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THE PHYSICAL AND LAND USE PLANNING (CLASSIFICATION OF STRATEGIC NATIONAL OR INTER-COUNTY PROJECTS) REGULATIONS
ARRANGEMENT OF REGULATIONS
| 3. |
Application of Regulations
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| 4. |
Criteria for classifying strategic national projects
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| 5. |
Criteria of intercounty projects
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SCHEDULES
| SCHEDULE [r. 6.] — |
CLASSIFICATION OF PROJECTS OF STRATEGIC NATIONAL IMPORTANCE AND INTER-COUNTY PROJECTS
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THE PHYSICAL AND LAND USE PLANNING (CLASSIFICATION OF STRATEGIC NATIONAL OR INTER-COUNTY PROJECTS) REGULATIONS, 2019
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Classification of Strategic National or Inter-County Projects) Regulations, 2019.
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| 2. |
Interpretation
In these Regulations, unless the context otherwise requires—
"inter-county projects" means projects carried out in implementation of approved inter-county physical and land use development plans and projects for the realisation of public purpose objectives of national significance beyond the jurisdiction of individual counties;
"projects of strategic national importance" means projects that are conceived, designed and implemented in furtherance of the Kenya Vision 2030, the Big Four Agenda, Medium Term Plan and other national strategic objectives that arise out of the residual functions of the National Government and include programme activities or initiatives that have implications in terms of the obligatory demands on the State in terms of international conventions and treaties ratified by Kenya, inter-boundary resource use and management, law of the sea, aviation law, United Nations declarations, African Union and the Regional Economic blocks declarations and agreements; and
"public purpose" means the purposes of—
| (a) |
transportation including roads, canals, highways, railways, bridges, wharves and airports;
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| (b) |
public buildings including schools, libraries, hospitals, factories, and public housing that fall under the National Government;
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| (c) |
public utilities for water, sewerage, electricity, gas, communication, irrigation and drainage, dams and reservoir whose implementation and management goes beyond the county governments;
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| (d) |
public parks, playgrounds, gardens and sports facilities that fall under public land held by the National Government;
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| (e) |
national security and defence installations;
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| (f) |
settlement of squatters, the poor and landless, and internally displaced persons whose magnitude exceeds the capacity of county governments; and
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| (g) |
any other similar purpose.
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| 3. |
Application of Regulations
These Regulations shall apply to National Government ministries, departments and agencies including regional development authorities, national security organs, national road development entities, research institutes, state-owned learning institutions, state-owned sporting and cultural facilities, environmental and wildlife management authorities and private sector entities that are implementing projects of national significance under special licence or declarations.
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| 4. |
Types of projects
These Regulations shall apply to the following types of projects—
| (a) |
projects for the implementation of National Government functions specified in Part I of the Fourth Schedule to the Constitution;
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| (b) |
projects for the implementation of functions not assigned to either level of government that are undertaken by the National Government for the social and economic well-being of Kenyans under Article 186 (3) of the Constitution;
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| (c) |
national projects that are conceived, designed and implemented under Kenya Vision 2030;
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| (d) |
projects implemented by the private sector in special economic zones and export processing zones;
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| (e) |
projects undertaken by the National Government in inter-coastal zones, the territorial sea, exclusive economic zones and inland lakes;
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| (f) |
projects undertaken by the National Government under international conventions, declarations or treaties ratified by Kenya;
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| (g) |
projects undertaken on public land that is held by the National Government including on reserved public land, wetlands, riparian areas, public forests, national reserves, mountains and gazetted water towers;
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| (h) |
projects undertaken by regional development authorities;
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| (i) |
inter-county projects implemented by the National Government in collaboration with a county government; and
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| (j) |
any other project as may be determined by the Cabinet Secretary under the Act or any other written law.
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| 5. |
Strategic and Inter-county projects
A project shall be deemed to be a strategic or inter-county project of national importance if—
| (a) |
it is implemented on public land held by the National Government;
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| (b) |
it is funded by the National Government;
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| (c) |
it is for the implementation of a National Government development programme;
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| (d) |
it is for the implementation of a development programme under a special arrangement between the National Government and a county government;
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| (e) |
it is implemented by the private sector and, due to its scale, geographical area, economic and environmental effects, entails partnership with the National Government;
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| (f) |
it is provided for by national legislation;
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| (g) |
it is undertaken in a special planning area under section 52 of the Act; or
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| (h) |
it is specified in the National Physical and Land Use Plan under section 21 of the Act.
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| 6. |
Criteria
For the purposes of these Regulations, the projects of strategic national or inter-county importance shall be determined in accordance with the criteria set out in the Schedule.
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SCHEDULE [Reg. 6.]
PRESCRIBED STRATEGIC NATIONAL OR INTER-COUNTY PROJECTS
| 1. |
Land transport
Projects for the following types of roads—
| (e) |
major urban roads including primary, secondary and arterial roads;
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| (f) |
special roads serving a strategic national facility including roads serving beaches, mineral extraction areas, military camps and other security facilities, learning institutions, conservation areas and special projects roads; and
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| (g) |
any road leading to international borders.
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| 2. |
Railway corridors
Projects for the entire rail transport corridor.
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| 3. |
Airports
Projects for the following types of airports—
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| 4. |
Water transport
Projects for the following types of water transport—
| (a) |
harbors and ports including seaports and inland ports;
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| 5. |
Industrialization
Projects for the following types of industrial areas—
| (a) |
special economic zones, industrial and technology parks; and
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| 6. |
Museums and archeological sites
Projects undertaken at national museums and archeological sites.
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| 7. |
Theatres and cultural exhibition centres
Projects for the development of national theatres and cultural exhibition sites including projects undertaken at the—
| (b) |
Kenya National Theatre; and
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| (c) |
national heritage sites of cultural and historical significance.
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| 8. |
Stadia and sports centres
Projects for the following types of stadia and sports centres—
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| 9. |
Education and training institutions
Projects for the following types of public educational and learning institutions—
| (b) |
tertiary and technical training institutions;
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| (c) |
special education institutions;
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| (d) |
primary and secondary schools; and
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| 10. |
Housing
Projects for the following types of housing on public land held by the National Government—
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| 11. |
Resettlement and relocation
Projects for the management of the following types of persons—
| (b) |
internally displaced people;
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| (c) |
refugees and asylum seekers;
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| (d) |
project affected people; and
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| (e) |
informal settlements dwellers.
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| 12. |
Metropolitan and city development
Projects for the following types of developments—
| (a) |
declared metropolitan areas;
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| (b) |
regional transportation and commercial hubs;
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| 13. |
Land use programmes
Projects for the following types of land use programmes—
| (c) |
land acquisition and purchases; and
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| 14. |
Public forests
Projects for the management of public forests in the following areas—
| (a) |
National Government forests; and
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| 15. |
Ecologically sensitive and fragile areas
Projects in the following ecologically sensitive or fragile areas—
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| 16. |
Wildlife conservation areas
Projects in the following types of wildlife conservation areas—
| (a) |
national parks and reserves;
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| (b) |
wildlife dispersal corridors;
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| (c) |
special protected areas; and
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| 17. |
Geologically unstable areas
Projects in the following types of geologically unstable areas—
| (a) |
areas prone to volcanic activity;
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| (b) |
areas prone to seismic activity; and
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| (c) |
areas prone to landslides.
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| 18. |
Irrigation schemes
Projects for the following types of irrigation schemes—
| (a) |
large scale irrigation schemes of at least three thousand acres;
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| (b) |
medium scale irrigation schemes between one hundred and three thousand acres; and
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| (c) |
small scale irrigation schemes of not more than one hundred acres.
