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TOD Regulations in UDCPR-2020

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159 views6 pages

TOD Regulations in UDCPR-2020

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UDCPR-2020

a) Continue such Special / Integrated Township Project under the erstwhile regulations
under which LC is granted without considering these regulations.
b) If the project proponents wish to develop township according to this regulations then
he may apply for grant of (1) revised Locational Clearnce from State Government as per
Regulation No.[Link] alongwith the additional documents mentioned at [Link].(j)
therein.
ii) If in case as described in Regulation No.[Link](i)(b), the construction of the project is
on-going and the Occupation Certificate, either in fully or partly has granted or not been
granted, it shall be permissible for the Project Proponent/s to choose an option to prefer
this regulation subject to payment of premium as prescribed in Regulation No.[Link](i)
and (ii). In such cases premium shall be calculated on balance area which shall be the
difference of FSI permitted as per earlier regulation and that being availed as per this
regulation.
[Link] Appeal :-
Anyone aggrieved by an order passed under prevailing byelaws may within forty days of the
date of communication of the order prefer an appeal to the Director of Town Planning,
Maharashtra State, Pune. The appeal shall be decided within 60 days.
[Link] Control by the State Government :-
Director of Town Planning, M.S., Pune is authorised on behalf of Government to monitor the
Township Project and submit his report once in six months to Government.
[Link] Government may relax any provisions from these regulation considering the site condition of
the particular project.
[Link] Read the concern Planning Authority / Special Planning Authority constituted under relevant
Acts instead Collector, wherever applicable (1) except the powers to grant Letter of Intent
under Regulation No.[Link].
[Link] The rate of premium mentioned in the Regulation No.[Link](i)(b) and [Link](ii)(b) can be
revised by the Government from time to time.
(1)
Note :- These proposed modifications are related to the ITP policy of UDCPR and for the
effective implementation of UDCPR, these proposed modofocations will be applicable to the
prevailing ITP policy of the respective DCR of NAINA, CIDCO, MSRDC & PMRDA and the
prevailing provisions of ITP policy of respective DCR of NAINA, CIDCO, MSRDC &
PMRDA will continue wherein no modifications are proposed.
(1) (1)
14.1.2 For Development Plan area
(1)
Deleted.
14.2 TRANSIT ORIENTED DEVELOPMENT (TOD)
The following regulations in respect of Transit Oriented Development shall be applicable for
the areas mentioned herein under. These provisions shall come in to operation where
Authorities either have or proposed RTS / Metro-rail / BRTS corridors in their Development
Plans and have started implementing them.
14.2.1 (#) (1)
For Pune Municipal Corporation Area
(1) (1)
14.2.1 TRANSIT ORIENTED DEVELOPMENT (TOD)
The planning authority shall ensure execution of complete street design for the success of TOD
and enable construction of street oriented buildings while achieving optimum densities in
residential, commercial and office buildings.
(#)
Clarification issued Vide Letter [Link].236/18 (Part 1), dt.14 th January, 2021
(1)
Inserted vide Notification u/s.37(1AA)(C) & 20(4) [Link].158/19, dt.10th October, 2022
(1)
Modified / Deleted vide Notification u/s.37(1AA)(c) & 20(4) bearing [Link].105/2022/(Part-2)/UD-13, dt.05th September, 2024

