Height restrictions imposed on new development in Marine Drive precinct
The salient features of the directives for the promenade are -- ban on new permanent construction to preserve the art deco façade, ban on hoardings in the vicinity and mandatory use of pastel colours when the buildings require facelift
MUMBAI: The state urban development department (UDD) has set up guidelines for future development of the Marine Drive precinct. Apart from the promenade across Arabian Sea, the precinct sweeps across Girgaon Chowpatty on the southern end, the NCPA on the northern end, Churchgate station in the west and the area around Mantralaya in the east. Prominent neighbourhoods dotting this area are Backbay, Madame Cama Road and Shamaldas Gandhi Marg.

The salient features of the directives for the promenade are -- ban on new permanent construction to preserve the art deco façade, ban on hoardings in the vicinity and mandatory use of pastel colours when the buildings require facelift. This is likely to interrupt the creation of the Marine Drive Plaza, which is a part of chief minister Eknath Shinde’s pet beautification project.
This was conveyed to municipal commissioner I S Chahal last month by the department’s deputy secretary Nirmal Chaudhari. The directive stressed that a special permission needs to be sought for redevelopment projects in the Marine Drive precinct, which envelops wards A, C and D. The guidelines were issued following court orders in certain cases, a senior UDD official stated. He said, “In a case filed by Churchgate Nariman Point Citizens Association (CNPCA), the Supreme Court had observed that norms for height of structures be instituted. The rules have been created based on that.”
The notification to Brihanmumbai Municipal Corporation (BMC) states that the FSI in this area should not exceed permissible limits as stipulated in the Development Control and Promotional Regulations 2034 and that if an owner or developer of any building suffers loss of any development rights due to the restrictions, they will be eligible for Transferable Development Rights (TDR) which can be used elsewhere.
The new construction on the promenade -- along Netaji Subhash Chandra Road and the Princess Flyover – should follow the mandatory height limit maintained by the existing art deco structures to remain in sync. The stipulation is vital to maintain the uniformity and aesthetics of the area, the guidelines noted.
Within the precinct, off the sea face, sub-precincts have been marked and any development in this area will be “governed by a fundamental of line of vision to maintain the skyline and ensure that the rear side development does not become obtrusive from the waterfront/ promenade side”, said the government notification.
The department has created three sub-precincts, namely Backbay precinct, Chowpatty precinct and Gymkhana precinct for both seaside and internal development. The rules for the development off the seafront within the precinct are yet to be established and the height of the new buildings can be negotiated, the letter said. Responding to the move, Vilas Nagalkar, architect and a member of PEATA said, “The guidelines put in the public domain reduces the discretionary powers substantially while dealing with permissions.”
In internal developments, stilt and/ or parking floor will not be allowed so that continuity with the existing mass is maintained, although basements will be permitted. In all plots where a line of vision formula leads to an increase in the height of a building, permission must be sought from the Mumbai Heritage Conservation Committee. The basements and the parking floors will be allowed according to the prevailing DCPRs within the stipulated height. Any concession in the required number of parking spaces will be granted by BMC. The new guidelines do not permit amalgamation of plots.
Before a redevelopment project takes off, proper documentation of the existing buildings in terms of plans, sections, elevations, architectural elements, special features, textures, materials and construction technology etc. in drawing and picture format (in hard and soft copies) should be submitted to BMC before the demolition of the existing structure. The notification stressed that the three sub-precincts have varying architectural styles, however, predominantly it’s an art-deco styled precinct.
In order to incentivise the conservation and maintenance of heritage precincts, owners will be allowed to use space for commercial purposes.
Reacting to the development, Atul Kumar, president of CNPCA, said, “It is regrettable that the world heritage site inscription of Marine Drive and the heritage requirements it places on Maharashtra and the central government does not find a specific mention here. Besides, to establish the height of buildings based on ‘line of vision’ is a flawed concept that enables arbitrary and subjective redevelopment. However, release of TDR for buildings with limitations on height is a very welcome move.”

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