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| 19. |
Strategic installations
Projects involving the following strategic installations—
| (a) |
State Houses and State Lodges;
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| (c) |
installations belonging to national security organs including the Kenya Defence Forces, National Police Service, National Intelligence Service and Kenya Coast Guard Service;
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| (d) |
installations belonging to the Kenya Space Agency;
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| (e) |
foreign embassies, consulates, high commissions and the United Nations facilities;
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| (f) |
border control facilities;
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| (g) |
nuclear energy facilities;
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| (h) |
national broadcasting and telecommunications sites;
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| (i) |
oil depots and the strategic oil reserve;
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| (j) |
the National Youth Service;
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| (k) |
the Strategic Grain Reserve;
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| (l) |
National Cereals and Produce Board depots;
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| (m) |
Kenya Medical Supplies Agency depots;
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| (n) |
Kenya Wildlife Service facilities; and
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| (o) |
Kenya Forest Service facilities.
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| 20. |
Blue economy
Projects in the blue economy and developments within coastal areas including—
| (a) |
harvesting and trade of marine living resources including fisheries and aquaculture projects;
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| (b) |
extraction and use of marine non-living resources;
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| (c) |
use of renewable non-exhaustible natural energy; and
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| (d) |
commerce and trade in and around the oceans including maritime transport, coastal development, tourism and recreation projects.
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| 21. |
Energy
Projects for the following types of energy—
| (a) |
the entire electricity national grid;
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| (b) |
energy generation stations;
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| (c) |
electricity transmission infrastructure (all transmission lines and substations);
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| (d) |
electricity distribution infrastructure (all distribution and service lines and substations);
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| (e) |
national and regional control centers;
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| (g) |
electronic waste disposal facilities; and
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| (h) |
nuclear waste disposal facilities.
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| 22. |
Telecommunications
Projects for the following types of telecommunications facilities—
| (a) |
base transmission stations;
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| (b) |
telecommunication substations;
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| (c) |
telecommunication masts; and
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| (d) |
fibre optic cables and fibre optic cables landing sites.
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| 23. |
Mining, quarrying and sand harvesting
Projects for the mining of coal, gold, iron and rare minerals, and sand harvesting including the harvesting of beach sand.
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| 24. |
Oil and gas
Projects for the following developments in the oil and gas sector—
| (a) |
oil and gas pipelines into and out of Kenya;
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| (b) |
underground oil and gas storage facilities; and
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| (c) |
liquefied petroleum and natural gas reception buildings and facilities.
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| 25. |
Public utility areas
Projects for the following types of national or inter-county public utilities—
| (b) |
sewerage treatment works;
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| (c) |
solid waste management sites;
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| (d) |
plastic waste disposal sites; and
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| (e) |
bio-medical waste disposal sites.
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| 26. |
National referral hospitals
Projects for the development of national referral hospitals.
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| 27. |
Public purpose areas
Projects for the development of the following types of public purpose areas—
| (a) |
correctional facilities including prisons, borstal institutions, remand homes, reform schools and young offenders institutions;
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| (b) |
public parks and open spaces;
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| (d) |
court and tribunal buildings;
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| (e) |
disaster management centres; and
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THE PHYSICAL AND LAND USE PLANNING (CLASSIFICATION OF STRATEGIC NATIONAL OR INTER-COUNTY PROJECTS) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Classification of Strategic National or Inter-County Projects) Regulations.
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| 2. |
Interpretation
In these Regulations, unless the context otherwise requires—
"inter-county projects" means projects carried out for the realisation of development objectives for the area covering at least two counties or parts of at least two counties;
“strategic national projects” means projects identified as strategic national projects by the national and county governments under the Act, the Intergovernmental Relations Act (Cap. 265F) or any other written law.
[LN. 27/2020, r. 2.]
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| 3. |
Application of Regulations
| (1) |
These Regulations shall apply to the national and county governments and the respective ministries, departments and agencies of the national and county governments.
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| (2) |
Notwithstanding the generality of paragraph (1), these Regulations shall apply to—
| (a) |
strategic national projects; and
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| 4. |
Criteria for classifying strategic national projects
Projects shall be classified as strategic national projects if the projects meet the following criteria—
| (a) |
strategic projects for the implementation of National Government functions specified in Part I of the Fourth Schedule to the Constitution;
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| (b) |
projects identified as strategic national projects by the national and county governments under the Act, the Intergovernmental Relations Act (Cap. 265F), or any other written law;
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| (c) |
deleted by LN. 27/2020, r. 4;
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| (d) |
projects implemented by the private sector in special economic zones and export processing zones;
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| (e) |
projects undertaken by the National Government in inter-coastal zones, the territorial sea, exclusive economic zones and inland lakes;
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| (f) |
projects undertaken by the National Government under international conventions, declarations or treaties ratified by Kenya;
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| (g) |
strategic national projects undertaken on public land that is held by the National Government including on reserved public land, wetlands, riparian areas, public forests, national reserves, mountains and gazetted water towers;
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| (h) |
any other project of strategic national importance as may be determined by the Cabinet Secretary under the Act or any other written law in consultation by county governments;
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| (i) |
deleted by LN. 27/2020, r. 4;
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| (j) |
deleted by LN. 27/2020, r. 4.
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| 5. |
Criteria of intercounty projects
Projects shall be classified as inter-county projects if they meet the following criteria—
| (a) |
projects for the implementation of county government functions specified in Part II of the Fourth Schedule to the Constitution for an area covering at least two counties or parts of at least two counties;
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| (b) |
projects relating to national government functions that have been transferred to county governments under Article 187 of the Constitution for an area covering at least two counties or parts of at least two counties;
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| (c) |
projects covering at least two counties undertaken by the respective county government for the purposes of obligations under international conventions, declarations or treaties ratified by Kenya;
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| (d) |
projects identified through an Inter-county Physical and Land Use Development Plan under the Act;
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| (e) |
strategic national projects undertaken on public land held by the county government or on community land; and
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| (f) |
projects promoted by county governments in special economic zones and export processing zones in consultation with the national government.
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| 6. |
Criteria
For the purposes of these Regulations, projects of strategic national importance and inter-county projects shall be classified in accordance with the Schedule hereto.
[LN. 27/2020, r. 6.]
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SCHEDULE [r. 6.]
CLASSIFICATION OF PROJECTS OF STRATEGIC NATIONAL IMPORTANCE AND INTER-COUNTY PROJECTS
[LN. 27/2020, r. 7]
A. STRATEGIC NATIONAL PROJECTS
| 1. |
Road transport
Projects for the following types of roads:
| (a) |
National trunk roads that include Class S, A, B and C roads
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| (b) |
Roads serving strategic national facilities including roads serving beaches, mineral extraction areas, military camps and other security facilities, learning institutions, conservation areas and special projects roads
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| (c) |
Special interchanges, bridges and tunnels
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| 2. |
Railway transport
Projects for the entire rail transport.
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| 3. |
Airports
Projects for airports including international airports and national airports.
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| 4. |
Water transport
Projects for the following types of water transport:
| (d) |
International harbours and ports including seaports and inland ports
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| 5. |
Energy
Projects for the following types of energy:
| (a) |
The national electricity grid
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| (b) |
Energy generation stations
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| (c) |
Electricity transmission infrastructure including transmission lines and substations
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| (d) |
Electricity distribution infrastructure including distribution lines, service lines and substations
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| (e) |
National and regional control centres
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| 6. |
Oil and gas
Projects for the following developments in the oil and gas sector:
| (a) |
Oilfields and exploration-related works
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| (b) |
Oil and gas pipelines into and out of Kenya and associated storage facilities
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| 7. |
Hazardous waste
Projects relating to the management of hazardous waste:
| (a) |
Electronic waste disposal facilities
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| (b) |
Nuclear waste disposal facilities
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| 8. |
Industrialisation
Projects for the following types of industrial areas:
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| 9. |
Mining
Projects for the mining of:
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| 10. |
Historical sites and monuments
Ancient and gazetted historical sites and monuments of national importance.