265
UDCPR-2020
(1)
The Planning authority shall also ensure complete pedestrianisation in the TOD zones for easy
movement of the pedestrians to & from station within a period of 1 year from sanction of this
regulation.
[Link] Definitions
(i) TOD zone :- It is the area 500 m. around the proposed Metrostation boundary as will be
delineated by the Planning Authority with the approval of the State Government.
Wherever any reservation / amenity space within such distance is utilized for the purpose
of transportation as prescribed in these regulations, and the distance of 500 m. shall stand
relaxed up to 30%. The TOD zone shall be delineated on ground by the Planning
Authority in time bound manner i.e. within 2 months from this notification.
(ii) Base permissible FSI :- It is the FSI that is otherwise permissible on any land with respect
to zone shown as per the sanctioned development plan and the relevant provision of the
Principal DCPR excluding the TDR and the premium FSI, redevelopment incentive FSI
that can be received.
(iii) Gross plot area :- Gross Plot Area means total area of land after deducting area under
reservation or deemed reservation like amenity space if any, area under D.P. Road and
Road widening.
(iv) Principal DCPR :- Principal DCPR means the UDCPR sanctioned vide notification
dt.02.12.2020 and as amended from time to time.
[Link] Maximum Permissible FSI
The maximum permissible total FSI in TOD zone shall be 4.00 including the base permissible
FSI, subject to condition that, the additional FSI over and above the base permissible FSI shall
be allowed within the overall limit of maximum permissible FSI, as given in the Table below -
Sr. No. Road width in m. Maximum Permissible FSI
1 2 3
1 9.0 m. and up to 12.0 m. 2.50
2 12.0 m. and up to 15.0 m. 3.00
3 15.0 m. and up to 24.0 m. 3.50
4 24.0 m. and above 4.00
Note : The Regulations as pertaining to Ancillary FSI as listed in the principle DCPR shall be
applicable on the above mentioned FSI. The Built-up Area Calculation shall be in accordance
with Regulation 6.6 of UDCPR.
[Link].1 Premium to be Paid
Additional FSI Over and above the base permissible FSI of respective land use zones as per
principal DCPR may be permitted on the payment of premium.
Rate of premium for the additional F.S.I. as mentioned in Column No.3 above shall be 30% for
FSI to be used for tenements of size equal to or less than 60 sq.m. and 35% for remaining FSI
to be used for residential and / or commercial use, of the rate of the said land mentioned in
Annual Statement of Rates without considering the guidelines therein.
In the area of Planning Authority, 50% of the amount of premium collected should be paid to
the Planning Authority in the area concerned with the Urban Transport Project and remaining
50% to the Project Implementing Authority.
In the area of Regional Plans, 50% of the amount of premium collected should be paid to the
Government through the District offices of Town Planning and Valuation Department and
remaining 50% to the Project Implementing Authority.
(1)
Inserted vide Notification u/s.37(1AA)(C) & 20(4) [Link].158/19, dt.10th October, 2022

266
UDCPR-2020
(1)
Impact Assessment and Integrated Mobility Plan
[Link].2 Such additional FSI over and above the base permissible FSI, shall be granted bythe Authority
from where the Metro Rail is passing through, after taking into account the Impact Assessment
of the implementation ofthese regulations, regarding the impact on the city and sector level
infrastructure and amenities as well as traffic and environment. Such Impact Assessment shall
also contain measures to be undertaken to mitigate its likely impact and the Action Plan for
implementation of such measures in a time bound manner.
There shall be an Integrated Mobility Plan envisaging inter-linkages between different modes
of mass transport, parking management, traffic management and pedestrianisation, non-
motorized transport network, last mile connectivity, traffic calming, inter-connected street
networking etc.
The impact assessment analysis shall be done by Planning Authority within 4 months
containing the remedial measures required regarding upgradation of infrastructure etc. taking
into consideration the impact analysis and provisions of sanctioned Development Plan and
need of such area falling in TOD Zone. Local Area Plans shall be prepared by Planning
Authority with participation of local residents within a period of four (4) months. Such Local
Area Plans shall contain complete street design to achieve optimum densities and also to
ensure complete pedestrianisation.
[Link].3 Entire area of plot may be considered for calculating the potential of plot in respect of
premium FSI + TDR, but not the basic FSI. Basic FSI shall be calculated on area of the plot
remaining with the owner after deducting area under D.P. road / road widening / reservations
and amenity space. This shall be applicable in cases where reservation area or amenity space is
handed over to the authority.
[Link].4 In case of plot / plots falling partly within the TOD zone, the FSI permissible shall be as
follows, provided that the total area of the plot (plot falling within TOD zone plus plot falling
outside TOD zone) shall be as prescribed in the table in regulation no.[Link] :-
(i) Where 50% or more area of such plot / plots falls within TOD zone, these regulations
including FSI shall apply to the total area of such plot / plots.
(#)
(ii) Whereless than 50% area of such plot / plots falls within TOD zone, these regulations
including FSI shall be applicable to the part of plot / plots falling within TOD zone,
whereas for the part of plot / plots falling outside TOD zone, these regulations except
provisions regarding FSI shall be applicable. The FSI permissible for the part falling
outside TOD zone shall be as per Principal DCPR.
Notwithstanding anything contained in any other provisions of these regulations, TDR
shall be allowed to be received on the plots within TOD zone, irrespective of its location in
congested area / non-congested area as per the Development Plan of Pune subject to
condition that it shall be utilised in 1/4th share with premium FSI at every stage of
utilization. Such share shall be calculated on the potential remaining after utilizing the
in-situ FSI towards Development Plan road, reservation, amenity space, if any, on such
land.
However in case of non -availability / shortage of TDR, the Authority, after considering
the local situation, may allow utilisation of entire potential with premium FSI. The
Planning Authority shall compensate for the same to Metro Project Implementing
Authority as per the sharing formula decided by the Government from time to time.
(iii) In case of plot / plots which marginally fall in TOD Zone i.e. less than 10% or 500 sq.m.,
whichever is less, the land owner / developer shall decide to follow this TOD Regulations
or Principal DCPR.
(1)
Inserted vide Notification u/s.37(1AA)(C) & 20(4) [Link].158/19, dt.10th October, 2022
(#) Clarification issued by the Govt. vide Order [Link].54/2023/UD-13, dt.28th August, 2023

