OPEN SPACES

ASSIGNMENT 2 : Infrastructure needs, DCR

PARIKSHIT KAMBLE
BA15ARC038
OPEN SPACES :

 15.1 EXTERIOR OPEN SPACES:

The provisions for open space at the front, side and rear of the buildings, depending upon
occupancy, plot size, nature of development shall be prescribed separately for different users
(namely row building, semi-detached & detached), width of fronting the plot, the locality shall
be as given in Appendix - N.
 15.1.1 Buildings shall be set back at least 4.5 from any road wider than 18 m.
 15.1.2 Buildings Abutting Two or More Streets: Where a building abuts two or more streets, the set
backs from the streets shall be such as if building was fronting each such street.
 15.1.3 Increased Open Spaces for Height of Building: The open spaces at sides and rear shall be
increased depending on height of buildings as given below:
 15.1.3.1 For heights of buildings above 10 m. and upto 24 m. in case of residential and 30 m. in case of
any other use in addition to the minimum width of the open spaces required for the height of 10m.
there shall be an increase in the width of the minimum side and rear open space at the rate of 0.3
m. per every 1 m. or fraction thereof for heights above 10m.
 15.1.4 Open Spaces to be provided for the Full Consumption of F.A.R.: Normally the open spaces
to be left at the sides and rear shall conform to the height necessary to consume full F.A.R. permissive
for the occupancy in the zone, provided that smaller open spaces that are required under Regulation No.
15.1 would be permissible if the height of the building is restricted permanently to any smaller height.
The Authority may permit smaller set back and permit additional floor area to the limit of 10 sq.m. over
the permissible F.A.R. to avoid structural difficulties or great hardship, but so as not to affect adversely
the light and ventilation of adjoining buildings or part thereof.
 15.1.5 Open Spaces for Tower like Structures: Notwithstanding the provision of Regulation
No. 15.1.4 tower like structures may be permitted only with 4.5 m. open space at the ground level
and one set back at the upper levels provided that the total height does not exceed 24 m. If it
exceeds 24 m. the minimum open spaces at the ground level shall be 6 m. The deficiency in open
spaces shall be made good at the set backs at. higher levels.
 15.1.6 Open Spaces Separate for Each Building or Wing: The open spaces required under
these Regulations shall be separate or distinct for each building and where a building has two or
more wings, each wing have separate or distinct open spaces according to these Regulations for the
purpose of light and ventilation of the wings. However, in case, if no habitable rooms are deriving
light and ventilation from such open space only half the normal open space may be considered for
such wing.
 15.1.7
 A) Residential Zone:
i) The front side. and rear open spaces for any building upto G +2 storeys and 10m. in height
shall be in accordance with Table - 3 (Regulation No. 13.4.1).
ii) For Group Housing Schemes the open space shall be in accordance with Regulation No.
13.2.4(a).
iii) For Row Housing Schemes the open space shall be in accordance with Regulation No.
13.2.4(b).
 B) Commercial and Service Industries Zone: The front side and rear open spaces for a building
Upto G+2 storeys and/or height up to 10 m. shall be :
i) Front margin shall be 4.50 m.
ii) Side margin shall not be less than 3.50 m. for a height of 10.0 m.
iii) Rear margin shall be 3.50 m. for a height of 10.0 m.
 C) Open Spaces for Special Buildings :
i) Educational Building: A minimum open space of 6 m. shall be left on all sides from
boundaries of the plot subject to increase in open spaces based on height of buildings as per
Regulation No. 15.1.3.
ii) Institutional Buildings (Hospitals, Maternity Home, Health Center): A minimum open space
of 6 m. on all sides shall be provided subject to . the provisions of Regulation No. 15.1.3.
iii) Cinema Theatres/Assembly Halls/Mangal Karyalaya/Petrol Pump with or without Service
Bay:
a) Front Setback - 12 m. from the road or 37 m. from center line of reservation from
National Highway, State Highway and Major District Road whichever is more.
b) Side and Rear Open Space - Side and rear marginal distance to be left open shall be 6
m. However this shall apply only to principle building. .
c) Industrial Buildings - Industrial development shall be in accordance with Appendix - N-
1.2.8 (a) including table and N-1.2.8 (b).
3.4 RECREATIONAL OPEN SPACES:
In any layout or subdivision or any development of land, after deducting D.P. road and
reservation area, amenity space required as per regulation no 3.5 if any,10% of the area of
land under subdivision shall be earmarked as recreational open space which shall as far as
possible be provided in one place. In case of land admeasuring more than 0.8 ha. recreational
open space may be allowed to be left at different locations in the same layout.