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| 11. |
Theatres and cultural exhibition centres
Projects for the development of national theatres and cultural exhibition sites including projects undertaken at the Bomas of Kenya and Kenya National Theatre.
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| 12. |
Stadia and sports centres
Projects for the following types of stadia and sports centres:
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| 13. |
Geologically unstable areas
Projects in the following geologically unstable areas:
| (a) |
Areas prone to volcanic activity
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| (b) |
Areas prone to seismic activity
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| (c) |
Areas prone to landslides
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| 14. |
Education and research institutions
Projects for public educational and research institutions including public universities and research institutions.
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| 15. |
Housing
Projects for the following types of housing:
| (a) |
Affordable housing projects
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| (b) |
National slum redevelopment projects
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| (c) |
National government housing including institutional housing, government pool housing, civil or state officers housing, and disciplined forces housing
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| (d) |
Emergency housing projects initiated by the national government
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| 16. |
Resettlement and relocation
Resettlement and relocation projects for the following types of persons on land held by the national government:
| (a) |
Landless persons settled by the national government
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| (b) |
Internally displaced persons
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| (c) |
Refugees and asylum seekers
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| (d) |
Persons displaced by strategic national projects
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| (e) |
Persons living in informal settlements
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| 17. |
Persons living in informal settlements
Projects for the following types of land programmes:
| (a) |
Land banking for strategic national projects
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| (b) |
Land reservation for conservation purposes
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| (c) |
Land acquisition and purchases
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| 18. |
Public forests
Projects for the management of public forests including the management of national government forests and gazetted water towers.
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| 19. |
Ecologically sensitive and fragile areas
Projects in the following ecologically sensitive and fragile areas:
| (c) |
Riparian lands along major rivers, lakes and oceans
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| 20. |
Wildlife conservation areas
Projects in the following types of wildlife conservation areas:
| (c) |
Wildlife dispersal corridors
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| (e) |
Wildlife sanctuaries for endangered species
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| 21. |
Irrigation schemes
Large scale irrigation schemes of at least three thousand acres.
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| 22. |
Strategic installations
Projects in the following strategic installations and safeguarding areas around the installations:
| (d) |
Security installations including installations belonging to the Kenya Defence Forces, National Police Service, National Intelligence Service, Kenya Coast Guard Service, National Youth Service and Kenya Prisons Service
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| (e) |
Installations belonging to the Kenya Space Agency
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| (f) |
Foreign embassies, consulates, high commissions and the United Nations
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| (g) |
Border control installations
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| (h) |
National broadcasting and telecommunications installations
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| (i) |
Strategic Grain Reserve depots
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| (j) |
National Cereals and Produce Board depots
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| (k) |
Kenya Wildlife Service installations
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| (l) |
Kenya Forest Service installations
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| 23. |
Blue economy
Projects in the blue economy and within coastal areas and inland lakes including:
| (a) |
Harvesting and trade of marine resources including fisheries and aquaculture projects
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| (b) |
Extraction and use of non-living marine resources
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| (c) |
Use of renewable non-exhaustible natural energy
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| (d) |
Commerce and trade n and around the oceans including maritime transport, inter-coastal development, tourism and recreation projects
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| 24. |
Telecommunications
Projects for the following types of telecommunications facilities:
| (a) |
Base transmission stations
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| (b) |
Telecommunications substations
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| (e) |
Fibre optic cables landing sites
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| 25. |
National referral hospitals
Projects for the development of national referral hospitals.
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| 26. |
Public purpose areas
Projects for the development of the following types of public purpose areas:
| (a) |
Disaster management centres
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| 27. |
Special cities
Projects for the development of special cities
B. INTER-COUNTY PROJECTS
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| 1. |
Oil and gas
Projects for the development of liquefied petroleum and natural gas reception buildings and facilities
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| 2. |
Waste management
Projects for the following types of waste management developments:
| (a) |
Biomedical waste facilities
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| (b) |
Asbestos disposal facilities
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| 3. |
Mining
Projects for sand harvesting including the harvesting beach sand
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| 4. |
Cities
Projects for the following kinds of developments:
| (b) |
Regional transportation and commercial hubs
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| 5. |
Land programmes
Projects for the following types of land programmes:
| (a) |
Land banking for inter-county projects
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| (b) |
Land reservation for conservation purposes
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| (c) |
Land acquisition and purchases by counties for intercounty projects
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| 6. |
Wildlife conservation areas
Projects for the following kinds of wildlife conservation areas:
| (c) |
Wildlife dispersal corridors
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| 7. |
Irrigation schemes
Projects for the following types of irrigation schemes:
| (a) |
Medium-scale irrigation schemes between 100 acres and 3,000 acres
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| (b) |
Small scale irrigation schemes not exceeding 100 acres
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| 8. |
Blue economy
Projects in the blue economy and within rivers including:
| (a) |
Harvesting and trade in marine living resources including fisheries and aquaculture projects
|
| (b) |
Extraction and use of non-living marine resources
|
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| 9. |
Housing
Projects for the following types of housing:
| (a) |
Affordable housing projects
|
| (b) |
County slum redevelopment projects
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| (c) |
County government housing including institutional housing, government pool housing, and civil or state officers housing.
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THE PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL ENFORCEMENT) REGULATIONS
ARRANGEMENT OF REGULATIONS
| 3. |
Object of the Regulations
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PART II – ADMINISTRATION
| 5. |
Functions of members of enforcement teams.
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| 6. |
Mandate of Technical Committees
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PART III – COMPLAINTS
| 8. |
Verification of complaints
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PART IV – ENFORCEMENT
| 10. |
Mode of service of enforcement notice
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| 12. |
General principles of enforcement
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| 13. |
Execution of enforcement notice
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| 14. |
Identification of Enforcement Team
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| 15. |
Execution of Enforcement Notice for demolition and alteration of buildings
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| 16. |
Determination of Restoration costs
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SCHEDULES
| FIRST SCHEDULE [r. 9(1)] — |
ENFORCEMENT NOTICE
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THE PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL ENFORCEMENT) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Development Control Enforcement) Regulations, 2021.
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| 2. |
Interpretation
In these Regulations, unless the content otherwise requires—
"building inspector" means a person with professional expertise in architecture, civil engineering, structural engineering, quantity surveying, mechanical engineering or electrical engineering charged with inspection of buildings or works;
"development permission" means approval granted by a planning authority for development, with or without conditions, after submission of a development application;
"enforcement" means action carried out by a planning authority with respect to any development that contravenes development permission or takes place without development permission or breaches the development specifications of the drawings and plans;
"electronic address’' means an email address or any other prescribed form of electronic address suitable for effecting service;
"enforcement notice" means a notice served by a planning authority on a developer under the provisions of section 72 of the Act communicating the intention of the planning authority to correct a breach or act on development that has been undertaken without planning permission or in contravention of planning permission granted;
"enforcement officer" means an officer mandated by the planning authority to take action on any development that contravenes development permission or takes place without development permission or breaches the development specifications of the drawings and plans;
"non-compliant development" means development that is undertaken without development permission or that fails to meet any of the conditions granted under the Act;
"use" means the purpose or activities carried in, alongside or on land, buildings or structures without interfering with the physical characteristics of the land;
"user" means the designation given to a registered parcel of land with development conditions for continued use or enjoyment of a right;
"subdivision"—
| (a) |
in relation to land, means the division of any land other than buildings held under single ownership, into two or more parts whether the subdivision is for conveyance, transfer or partition or for the purpose of sale, gift, lease or any other purpose; and
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| (b) |
in relation to buildings, means the division of a unit as defined in the Sectional Properties Act, 2020; and
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"technical committee" means a working team established under the Physical and Land Use Planning (Development Control Enforcement) Regulations, 2021.
