmental concerns etc., in shop-cum-residential complexes and areas failing along mixed use/commercial streets, the following regulatory measures shall be adopted by the concerned local bodies, government agencies and other statutory bodies.

Local body in consultation with traffic police shall conduct traffic assessment and prepare traffic management plan for these areas.

Traffic control parking and other infrastructure services e.g., water, sewage etc., shall be augmented by the concerned service providing agencies. In no case, the parking of vehicle shall spill over in common public area/adjoining spaces/residential colonies.

On street parking charges shall be levied by the concerned local body as per parking policy.

Restricted entry/exit in shop-cum-residence plots/complexes towards the residential areas/service lane.

Outdoor unit of air-conditioning shall in no case extrude from the plot line/or to be placed on the rooftop Exhaust duct shall not open directly towards the public lane or face the other residential plot.

Restaurants, clubs, pubs shall not be allowed in the residential premises as part of mixed use.

Amount collected on account of various charges will be credited in a Escrow account to be used exclusively for augmentation of infrastructure facilities/amenities (parking, public toilet, water supply, etc.)

To further promote parking facility, the scheme areas shall be provided with 5 % additional ground coverage. Rebate in levy of conversion charges and amalgamation of plots have also been introduced to incentivise the parking facility within the plot.

The matter regarding notification of 351 roads for commercial / mixed use under MPD-2021 is being expedited by Urban Development Department, GNCTD in coordination with the concerned local bodies.

Permission for godown clusters in non-conforming areas--The National Capital Territory of Delhi Laws (Special Provisions) provide for formulation of policy or plan for orderly arrangement regarding storage, warehouses and godown used for agricultural input or produce in rural areas built on agricultural land and guidelines for redevelopment of existing godown clusters(including those for storage of non-agricultural goods)

Such existing godown clusters as well as stand-alone godowns shall be permitted with certain regulatory measures taking into consideration the traffic congestion, loading /unloading facility from vehicles, pollution etc. In villages stand-alone godowns shall be permitted on plots which have direct access from minimum 9 mt RoW (with maximum plot size of 300 sqm) and minimum 12 mt RoW (irrespective of plot size).



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