3.4.1 Provided that,
i) If the area under subdivision/layout is less than 0.20 hect, the recreational open space may
not be insisted, however 10% area of the land under layout shall not be considered for
computation of FSI. The basic FSI of such subdivided plot shall be restricted to 90%.
ii) No such open space shall be necessary in case of layout or subdivision of plots from
already sanctioned layout by the Planning Authority where the requisite recreational open
space has already been left in the sanctioned layout.
iii) In case of development of land for educational purpose, 40% of the gross area (or as
decided by the Government from time to time) shall be earmarked for playground which
shall be inclusive of 10% recreational open space. Notwithstanding anything contained in
this rule, the shape and location of such open space shall be such that it can be properly
utilized as playground.
iv) Provided further that no such open space shall be necessary for development of the
reservations in the development plans designated for the purpose other than residential.
3.4.2 The owner shall have to give an undertaking that the recreational open space shall be for
the common use of all the residents or occupants of the layout / building unit.
a) The recreational open space shall not be sold to any other person and it shall not be put to
any other user except for the common use of residents / occupants. On sanction of the
development permission, the recreational open space shall deem to have vested in the
society/association of the residents/occupants. In case such society or association is to be
formed, the possession/custody of recreational open space shall remain with the
commissioner until such association/society is formed. In case of group housing scheme, if
the developer/owner intend to develop such open space for bonafide use of resident, then the
Commissioner may allow the same while granting the development permission.
b) If the authority is convinced that there is misuse of open spaces; in such case the
authority shall take over the land of recreational open space.
3.4.3 No permission shall be granted to delete / reduce open spaces of the existing sanctioned
layout / subdivision. However, while revising the layout, such recreational open space may be
rearranged without decrease in area subject to minimum prescribed area under these
Regulations with the consent of plot / tenement holders / co-owners; but such revision of
recreational open space area shall ordinarily not be allowed after a period of 4 years from the
first sanction.
3.4.4 The open spaces shall be exclusive of roads, streets, means of accesses ,internal roads,
designations or reservations in development plan roads and areas for road widening
3.4.5 No such recreational open spaces shall admeasure less than 200 sq. m.
3.4.6 Minimum dimensions -
The minimum dimensions of such recreational open space shall be not less than 10 m. and if
the average width of such recreational open space is less than 20 m. the length thereof shall
not exceed 2 ½ times the average width.
3.4.7 Such recreational open space shall also be necessary for group housing scheme or campus/
cluster planning for any use / zone.
3.4.8 Structure and uses which can be permitted free of FSI in the recreational open spaces shall
be as under:
i) The maximum permissible built up area shall be 15 % of recreational open space, out of
which 10% built up area shall be allowed on ground floor and remaining 5% can be
permitted on 1stfloor.
ii) The structures used for the purpose of pavilion or gymnasia or club house or vipashyana
and yoga center or crèche or kindergarten or library or water tank, health out post if required
by the Planning Authority or other structures for the purpose of sports and recreation activity
may be permitted. Convenience Shopping below pavilion facing on road on payment of
premium at the rate of 10 % of the land rate in ASR with requisite side margin required for
stadium may be allowed.
iii) A swimming pool may also be permitted in such a recreational open space.
iv) The proposal for the construction of such structure shall come as a proposal from the
owner/s, owners‘ society / societies or federation of owners‘ societies and shall be meant for
the beneficial use of the owners / members of such society / societies / federation of
societies. The owners‘ society / societies, the federation of the owners‘ societies shall submit
to the Commissioner, a registered undertaking agreeing to these conditions while obtaining
permission for the above said construction
v) The remaining area of the recreational open space shall be kept open to sky and properly
accessible to all members as a place of recreation, garden or a playground
3.4.9 Every plot meant for a recreational open space shall have an independent means of access,
unless it is approachable directly from every building in the layout.
3.5 AMENITY SPACE