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| 3. |
Object of the Regulations
The object of these Regulations is to provide for procedures, standards, guidelines and prescribed Forms for carrying out enforcement under the Act.
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PART II – ADMINISTRATION
| 4. |
Enforcement teams
An Enforcement Team shall be composed of—
| (a) |
the County Director Physical and Land Use Planning;
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| (b) |
the County or Municipal Physical Planners;
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| (d) |
County Enforcement Officers.
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| 5. |
Functions of members of enforcement teams.
| (1) |
Building Inspectors shall have the authority to—
| (a) |
inspect buildings and works for compliance;
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| (b) |
issue a stay order to a developer in case of non-compliant buildings or works; and
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| (c) |
report to the County Director any non-compliance of buildings or works.
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| (2) |
The County Director shall have the authority to—
| (a) |
issue and enforce enforcement notices on behalf of the County Executive Committee Member;
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| (b) |
take action on the report from the Building Inspector on non-compliant buildings and works;
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| (c) |
refer the report to the Technical Committee for further investigation if need be;
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| (d) |
determine compliance of other aspects of development other than buildings and works; and
|
| (e) |
issue enforcement compliance certificates.
|
|
| (3) |
County or Municipal planners shall have the power to—
| (a) |
inspect other aspects of development other than buildings and works for compliance to development permission;
|
| (b) |
issue a stay order to the developer;
|
| (c) |
report to the County Director.
|
|
| (4) |
An enforcement officer shall have the power to—
| (a) |
issue an enforcement notice;
|
| (b) |
execute the enforcement notice upon expiry of the period specified in the notice; and
|
| (c) |
report to County Director on the status of the enforcement of the enforcement notice.
|
|
|
| 6. |
Mandate of Technical Committees
In case a matter reported from preliminary investigation requires further investigation, the County Director shall, within fourteen days, convene a meeting of the Technical Committee to—
| (b) |
prepare a report on the status of development and any corrective measures to be undertaken; and
|
| (c) |
submit the status report to the County Executive Committee Member for action.
|
|
PART III – COMPLAINTS
| 7. |
Lodging of complaints
| (1) |
Lodging of complaints about non-compliant developments may be made to the County Director by—
| (a) |
individual members of the public;
|
| (c) |
private or public institutions; or
|
| (d) |
any other affected persons.
|
|
| (2) |
A complaint under subregulation (1) may be lodged through any of the following means—
| (c) |
transcription of verbally lodged complaints;
|
|
| (3) |
A complainant under this regulation shall provide proof of non-compliance.
|
| (4) |
The complainant shall not be under an obligation to disclose his or her identity and, where a complainant discloses his or her identity, the County Director shall protect the identity of the complainant.
|
|
| 8. |
Verification of complaints
The County Executive Committee member shall verify the validity of the complaint and, if it may deem necessary, issue a Stay Order in Form PLUPA-DC-19 as set out in the Second Schedule.
|
PART IV – ENFORCEMENT
| 9. |
Enforcement notice
| (1) |
Where a person fails to comply with any of the conditions specified in a stay order issued under these Regulations, the County Executive Committee Member shall, on the expiry of the stay order issue an enforcement notice in Form PLUPA-DC-20 as set out in the Second Schedule specifying the actions to be taken by that person in order to comply with the provisions of the Act or these Regulations.
|
| (2) |
Where the matter is referred for further investigation by the Technical Committee, the Committee may advice the County Executive Committee Member to—
| (a) |
lift the stay order issued under regulation 8;
|
| (b) |
cause the revocation of the development permission;
|
| (c) |
cause the modification or alteration of the conditions imposed on development permission;
|
| (d) |
cause the development to be discontinued;
|
| (e) |
cause the building to be altered or demolished; or
|
| (f) |
cause the land to be restored to its original or near-original condition.
|
|
| (3) |
The County Director shall, within seven days of approval by the County Executive Committee Member after the decision of the Technical Committee, issue an enforcement notice or lift the stay order.
|
|
| 10. |
Mode of service of enforcement notice
| (1) |
An enforcement notice may be served—
| (a) |
by post to any postal address inside or outside Kenya entered in the land register as an address for service or as provided in the application for development permission;
|
| (b) |
by electronic transmission to the electronic address entered in the land register or in the application for development permission as an address for service;
|
| (c) |
by hand delivery to the registered owner or the applicant through the national or county government administration officers within the area of jurisdiction; or
|
| (d) |
by notice in the Gazette and in one newspaper with nationwide circulation where appropriate at least three months before the enforcement in case of demolition.
|
|
| (2) |
For unregistered property or where application for development permission has not been made, the notice may be served to any address where the County Director believes the owner, occupier, agent or the developer is likely to receive it or in a newspaper of nationwide circulation.
|
| (3) |
In all cases, a copy of the notice shall be visibly displayed on the property.
|
| (4) |
The service of a notice under subregulation (1) shall be regarded as having taken place if—
| (a) |
for service under subregulation (1) (a), the notice is served within seven working days in case of address within Kenya and fourteen working days in case of address outside Kenya after being posted;
|
| (b) |
for service under subregulation (1) (b), the notice is served within two working days after being transmitted; or
|
| (c) |
for service under paragraph 1(c), the notice is served within the same day that it was posted.
|
|
|
| 11. |
Feedback mechanism
| (1) |
The County Director may send reminders to the persons in breach during the life of the enforcement notice to notify them that the breach and the enforcement notice are still in force.
|
| (2) |
Where a person served with the notice complies with stipulated conditions, the County Director shall issue an enforcement compliance in Form PLUPA-DC-21 as set out in the Second Schedule.
|
|
| 12. |
General principles of enforcement
In administering the enforcement notice, the County Director shall be guided by—
| (a) |
Article 47 of the Constitution;
|
| (b) |
the achievement of the intended goals of development control enforcement;
|
| (c) |
the requirement that the development control enforcement shall be commensurate to the breach; and
|
| (d) |
the principle of uniformity and equity in the application of the enforcement action.
|
|
| 13. |
Execution of enforcement notice
Upon expiry of the enforcement notice and where the person on whom an enforcement has been served has not appealed to the liaison committee, the Enforcement Team shall within seven days enter the premises or property and execute the conditions in the notice.
|
| 14. |
Identification of Enforcement Team
Any person participating in executing an enforcement shall identify himself or herself by the production of—
| (a) |
his or her original national identification card;
|
| (b) |
his or her official or staff identification card;
|
| (c) |
a letter of authorization from the County Director; and
|
| (d) |
a certified copy of enforcement notice issued under regulation 9.
|
|
| 15. |
Execution of Enforcement Notice for demolition and alteration of buildings
| (1) |
Where enforcement requires the Enforcement Team to demolish buildings or works, the demolition shall be carried out between 6.00 a.m. and 6.00 p.m.
|
| (2) |
The enforcement officer taking part in enforcement action shall take an inventory of any possessions on the premise or property in Form PLUPA -DC-22 as set out in the Second Schedule.
