'Opening commercial zone for 100% residences will cause chaos' - ToI

TNN | Nov 27, 2012, 04.39 AM IST PANAJI: Deletion of a clause in Goa land development and building construction regulations 2010, as suggested by the Indian institute of architects (IIA), Goa, which restricts the use of commercial space for residential purpose to only 5%, has kicked off a row with a section of professionals alleging it would further burden the inadequate infrastructure. After the regulations were notified in September 2010, the Indian institute of architects (IIA) (Goa) had submitted their suggestions for correction of certain "anomalies and errors" to the town and country planning (TCP) department. Based on IIA's suggestions for correction in the regulations and also from confederation of real estate developers association of India (CREDAI), Goa and other parties, the TCP notified some amendments in August 2011, including deletion of a foot note on the 5% restriction on page 50 of the new regulations. But the matter came to light only recently after information was obtained under RTI that the architects body suggested what they alleged was the deletion of the important clause aimed at curbing misuse. Lack of any regulation on conversion of commercial zone for residential purpose has destroyed the built environment in the state's capital and other towns and suburban areas, leading to sprouting of high rise buildings without adequate infrastructure, especially power and water supply and plans for water and sewage management, sources alleged. "I am surprised and shocked IIA, Goa is acting at the developers behest to increase floor area ratio (FAR) virtually to scuttle the planning process without any studies," Dean D'Cruz, architect and former IIA chairman, said. A few other architects are also baffled that the IIA had recommended some changes, especially scrapping of the 5% clause. "I attended IIA's general body meeting to discuss the building regulations and after it was informed that the (Kamat) government was under pressure from the builders lobby due to the 5% restriction, it was felt that 10% was reasonable and a hike was accepted," Ritu Prasad, an architect said. IIA (Goa) chairman Bryan Soares asserted that all suggestions for corrections were deliberated in the IIA's general body meeting. He explained that the 5% restriction on use of commercial zone for residential purpose was not shown in the draft, but included later in the regulations 2010 without their knowledge. "It is not our recommendation to drop it, we only pointed out that it (the footnote) was not in the draft, and we submitted a whole lot of other corrections," Soares said. Nilesh Salkar, president (CREDAI), Goa alleged that the inclusion of the footnote in the 2010 regulations was not discussed with stakeholders. "It would be difficult to provide affordable housing in Goa with so much restriction," he said. Soares said people are picking holes in building regulations rather than in the planning process. "The fault is in allowing high density in villages. The villagers are upset about high rise buildings in villages," he said. Raya Shankhwalker, an architect, said that housing in commercial zone has advantages, instead of a complete segregation into commercial and residential. Mixed use ensures easy access to all possible facilities within walking distance. "Such an use has always been the hallmark of Indian urban development for a long time," he said. Soares said Panaji would have been also a dead city if a mixed commercial and residential use was not allowed. Agreed Shankwalker, "If Patto had allowed partly residential use, it would not have been a ghost area after 6pm," he said.A few want the quantum of residential use in commercial zone to be determined by market forces and not by regulation. "Obviously commercial spaces will fetch better prices, but if somebody builds residential facilities, it is because of market determination," Shankhwalker said. Nilesh Salkar, president (CREDAI), Goa stressed that if housing is to be more affordable, increasing FAR was inevitable. Land resources have shrunk up and too much commercial area would not have any takers. "For this reason, the cost of accommodation in villages is almost on par with that of apartments in cities," he pointed out. But D'Cruz said a judicious balance of uses with low FAR is desirable. "A 100% residential use in commercial zone, which would become permissible minus the footnote, would be against the basic principles of planning," he said. Architects, as professionals, should not allow opening more areas to high-scaled development. He called for a study to assess whether the cities and towns can take any more burden. Former IIA, Goa chairman Tulio de Souza said the government should be careful about demarcation of commercial zones and they should be marked only in purely commercial areas of cities. "The envelope of a particular city or an area needs to be primarily controlled through the process of planning and assigning correct zones," he said.If not, any amount of regulations cannot help remedy the damage done by wrong inputs while formulating the ODP, he added. Agreed civil engineer Sylvester D'Souza, "The zones are marked commercial like in Taleigao to secure a higher FAR and more profits for builders and this has happened due to a nexus between them, politicians and bureaucrats." Some feel deletion of the footnote will aggravate the burden on infrastructure due to increasing residential densities even in commercial zones. It would also defeat the purpose of zoning areas into commercial and residential. "The whole idea of inserting the clause of 5% restriction was to prevent misuse and abuse of higher commercial FAR for purely residential purposes," Prasad said. Explained Sylvester D'Souza, "The misuse happens step by step. First the zone is made commercial, then FAR available under commercial is used to build residential buildings, which means more floor space for selling." The TCP had prudently included the footnote in the regulations to curb the use of commercial space for residential purpose. "By deleting it, more unaffordable apartments to the common man will be created and bought by outsiders as second homes, adding burden to the infrastructure," D'Souza alleged. Soares denied that the sale of apartments to outsiders now for second homes is ballooning the demand in the construction sector. Citing a few cases of (housing societies) in Taleigao and Dona Paula areas, he said major chunk of the apartments are taken up by locals. "Around 60% occupying these are locals and those working here. Also, residential accommodation is bought by NRI Goans working abroad," he said. Salkar pointed out that the government has raked in revenue to the tune of more than 60 crore per year through infrastructure tax from the construction industry. "In addition, around double the revenue is received in the form of licence fees, stamp duty on registration fees and other aspects," he said. But the government has not developed infrastructure, including parking, sewerage treatment plants and other amenities. The money enters a common pool instead of being kept for developing infrastructure, he added. But D'Souza argued that the development is not benefitting the common man or the locals but an elitist society from other parts of the country. The development of condominium of apartments in Dona Paula is likely to import around 10,000 people to the area and lead to chaos in parking, garbage, sewage and even social problems. "The government has not even set up the required infrastructure before allowing high scale development," he said http://timesofindia.indiatimes.com/city/goa/Opening-commercial-zone-for-100-residences-will-cause-chaos/articleshow/17381462.cms