Chapter 18

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CHAPTER 18 - SUB-DIVISION AND AMALGAMATION OF LAND AND CHANGE OF LAND USE

18-1. Major Sub-division And Minor Sub-Division

18-1.1. Major Sub-division means any sub-division including sub-division of 2.47 or more acres (1 hectare), or any size sub-division requiring any new street or road, or the extension or addition of substantial new public facilities, or any sub-division of plot.

18-1.2. “Minor sub-division” means any sub-division containing less than 2.47 acres (1 hectare) fronting an existing street, not involving any new street or road or the extension of or addition of substantial new public facilities.

18-2. Conditions for Special Development Permits for Major Sub-Division

18-2.1. In addition to conditions prescribed under 3-3.8. in granting a Special Development Permit upon approval of a major sub-division plan, MP&ECD may:

18-2.1.1. impose land use restrictions compatible with an applicable detailed plan, contingency plan, or planning positions;

18-2.1.2. require such restrictions, or others, to be incorporated in leases or sub-leases granted to plot holders;

18-2.1.3. require the applicant to secure the concerned public agencies and lessees of plots against defaults by the applicant in meeting his obligations to make improvements on the site, or any other obligations the applicant may undertake, or the planning agency may impose, to protect the interests of lessees or sub-lessees.

18-2.2. Where the development of the site of a major sub-division is to occur in phases, MP&ECD may grant a Special Development Permit for the first phase, and provisional permits for a later phase or phases which may become effective only upon further review of the development and which shall be subject to such revision as MP&ECD shall deem necessary following such review.

18-2.3. MP&ECD shall limit the validity of a Special Development Permit for a major sub-division to such period as it may deem

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reasonably necessary to complete the development or specified stage of development, and if at the end of such period the development or stage is not completed the Special Development Permit shall lapse unless extended on application.

18-2.4. It shall be unlawful for any person to erase, alter, or modify any development permit issued by the Concerned Authority/MP&ECD including the application thereof or any plans or drawings accompanying the same.

18-2.5. The issue of a development permit shall not absolve the applicant from complying with other statutory provisions.

18-2.6. Any development permit issued shall be void twenty four (24) months after the date of issue or the period fixed unless extended on application.

18-3. Sub-Division and Amalgamation of plots

For the sub-division and amalgamation of plots in the approved schemes and other areas, the criteria laid down below shall be followed.

18-3.1.Sub-Division of Plots:

18-3.1.1. Sub-division of any residential, commercial and industrial plots shall be allowed by the Concerned Authority in case of minor sub-division and with the approval of MP&ECD in case of major sub-division as per the rules set forth in these Regulations.

18-3.1.2. Plots earmarked for flats shall not be considered for sub-division in to smaller plots.

18-3.1.3. Sub-division of residential plots will only be considered to the extent that sub-divided plot shall not be less than 400Sq.yds.(336.13 Sq.m).

18-3.1.4. Sub-division of commercial plots will only be considered to the extent that sub-divided plot shall not be less than 400 sq.yds.(336.13Sq.m). having a minimum frontage of 60ft.(18.27m). The FAR of the original plot, COS and orientation of the original plot shall be allowed.

18-3.1.5. In case of industrial plots a sub-divided plot shall not be less than 1000Sq.yds(840.3Sq.m) or 25% of its original allotted size whichever is greater.

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18-3.1.6. Parking requirement for commercial plots shall be calculated in proportion to the requirement of the original size of plot.

18-3.1.7. No sub-division of a plot shall be considered without each of the sub-divided parts having a direct approach from a planned road / street.

18-3.1.8. Building regulations of the respective category of the plots shall be applicable to the subdivided plots to the extent that the COS will remain the same. However a five feet (1.5m) minimum open space shall be provided on both sides of the sub-dividing lines.

18-3.1.9. For built-up plots a demolition permission will be produced before allowing sub-division.

18-3.1.10. City Area.

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18-3.1.11.    For Katchi Abadis the Concerned Authority, with the approval of MP&ECD, may allow subdivision.

18-3.1.12.    No relaxation of these rules shall be allowed in respect of the sub-divided plots.

18-3.2. Amalgamation of plots:

18-3.2.1.      “Amalgamation of two or more residential plots shall be allowed by the concerned Authority with the concurrence of Master Plan & Environmental Control Department upto a area of amalgamated plot maximum of 1200Sq.yds.(1008Sq.m) provided land grant/allotment conditions of the plots are similar. The above limits do not apply to the plot other than residential.

Seven copies of proposed amalgamation plan shall be submitted with the signature of Town Planner and owner for approval.

18-3.2.2. Rules of the original category of plot shall be applicable on the amalgamated plot. Where there is no similar category of plots, the terms and conditions shall be determined by the Master Plan & Environmental Control Department.

18-4.       Change of Land use:

18-4.1.         Change of land use of amenity: No amenity plot reserved for the specific purpose shall be converted or utilised for any other purpose.

18-4.2.         Change of land use of Residential plots:

18-4.2.1.     No residential plot shall be converted into any other use except with the approval of MP&ECD after the recommendations of the Concerned Authority

18-4.2.2.     The applicant shall apply and pay necessary fee to the concerned authority for change of land use of the plot with full justification, which shall examine the application in the light of the planning of the area and forward it to the MP&ECD for consideration.

18-4.2.3.     The MP&ECD shall also issue a public notice for the change of land use of the plot / plots in accordance with the provisions of these Regulations and the expenses shall be borne by the applicant.

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18-4.2.4.     The MP&ECD, shall give due consideration to the objections from the Public before the final decision.

18-4.2.5.     The applicant shall pay the prescribed fees and other charges to MP&ECD.

18-4.2.6.     Final NOC (No Objection Certificate) shall be issued by the Concerned Authority, after approval of  MP&ECD.

18-4.2.7.     Industrial plot cannot be converted into residential and commercial use except for Petrol Pump and CNG Station with the approval of MP&ECD on payment of charges.

18-4.2.8.     Residential plot within a residential neighbourhood can be allowed to be used for education by the MP&ECD after inviting public objection from immediate neighbourhood in consultation with Transport Department.

18-4.2.9.     Plots designated for use as cinema may be allowed to used upto 25% of the permissible covered area for commercial activity in a (multiplexes) provided the remaining 75% continues to be used exclusively for cinema.

18-5.      Commercialisation of plots:

18-5.1.1.                 Conversion of residential plot into Commercial shall be allowed only according to a uniform commercialisation policy formulated and revised from time to time by Master Plan & Environmental Control Department with approval of Government and notified in Sindh Government Gazette on the basis of comprehensive study of various urban areas under pressure for commercialisation.  Individual plots outside the policy will not be considered for commercialisation.