|
| (3) |
The inventory shall be served to the owner or occupiers.
|
| (4) |
The owner or occupiers of the premise shall be responsible for securing the possessions on the premises when an enforcement action is initiated.
|
|
| 16. |
Determination of Restoration costs
For the purpose of determining the costs for restoration of land to its original state or near to its original state after enforcement under section 57(4) of the Act, the County Director shall—
| (a) |
be guided by the general principles of enforcement outlined in regulation 12;
|
| (b) |
develop a costing roll for restoration based on—
| (i) |
the technology required for the restoration; |
| (iv) |
unit cost for restoration per square meter; and |
| (v) |
transportation cost of materials from the site. |
|
|
| 17. |
Appeals
Any person who is aggrieved by a decision of the County Director may appeal against such decision in accordance with section 72 (3) and (4) of the Act.
|
| 18. |
Register
| (1) |
The County Director shall keep a register in Form PLUPA-DC-23 as set out in the Second Schedule containing the information in respect of every enforcement notice issued.
|
| (2) |
Every entry in the register shall be made within seven days of the happening of the event in respect of which an entry is required to be made.
|
| (3) |
The register of enforcement notices shall be kept at the office of the County Director in paper form or electronic form.
|
|
FIRST SCHEDULE [r. 9(1)]
|
S/No.
|
Nature of Non-Compliant Development
|
Notice period
|
|
1.
|
Commencing the development of a Commercial/Residential/ Industrial Institutional building without the approval of building plans
|
30 days
|
|
2.
|
Commencing the development of Commercial/Residential/ industrial/institutional building without submission of structural drawings to the county government for approval;
|
21 days
|
|
3.
|
Commencing the development of Commercial/ Residential/ Industrial/Institutional building without erecting notice of the development on the site
|
5 days
|
|
4.
|
Commencing the development of a perimeter wall without the approval of building plans by the county government;
|
30 days
|
|
5.
|
Extending development of Commercial/ Residential/Industrial/ Institutional development beyond approved level without development permission/ commencement notice;
|
30 days
|
|
6.
|
Development of Commercial/ Residential/Industrial/ Institutional buildings using outdated development permission;
|
30 days
|
|
7.
|
Development of Commercial/ Residential/Industrial/ Institutional premises without adhering to standard building lines;
|
90 days
|
|
8.
|
Occupying/ allowing the occupation of Commercial/ Residential/Industrial/ Institutional buildings without acquiring Certificate of Compliance and consequent Certificate of Occupation from the County Government;
|
14 days
|
|
9.
|
Developing/occupying/ allowing the occupation of substandard Commercial/Residential/Industrial/Institutional buildings that pose danger to the occupants and general public;
|
90 days
|
|
10.
|
Subdividing/Re-parceling/amalgamating land without development permission,
|
21 days
|
|
11.
|
Changing the Use/Extending the Use of the land without development permissions;
|
21 days
|
|
12.
|
Allowing effluent from the building to flow in the open posing danger to the public;
|
7 days
|
|
13.
|
Dumping waste on undesignated waste disposal site;
|
2 days
|
|
14.
|
Excavating soil/murram/sand without development permission;
|
7 days
|
|
15.
|
Digging channels across/ along the road without development permission;
|
7 days
|
|
16.
|
Leaving dug channels across/along roads uncovered or not cordoned posing danger to the public
|
Cordoning – 1 dayCovering dug channels – 7 days
|
|
17.
|
Encroaching on a public road of access/ railway reserves/ way leaves and easements/public space
|
Temporary – 7 days Permanent – 30 days
|
|
18.
|
Displaying advertisement without development permission
|
21 days
|
|
19.
|
Generating excessive noise causing nuisance to the public
|
Immediate
|
SECOND SCHEDULE
COUNTY GOVERNMENT OF ……………………………………………………
[Physical and Land Use Planning Act Sec. 72(1)]
Serial No…………………………………….
To (Owner, Developer, Agent, Occupier)
Name………………………………….
Postal address………………………………….
Email Address………………………….
Physical address…………………………..
Description of the Land Parcel No………………………………
Coordinates…………………………..
General description of land (for un-surveyed land)…………………..
County/City/Municipality/Town/Ward……………………………………..
Name of road/street………………………..
Enforcement Notice No………………………………….
Enforcement Report
The under signed Enforcement Officer in the presence of the owner/Developer/Agent/
Occupier exercising their powers under section 72 of PLUPA , 2019 identified the following non-compliant development at………………….. hrs (time) on………….. date………… while inspecting the land/premises
Developer/Agent/Occupier
Type of Development………………………………………….
Your attention is therefore drawn to the following provisions and requirements of PLUPA , 2019
Information/document required*
| (i) |
Approved Architectural drawings |
| (ii) |
Approved Structural drawings |
| (iii) |
Commencement Notice |
| (v) |
Approved subdivision/Amalgamation/Re-parcellation/partitioning scheme plan |
| (vi) |
Consent to subdivide |
| (vii) |
Planning brief for subdivision/Change of User/Extension of User/ Extension of Lease/Renewal of Lease prepared by a registered and practising Physical Planner |
| (viii) |
Application to National Land Commission for Renewal of Lease |
| (ix) |
PLUPA Form……… (Approval/deferment/rejection of development) |
| (x) |
PLUPA Form………….. (Certificate of compliance) |
| (xi) |
Certificate of Occupation in case of Buildings |
*Tick as appropriate
You are hereby required to immediately stay the development and submit the required information/documents to the County Director of Physical and Land Use Planning within fourteen working days from the date of this notice failure to which an Enforcement Notice shall be served on you in accordance to Section 72(1) of PLUPA 2019.
Signed…………………………………….. date……………………………………………
Owner/Developer/Agent/Occupier
Signed…………………………………….. date……………………………………………
Enforcement Officer
Copy: County Executive Committee Member in charge of Physical and Land Use Planning County Director of Physical and Land Use Planning
|
FORM PLUPA-DC-20
|
r.(9(1))
|
COUNTY GOVERNMENT OF ……………………………………………………
[Physical and Land Use Planning Act Sec. 72(1)]
Ref No………………..
To (Owner, Developer, Agent, Occupier)
Name………………………………….
Postal address………………………………….
Email Address………………………….
Physical address…………………………..
| 1. |
Take notice that you have undertaken the development of land described here under without the grant of development permission and/or the following conditions required on that behalf under Part IV of the Physical and Land use Planning Act.
|
| 2. |
Description of the Land Parcel No……………….
Coordinates…………………………………
Correspondence file No. (If known)…………………………….
General description of land (for un-surveyed land)………………………
County/City/Municipality/Town/Ward…………………………
Name of road/street ……………………………….
|
| 3. |
Nature of Development………………………………………
|
| 4. |
Development conditions contravened ………………………………..
(See Details overleaf)
|
| 5. |
By this notice you are required to*
| (a) |
Immediately stop any further activities on the land
|
| (b) |
Alter/modify the buildings or works as per attached diagram
|
| (c) |
Demolish the buildings or works
|
| (d) |
Surrender Form PLUPA………….. Serial no/Ref. no………….. (the approval of development permission) issued for variation of development permission conditions.
|
| (e) |
Restore the land to its original or near condition as before within 90 days.
|
| (f) |
Any other measure (describe)…………………………
|
*Tick whichever is applicable
|
| 6. |
This notice shall take effect on the……………. day of………………, 20…………….
|
| 7. |
If you are aggrieved by this notice, you may appeal to the County Physical and Land Use Planning Liaison Committee within fourteen days of this notice in which case the operation of this notice shall be suspended pending the final determination or withdrawal of the appeal
|
| 8. |
Any person who uses or causes or permits to be used the land to which this notice relates or carries out or causes or permits to be carried out operations on the said land in contravention to this notice shall be guilty of an offence provided by section 72(5) of the Act
TAKE NOTICE that at the expiry……………… from the date of this notice, failure to comply, the County Government may enter on the said land and execute the requirements as outlined above and may recover as a civil debt in Environment and Land Court any related expenses incurred
Official use:
Name and signature of Authorised Officer………………………
Official stamp
Dated this………….. day of………………………, 20…………………….