a) Amenities for layouts of larger areas in Residential /Commercial Zone:

In layout or subdivision or any development of land admeasuring 1.00 hect. and more, after
deducting D.P. road and reservation area, if any, 5 %of the area of land under subdivision
shall be earmarked as Amenity space which shall as far as possible be provided in one place.
Provided that in case of conversion from Industrial to Residential under Regulation No.
2.2.3.2, above amenity space need not be required .
Provided further that in the Regional Plan or Zone Plan or any other plan has a provision of
amenity space more than what is stipulated in this regulation, then amenity space as required
under such plan shall prevail.
Uses in Amenity Space provided under regulation no 3.5(a) -
The area earmarked for amenity space shall be developed for uses such as open spaces, parks
recreational grounds, playgrounds, sports complex, gardens, convenience shopping, parking
lots, primary and secondary schools, nursery, health club, sub post-office, police station,
electric substation, ATM of banks, electronic cyber library, open market, garbage bin, water
supply, electricity supply and includes other utilities, services and conveniences. Any other
use not mentioned above may be allowed in consultation with Director of Town Planning.
b)Amenity Space in an industrial zone-
In layout or subdivision or any development of land admeasuring 1.0 hect. and more, after
deducting D.P.road and reservation area, if any,5 %of the area of land under subdivision
shall be earmarked as Amenity space which shall as far as possible be provided in one place.
Provided that, such amenity space shall not be required in case of conversion from Industrial
to Residential under Regulation No. 2.1.4.1
 Uses in Amenity Space provided under regulation no 3.5(b) -
The area earmarked for amenity space shall be developed for uses such as convenience
shopping, parking lots, , sub post-office, police station, electric substation, ATM of banks,
electronic cyber library, open market, garbage bin, water supply, electricity supply and
includes other utilities, services and conveniences, buildings for banks, canteens, welfare
centres, health centres, health club, offices, crèches and other common purposes considered
necessary for industrial users as approved by the Commissioner.
 3.5.1 ) Construction in Amenity Space
The construction of buildable uses in above amenity space at (a) and at (b) shall be
allowed for 1.30 FSI .Additional FSI shall be allowed for building constructed in amenity
space as mentioned in Table 17/Part V Maximum height shall be 24 meter. The side
margins, parking and other stipulations shall be as per the regulations of this DCR.
 3.5.2 )FSI/TDR for Amenity Space
The area designated/reserved for amenity space, as mentioned above shall be deemed to be
designations or reservations in the Development Plan. TDR of such amenity shall be
available after handing over this amenity space free of cost to the Planning Authority
ii) If owner desires then the amenity space can be handed over to the planning authority in
lieu of FSI .The FSI shall be equal to the surrendered area of the amenity space and shall be
allowed to be utilized on the remaining plot. In case of plotted layout, the FSI of the amenity
space surrendered shall be distributed on prorate basis on the plots within the layout, subject
to maximum limit specified in these regulations.
iii) If there is any development plan reservation (excluding DP roads) in land development
proposal, then area of such reservations shall be adjusted against this amenity space and the
owner of the said land shall not be required to part with the area for the amenity space to that
extent. However, such area under reservation shall be handed over to the planning authority at
the time of final approval of the development proposal.
iv) The Commissioner instead of taking over the amenity space, may allow the owner to develop
the amenity space for specific uses on terms and condition as may be decided by him. In such
cases, no in-situ FSI or TDR shall be allowed.
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