267
UDCPR-2020
(1)
[Link] Tenement Size
For any development or redevelopment within TOD zone, size of tenement shall be minimum
25 sq.m. and maximum 120 sq.m. of carpet area and out of total proposed tenements, the
tenements equivalent to at least 50% of total FSI shall be of a size equal to or less than
60 sq.m. carpet area except the projects in which rehabilitation of existing tenements is
undertaken. In case of redevelopment scheme, size of tenement can be relaxed for Rehab
Component subject to other provisions of Principal DCPR. However for free sale component
50% of residual FSI shall be utilise for tenements of size equal to or less than 60 sq.m. carpet
area. These tenements shall not be allowed to be clubbed / amalgamated in any case.
However, this restriction for the residual FSI shall not be necessary in case of single building
redevelopment projects on plots below 1000 sq.m.
In case of building with mixed use, 50% of FSI utilized for residential purpose shall be
considered for calculating requirement of tenements of a size equal to or less than 60 sq.m.
carpet area.
If the holder / owner of the property needs to build this 50% component at some other
location(s) within the same TOD zone / circle, the difference between rate of sale of tenements
as mentioned in Annual Statement of Rates shall be paid by the developer to the Municipal
Corporation as premium.
[Link] Permissible mixed use in TOD zone
Mixed use in the form of residential and commercial may be permissible on the residential plot
in TOD zone fronting on the road width of 12 m., and above and mix use on plot / plots in
commercial plot in TOD zone shall be permissible as per the Principal DCPR and the
maximum permissible FSI under this regulation shall be allowed on the payment of premium.
Purely Mercantile building office building, schools, colleges, hospitals, hotels, assembly
buildings will be permissible on independent plot & Information Technology building will be
permissible on independent plot subject to payment of premium. For I.T. Buildings the rate of
premium for additional FSI up to 200 % shall be as per regulation No.7.8 of Principal DCPR
and for additional FSI over it shall be as required under this regulation.
[Link] Marginal Distances
Marginal Distances Shall be applicable as per provisions in principle DCPR.
[Link] Parking
Parking provisions in the TOD Zone shall be at 50% of those as mentioned in UDCPR.
Note : No on-street parking shall be permissible, unless specifically allowed in the integrated
mobility plan report.
[Link].1 Incentive for providing Public Parking in the area falling within the radius of 200 m.
from the Metro / MRTS Station.
If the owner / developer of the plot falling within the radius of 200 mt. from the Metro Station
is willing to provide Public Parking space over and above the parking spaces required as per
regulation No.[Link] of this regulation, the same shall be allowed without charging premium
for such additional area and in that case the overall premium shall be discounted on 50 % of
such parking area while calculating premium for additional FSI allowed over and above the
base FSI, subject to following conditions :-
a) Such parking area shall be in the built-upform and shall be handed over to Planning
Authority free of cost before granting the Occupation Certificate to the project. The
Planning Authority should enter into an agreement with owner / developer for such parking
space at the time of granting Commencement Certificate to the project. Such Public
Parking area shall be clearly shown on the proposed building plan / layout and a condition
to above effect shall be incorporated in the Commencement Certificate.
(1)
Inserted vide Notification u/s 37 (1AA)(C) & 20(4) [Link] 158/19, dt. 10 th October, 2022