CC
Deputy County commissioner………………… Sub County
OCPD………………………………………… Division
Sub-County Enforcement Officer……………………… Sub-County
|
| 1. |
Commencing the development of a Commercial/Residential/Industrial/Institutional building without the approval of building plans by the county government.
|
| 2. |
Commencing the development of Commercial/Residential/Industrial/Institutional building without submission of structural drawings to the county government for approval.
|
| 3. |
Commencing the development of Commercial/Residential/Industrial/Institutional building without erecting notice of the development on the site.
|
| 4. |
Commencing the development of a perimeter wall without the approval of building plans by the county government.
|
| 5. |
Extending development of Commercial/Residential/industrial/institutional development up to…… level without development permission/commencement notice.
|
| 6. |
Development of Commercial/Residential/Industrial/Institutional buildings using outdated development permission.
|
| 7. |
Development of Commercial/Residential/Industrial/Institutional premises without adhering to standard building lines.
|
| 8. |
Occupying/ allowing the occupation of Commercial/Residential/Industrial/Institutional building without acquiring Certificate of Compliance and consequent Certificate of Occupation from the County Government.
|
| 9. |
Developing/occupying/ allowing the occupation of substandard Commercial/Residential/Industrial/ Institutional buildings that pose danger to the occupants and general public.
|
| 10. |
Subdividing/Re-parceling/Amalgamating land without development permission.
|
| 11. |
Changing the Use/Extending the Use of the land without development permission.
|
| 12. |
Allowing effluent from the building to flow in the open posing danger to the public.
|
| 13. |
Dumping waste on undesignated waste disposal site.
|
| 14. |
Excavating soil/murram/sand without development permission.
|
| 15. |
Digging channels across/along the road without development permission.
|
| 16. |
Leaving dug channels across/along roads uncovered/not cordoned posing danger to the public.
|
| 17. |
Encroaching on a public road of access/ public space.
|
| 18. |
Displaying advertisement without development permission.
|
| 19. |
Generating excessive noise causing nuisance to the public.
|
COUNTY GOVERNMENT OF ……………………………………………………
ENFORCEMENT COMPLIANCE CERTIFICATE
[Physical and Land Use Planning Act Sec. 72(1)]
Ref No………………..
To (Owner, Developer, Agent, Occupier,)
Name………………………………….
Particulars of property………………………………….
Postal address ……………………………..
Email Address………………………….
Physical address…………………………..
IT IS HEREBY confirmed that you have FULLY COMPLIED with conditions of Enforcement Notice No……. of………… Day of ……., 20………….. and are therefore allowed to continue with utilization of the property
Official use:
Name and signature of Authorised Officer………………………
Official stamp
Dated this………….. day of……………………….., 20…………………….
CC
Deputy County commissioner…………………
Sub County…………………………
OCPD…………………………………………
Division……………………
County Enforcement Officer………………………
County………………………….
|
FORM PLUPA-DC-22
|
r.15(2))
|
COUNTY GOVERNMENT OF ……………………………………………………
INVENTORY OF ITEMS FOUND ON SITE DURING ENFORCEMENT
[Physical and Land Use Planning Act Sec 72(1)]
Ref No………………..
Date………………………
Description of the Land Parcel no……………………………………
…………………………………………………………………………
Coordinates ………………………………………..
General description of land (for un-surveyed land)
………………………………………………………………….
………………………………………………………………….
………………………………………………………………….
County/City/Municipality/Town/Ward……………………………………..
Name of road/street………………………………………….
Enforcement notice No…………………………………………………..
I hereby confirm that the items described above were retrieved from the premises on this day……. of……… 20……… in my presence.
Name……………………… Signature………………
(To be Completed by; Ward Administrator or Chief or Assistant Chief.)
|
FORM PLUPA-D C-23
|
r.18(1)
|
THE PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL ENFORCEMENT) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Development Control Enforcement) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the content otherwise requires—
"building inspector" means a person with professional expertise in architecture, civil engineering, structural engineering, quantity surveying, mechanical engineering or electrical engineering charged with inspection of buildings or works;
"development permission" means approval granted by a planning authority for development, with or without conditions, after submission of a development application;
"enforcement" means action carried out by a planning authority with respect to any development that contravenes development permission or takes place without development permission or breaches the development specifications of the drawings and plans;
"electronic address’' means an email address or any other prescribed form of electronic address suitable for effecting service;
"enforcement notice" means a notice served by a planning authority on a developer under the provisions of section 72 of the Act communicating the intention of the planning authority to correct a breach or act on development that has been undertaken without planning permission or in contravention of planning permission granted;
"enforcement officer" means an officer mandated by the planning authority to take action on any development that contravenes development permission or takes place without development permission or breaches the development specifications of the drawings and plans;
"non-compliant development" means development that is undertaken without development permission or that fails to meet any of the conditions granted under the Act;
"use" means the purpose or activities carried in, alongside or on land, buildings or structures without interfering with the physical characteristics of the land;
"user" means the designation given to a registered parcel of land with development conditions for continued use or enjoyment of a right;
"subdivision"—
| (a) |
in relation to land, means the division of any land other than buildings held under single ownership, into two or more parts whether the subdivision is for conveyance, transfer or partition or for the purpose of sale, gift, lease or any other purpose; and
|
| (b) |
in relation to buildings, means the division of a unit as defined in the Sectional Properties Act (Cap. 286); and
|
"technical committee" means a working team established under these Regulations.
|
| 3. |
Object of the Regulations
The object of these Regulations is to provide for procedures, standards, guidelines and prescribed Forms for carrying out enforcement under the Act.
|
PART II – ADMINISTRATION
| 4. |
Enforcement teams
An Enforcement Team shall be composed of—
| (a) |
the County Director Physical and Land Use Planning;
|
| (b) |
the County or Municipal Physical Planners;
|
| (d) |
County Enforcement Officers.
|
|
| 5. |
Functions of members of enforcement teams.
| (1) |
Building Inspectors shall have the authority to—
| (a) |
inspect buildings and works for compliance;
|
| (b) |
issue a stay order to a developer in case of non-compliant buildings or works; and
|
| (c) |
report to the County Director any non-compliance of buildings or works.
|
|
| (2) |
The County Director shall have the authority to—
| (a) |
issue and enforce enforcement notices on behalf of the County Executive Committee Member;
|
| (b) |
take action on the report from the Building Inspector on non-compliant buildings and works;
|
| (c) |
refer the report to the Technical Committee for further investigation if need be;
|
| (d) |
determine compliance of other aspects of development other than buildings and works; and
|
| (e) |
issue enforcement compliance certificates.
|
|
| (3) |
County or Municipal planners shall have the power to—
| (a) |
inspect other aspects of development other than buildings and works for compliance to development permission;
|
| (b) |
issue a stay order to the developer;
|
| (c) |
report to the County Director.
|
|
| (4) |
An enforcement officer shall have the power to—
| (a) |
issue an enforcement notice;
|
| (b) |
execute the enforcement notice upon expiry of the period specified in the notice; and
|
| (c) |
report to County Director on the status of the enforcement of the enforcement notice.
