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The new draft on the development control regulations (DCR) has allowed 40% of the mandatory recreational open spaces to be replicated on podium level. This has raised concerns among activists over the possible loss of the city’s already limited open spaces.
The previous DCR of the development plan (DP) of 1991 mandates the creation of 15-25% recreational open space at the ground level. The new DC regulations, however, state that a minimum of 60% of this open space shall be provided exclusively on the ‘ground/mother earth’. The balance requirement may be provided on the podium or above the basement area extending beyond the building line.
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The regulations specify that the open space cannot be paved and has to be accessible to all the occupants of the plot.
The 1991 DP norms were changed by the state through an an amendment in January 2012, permitting podiums to replicate open spaces
In December 2013, a Supreme Court bench ruled against the amendment and stated that a minimum of ground-level open spaces around a building cannot be reduced and replicated on a podium. The BMC had then stopped clearing proposals for open space on podiums, which had put several luxury projects on hold.
Shirish Sukhatme, former president of Practicing Engineers, Architects and Town Planners Association (PEATA), stated that the creation of podiums would increase the buildable area of the plot. “This provision can change the pencil architecture of the city, as buildings are increasingly becoming higher and the podium will reduce the cost of construction too,” he said.
Activists batting for open spaces have vehemently opposed the provision. Nayana Kathpalia, trustee of NAGAR, a citizens’ group, argued that open spaces are not only required for ventilation, but also for rain water harvesting.
“All open spaces need to be on the ground. If on one hand, the DCR mandates rain water harvesting for certain buildings, why not make open spaces on the ground mandatory?” asked Kathpalia.
Shyama Kulkarni, trustee of AGNI, said builders wishing to construct podiums should do so over and above the 15-25% recreational open space.
“The podiums are a misuse of open space and should not be included in the same category. Open spaces on the ground should be mandatory, since children cannot be expected to play on podiums in the same fashion,” she said.
Developers, however, welcomed the move. Mukesh Patel, director of Neelkanth Developers, stated that increase in the buildable area would indirectly affect the floor space index (FSI).
“It is important to find the right balance between development and open spaces. The increase in the plot area would indirectly affect the FSI, which is needed to accommodate the increasing population,” he said.
Patel said that the increase in plot area would reduce the height of buildings, thereby bringing down construction costs by 8-10%.
The BMC administration too sees the provision having a positive impact on the city.
Civic chief Ajoy Mehta said, “Mumbai doesn’t have many plots, because of which buildings are going higher. The open-to-sky podiums will make more plot area available. This can put an end to odd-shaped open spaces and create contiguous spaces available to people. However, the DCR are still in the draft stage and we are open to suggestions.”
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