268
UDCPR-2020
(1)
b) The parking area shall have independent access from major road adjacent to the plot and
with proper entry and exits.
c) The parking area to be made available at individual site shall be at minimum 100 [Link]. at
one place either at Ground floor / Stilt floor or first floor.
d) The maximum parking area that can be provided shall be decided by the Authority, as the
case may be, on considering the location of such site and the parking requirement.
e) A board showing the location of such public parking space should he displayed at suitable
places by the Planning Authority.
f) Area covered under such parking shall not be counted towards FSI consumption.
g) Concerned land owner / developer / society / public company shall not be allowed to
operate the public parking.
h) The proposed development shall be further subject to such conditions as may be decided
by the Authority.
[Link] In case of development or redevelopment, proposed by the Authority / individual applicant /
any other Planning Authority, from the edge of the Metro Rail, within 20 mt. distance on its
either side, the concerned Planning Authority before granting such permission for development
/ redevelopment shall seek prior NOC from the concerned Metro Railway Authority as
required under the Metro Railways (Construction of Works) Act, 1978 from the point of view
of safety of the Metro Railway and such other related matters.
[Link] For the matters not provided in this regulation, the relevant provisions of Principal DCPR shall
apply. However, in case of any conflict between this Regulation and any other Regulation/s of
the Principal DCPR, this Regulation shall prevail for the TOD zone.
[Link] No Compound wall / fencing shall be permissible on the boundary of plot facing the road and
50% front marginal distance (subject to minimum of 3.0 mt.) shall be kept accessible to the
pedestrians to be used as foot paths. However, it shall be permissible for the applicant to
construct / erect fencing, on the receded boundary, after leaving the space for pedestrians as
specified above.
[Link] Large wholesale stores having built-up area of more than 500 [Link]., car dealer showrooms,
warehouses / storages, auto service centres, Garages etc. shall not be permissible in TOD zone.
[Link] Provision of Inclusive housing shall not be applicable in TOD zone.
[Link] For Gunthewari development regularized under the provisions of Maharashtra Gunthewari
Development Act, 2001 and falling in TOD zone, seeking permission for development /
redevelopment, these regulations shall apply.
[Link] In case of independent unit / Bungalow for self-use, such Development / Redevelopment may
be allowed within base FSI subject to Principal DCPR.
Notwithstanding anything contained in this regulation, if any development on plot in TOD
zone is proposed within base permissible FSI (without TDR or Premium FSI) as per provisions
of Principal DCPR, all other provisions of Principal DCPR shall be applicable.
[Link] The layout of building / group housing layout or standalone building on a plot / plots situated
in TOD zone / Circle, over whichany development permission granted or any development
proposal for which any action is taken and for which occupancy certificate is not granted, may
be revised and balance potential, as per this regulation, if any, may be allowed subject to
structural stability criteria and provisions in Regulation 1.5 of Principle DCPRand subject to
following -
(1)
Inserted vide Notification u/s 37 (1AA)(C) & 20(4) [Link] 158/19, dt. 10 th October, 2022

269
UDCPR-2020
(1)
a) Parking - For the ongoing buildings, the requirement of parking as per this regulation shall
be applicable for the balance building potential.
b) Tenement size - For the ongoing buildings, the requirement of tenement size as per this
regulation shall be applicable for the balance building potential.
[Link] The Amount received as scrutiny fee, hardship premium, and premium for additional FSI etc.
in TOD zone / circle shall be kept in separate head at Authority level and shall be utilizedfor
development of metro project as per directives issued by Government from time to time.
[Link] These TOD provisions will also be made applicable to other MRTS projects such as BRTS.
The scale of FSI availability will be notified later by the Government for such other projects.(1)
(#)
14.2.2 Pune Metropolitan Region Development Authority area
For this area, the regulations specified in Regulation No.14.2.1 are applicable mutatis –
mutandis.
14.2.3 For Nagpur Municipal Corporation and Nagpur Metropolitan Region
Development Authority
Following Regulations are applicable for Development / Redevelopment of building falling
within Nagpur Metro Rail Corridor (NMRC)
i) Definitions
a) Nagpur Metro Rail Corridor (NMRC) - It is the area falling within 500 m. distance
on either side of the Nagpur Metro Rail measured from its Centre line and also includes
the area falling within 500 m. distance from the longitudinal end of the last Metro
Railway Station. This regulation is also applicable for all the Planning Authorities from
where the Metro Rail is passing through.
b) Base permissible FSI - It is the FSI that is otherwise permissible on any land with
respect to zone shown as per the sanctioned development plan and the relevant
provision of the Principal DCR excluding the TDR and the premium FSI,
redevelopment incentive FSI that can be received.
c) Gross plot area - Gross Plot Area means total area of land after deducting area under
reservation or deemed reservation like amenity space if any, area under D.P. Road and
Road widening.
ii) Maximum Permissible FSI
The maximum permissible total FSI in NMRC shall be 4.00 including the basic permissible
FSI, subject to condition that, the additional FSI over and above the basic permissible FSI
shall be allowed within the overall limit of maximum permissible FSI, as given in the
Table No.14-O below :-
Table No.14-O
Sr. No. Minimum Road Width Plot Area Maximum Permissible FSI
1 9.00 m. Below 1000 sq.m. 2.00
2 9.00 m. 1000 sq.m. or above 3.00
3 12.00 m. 2000 sq.m. or above 3.50
4 15.00 m. 2000 sq.m. or above 4.00

Explanation :-
1) The maximum permissible FSI as per the above Table shall be determined by
satisfaction of both the criterias viz. Minimum Road width as well as plot area,
(#)
Clarification issued Vide Letter [Link].236/18 (Part 1), dt.14th January, 2021
(1)
Inserted vide Notification u/s 37 (1AA)(C) & 20(4) [Link] 158/19, dt. 10 th October, 2022

270

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