|
|
|
| 6. |
Mandate of Technical Committees
In case a matter reported from preliminary investigation requires further investigation, the County Director shall, within fourteen days, convene a meeting of the Technical Committee to—
| (b) |
prepare a report on the status of development and any corrective measures to be undertaken; and
|
| (c) |
submit the status report to the County Executive Committee Member for action.
|
|
PART III – COMPLAINTS
| 7. |
Lodging of complaints
| (1) |
Lodging of complaints about non-compliant developments may be made to the County Director by—
| (a) |
individual members of the public;
|
| (c) |
private or public institutions; or
|
| (d) |
any other affected persons.
|
|
| (2) |
A complaint under subregulation (1) may be lodged through any of the following means—
| (c) |
transcription of verbally lodged complaints;
|
|
| (3) |
A complainant under this regulation shall provide proof of non-compliance.
|
| (4) |
The complainant shall not be under an obligation to disclose his or her identity and, where a complainant discloses his or her identity, the County Director shall protect the identity of the complainant.
|
|
| 8. |
Verification of complaints
The County Executive Committee member shall verify the validity of the complaint and, if it may deem necessary, issue a Stay Order in Form PLUPA-DC-19 as set out in the Second Schedule.
|
PART IV – ENFORCEMENT
| 9. |
Enforcement notice
| (1) |
Where a person fails to comply with any of the conditions specified in a stay order issued under these Regulations, the County Executive Committee Member shall, on the expiry of the stay order issue an enforcement notice in Form PLUPA-DC-20 as set out in the Second Schedule specifying the actions to be taken by that person in order to comply with the provisions of the Act or these Regulations.
|
| (2) |
Where the matter is referred for further investigation by the Technical Committee, the Committee may advice the County Executive Committee Member to—
| (a) |
lift the stay order issued under regulation 8;
|
| (b) |
cause the revocation of the development permission;
|
| (c) |
cause the modification or alteration of the conditions imposed on development permission;
|
| (d) |
cause the development to be discontinued;
|
| (e) |
cause the building to be altered or demolished; or
|
| (f) |
cause the land to be restored to its original or near-original condition.
|
|
| (3) |
The County Director shall, within seven days of approval by the County Executive Committee Member after the decision of the Technical Committee, issue an enforcement notice or lift the stay order.
|
|
| 10. |
Mode of service of enforcement notice
| (1) |
An enforcement notice may be served—
| (a) |
by post to any postal address inside or outside Kenya entered in the land register as an address for service or as provided in the application for development permission;
|
| (b) |
by electronic transmission to the electronic address entered in the land register or in the application for development permission as an address for service;
|
| (c) |
by hand delivery to the registered owner or the applicant through the national or county government administration officers within the area of jurisdiction; or
|
| (d) |
by notice in the Gazette and in one newspaper with nationwide circulation where appropriate at least three months before the enforcement in case of demolition.
|
|
| (2) |
For unregistered property or where application for development permission has not been made, the notice may be served to any address where the County Director believes the owner, occupier, agent or the developer is likely to receive it or in a newspaper of nationwide circulation.
|
| (3) |
In all cases, a copy of the notice shall be visibly displayed on the property.
|
| (4) |
The service of a notice under subregulation (1) shall be regarded as having taken place if—
| (a) |
for service under subregulation (1)(a), the notice is served within seven working days in case of address within Kenya and fourteen working days in case of address outside Kenya after being posted;
|
| (b) |
for service under subregulation (1)(b), the notice is served within two working days after being transmitted; or
|
| (c) |
for service under paragraph 1(c), the notice is served within the same day that it was posted.
|
|
|
| 11. |
Feedback mechanism
| (1) |
The County Director may send reminders to the persons in breach during the life of the enforcement notice to notify them that the breach and the enforcement notice are still in force.
|
| (2) |
Where a person served with the notice complies with stipulated conditions, the County Director shall issue an enforcement compliance in Form PLUPA-DC-21 as set out in the Second Schedule.
|
|
| 12. |
General principles of enforcement
In administering the enforcement notice, the County Director shall be guided by—
| (a) |
Article 47 of the Constitution;
|
| (b) |
the achievement of the intended goals of development control enforcement;
|
| (c) |
the requirement that the development control enforcement shall be commensurate to the breach; and
|
| (d) |
the principle of uniformity and equity in the application of the enforcement action.
|
|
| 13. |
Execution of enforcement notice
Upon expiry of the enforcement notice and where the person on whom an enforcement has been served has not appealed to the liaison committee, the Enforcement Team shall within seven days enter the premises or property and execute the conditions in the notice.
|
| 14. |
Identification of Enforcement Team
Any person participating in executing an enforcement shall identify himself or herself by the production of—
| (a) |
his or her original national identification card;
|
| (b) |
his or her official or staff identification card;
|
| (c) |
a letter of authorization from the County Director; and
|
| (d) |
a certified copy of enforcement notice issued under regulation 9.
|
|
| 15. |
Execution of Enforcement Notice for demolition and alteration of buildings
| (1) |
Where enforcement requires the Enforcement Team to demolish buildings or works, the demolition shall be carried out between 6.00 a.m. and 6.00 p.m.
|
| (2) |
The enforcement officer taking part in enforcement action shall take an inventory of any possessions on the premise or property in Form PLUPA -DC-22 as set out in the Second Schedule.
|
| (3) |
The inventory shall be served to the owner or occupiers.
|
| (4) |
The owner or occupiers of the premise shall be responsible for securing the possessions on the premises when an enforcement action is initiated.
|
|
| 16. |
Determination of Restoration costs
For the purpose of determining the costs for restoration of land to its original state or near to its original state after enforcement under section 57(4) of the Act, the County Director shall—
| (a) |
be guided by the general principles of enforcement outlined in regulation 12;
|
| (b) |
develop a costing roll for restoration based on—
| (i) |
the technology required for the restoration; |
| (iv) |
unit cost for restoration per square meter; and |
| (v) |
transportation cost of materials from the site. |
|
|
| 17. |
Appeals
Any person who is aggrieved by a decision of the County Director may appeal against such decision in accordance with section 72(3) and (4) of the Act.
|
| 18. |
Register
| (1) |
The County Director shall keep a register in Form PLUPA-DC-23 as set out in the Second Schedule containing the information in respect of every enforcement notice issued.
|
| (2) |
Every entry in the register shall be made within seven days of the happening of the event in respect of which an entry is required to be made.
|
| (3) |
The register of enforcement notices shall be kept at the office of the County Director in paper form or electronic form.
|
|
FIRST SCHEDULE [r. 9(1)]
ENFORCEMENT NOTICE
|
S/No.
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Nature of Non-Compliant Development
|
Notice period
|
|
1.
|
Commencing the development of a Commercial/Residential/ Industrial Institutional building without the approval of building plans
|
30 days
|
|
2.
|
Commencing the development of Commercial/Residential/ industrial/institutional building without submission of structural drawings to the county government for approval;
|
21 days
|
|
3.
|
Commencing the development of Commercial/ Residential/ Industrial/Institutional building without erecting notice of the development on the site
|
5 days
|
|
4.
|
Commencing the development of a perimeter wall without the approval of building plans by the county government;
|
30 days
|
|
5.
|
Extending development of Commercial/ Residential/Industrial/ Institutional development beyond approved level without development permission/ commencement notice;
|
30 days
|
|
6.
|
Development of Commercial/ Residential/Industrial/ Institutional buildings using outdated development permission;
|
30 days
|
|
7.
|
Development of Commercial/ Residential/Industrial/ Institutional premises without adhering to standard building lines;
|
90 days
|
|
8.
|
Occupying/ allowing the occupation of Commercial/ Residential/Industrial/ Institutional buildings without acquiring Certificate of Compliance and consequent Certificate of Occupation from the County Government;
|
14 days
|
|
9.
|
Developing/occupying/ allowing the occupation of substandard Commercial/Residential/Industrial/Institutional buildings that pose danger to the occupants and general public;
|
90 days
|
|
10.
|
Subdividing/Re-parceling/amalgamating land without development permission,
|
21 days
|
|
11.
|
Changing the Use/Extending the Use of the land without development permissions;
|
21 days
|
|
12.
|
Allowing effluent from the building to flow in the open posing danger to the public;
|
7 days
|
|
13.
|
Dumping waste on undesignated waste disposal site;
|
2 days
|
|
14.
|
Excavating soil/murram/sand without development permission;
|
7 days
|
|
15.
|
Digging channels across/ along the road without development permission;
|
7 days
|
|
16.
|
Leaving dug channels across/along roads uncovered or not cordoned posing danger to the public
|
Cordoning – 1 dayCovering dug channels – 7 days
|
|
17.
|
Encroaching on a public road of access/ railway reserves/ way leaves and easements/public space
|
Temporary – 7 days Permanent – 30 days
|
|
18.
|
Displaying advertisement without development permission
|
21 days
|
|
19.
|
Generating excessive noise causing nuisance to the public
|
Immediate
|
SECOND SCHEDULE
FORMS
|
FORM PLUPA-D C-19
|
(r. (8))
|
|
REPUBLIC OF KENYA
|
|
COUNTY GOVERNMENT OF ....................................
|
|
STAY ORDER
|
[Physical and Land Use Planning Act Sec. 72(1)]
Serial No. ................................
|
To (Owner, Developer, Agent, Occupier)
|
|
Name ..............................................................................................................
|
|
Postal address ..........................................................................................
|
|
Email Address ............................................................................................
|
|
Physical address .........................................................................................
|
|
Description of the Land Parcel No ....................................................................
|
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Coordinate ..............................................................................................................
|
|
General description of land (for un-surveyed land) ................................
|
|
County/City/Municipality/Town/Ward ................................
|
|
Name of road/street .................................................................................................
|
|
Enforcement Notice No. ...........................................................................................
|
Enforcement Report
The under signed Enforcement Officer in the presence of the owner/Developer/Agent/Occupier exercising their powers under section 72 of PLUPA, 2019 identified the following non-compliant development at ............... hrs (time) on .............. date ............... while inspecting the land/premises
Developer/Agent/Occupier
Type of Development ................................
Your attention is therefore drawn to the following provisions and requirements of PLUPA, 2019
Information/document required*
| (i) |
Approved Architectural drawings |
| (ii) |
Approved Structural drawings |
| (iii) |
Commencement Notice |
| (v) |
Approved subdivision/ Amalgamation/ Re-parcellation/ partitioning scheme plan |
| (vi) |
Consent to subdivide |
| (vii) |
Planning brief for subdivision/Change of User/Extension of User/ Extension of Lease/Renewal of Lease prepared by a registered and practising Physical Planner |
| (viii) |
Application to National Land Commission for Renewal of Lease |
| (ix) |
PLUPA Form ........... (Approval/deferment/rejection of development) |
| (x) |
PLUPA Form .............. (Certificate of compliance) |
| (xi) |
Certificate of Occupation in case of Buildings |
*Tick as appropriate
You are hereby required to immediately stay the development and submit the required information/documents to the County Director of Physical and Land Use Planning within fourteen working days from the date of this notice failure to which an Enforcement Notice shall be served on you in accordance to Section 72(1) of PLUPA 2019.
Signed ................ date .............
Owner/Developer/Agent/Occupier
Signed ................... date .............
Enforcement Officer
Copy: County Executive Committee Member in charge of Physical and Land Use Planning County Director of Physical and Land Use Planning.
_____________________________
|
FORM PLUPA-DC-20
|
(r. 9(1))
|
|
REPUBLIC OF KENYA
|
|
COUNTY GOVERNMENT OF ....................................
|
|
ENFORCEMENT NOTICE
|
[Physical and Land Use Planning Act Sec. 72(1)]
Ref No. ................................
To (Owner, Developer, Agent, Occupier)
Name ..........................................................
Postal address ....................................................
Email Address ...................................................
Physical address ...................................................
| 1. |
Take notice that you have undertaken the development of land described here under without the grant of development permission and/or the following conditions required on that behalf under Part IV of the Physical and Land use Planning Act.
|
| 2. |
Description of the Land Parcel No. ................................
Coordinates ...................................................................
Correspondence file No. (If known) ................................
General description of land (for un-surveyed land) ................................
County/City/Municipality/Town/Ward ................................
Name of road/street ..........................................................
|
| 3. |
Nature of Development ..................………………………………………
|
| 4. |
Development conditions contravened................................
(See Details overleaf)
|
| 5. |
By this notice you are required to*
| (a) |
Immediately stop any further activities on the land
|
| (b) |
Alter/modify the buildings or works as per attached diagram
|
| (c) |
Demolish the buildings or works
|
| (d) |
Surrender Form PLUPA .................. Serial No/Ref. No. ................. (the approval of development permission) issued for variation of development permission conditions.
|
| (e) |
Restore the land to its original or near condition as before within 90 days.
|
| (f) |
Any other measure (describe) ..........................
|
*Tick whichever is applicable
|
| 6. |
This notice shall take effect on the ......... day of ............., 20 ..............
|
| 7. |
If you are aggrieved by this notice, you may appeal to the County Physical and Land Use Planning Liaison Committee within fourteen days of this notice in which case the operation of this notice shall be suspended pending the final determination or withdrawal of the appeal
|
| 8. |
Any person who uses or causes or permits to be used the land to which this notice relates or carries out or causes or permits to be carried out operations on the said land in contravention to this notice shall be guilty of an offence provided by section 72(5) of the Act
TAKE NOTICE that at the expiry ..................... from the date of this notice, failure to comply, the County Government may enter on the said land and execute the requirements as outlined above and may recover as a civil debt in Environment and Land Court any related expenses incurred
Official use:
Name and signature of Authorised Officer ..........................
Official stamp
Dated this ................. day of ...................., 20 ..................
CC
Deputy County commissioner.................. Sub County
OCPD ................................ Division
Sub-County Enforcement Officer...................... Sub-County
|
| 1. |
Commencing the development of a Commercial/Residential/Industrial/Institutional building without the approval of building plans by the county government.
|
| 2. |
Commencing the development of Commercial/Residential/Industrial/Institutional building without submission of structural drawings to the county government for approval.
|
| 3. |
Commencing the development of Commercial/Residential/Industrial/Institutional building without erecting notice of the development on the site.
|
| 4. |
Commencing the development of a perimeter wall without the approval of building plans by the county government.
|
| 5. |
Extending development of Commercial/Residential/industrial/institutional development up to…… level without development permission/commencement notice.
|
| 6. |
Development of Commercial/Residential/Industrial/Institutional buildings using outdated development permission.
|
| 7. |
Development of Commercial/Residential/Industrial/Institutional premises without adhering to standard building lines.
|
| 8. |
Occupying/ allowing the occupation of Commercial/Residential/Industrial/Institutional building without acquiring Certificate of Compliance and consequent Certificate of Occupation from the County Government.
|
| 9. |
Developing/occupying/ allowing the occupation of substandard Commercial/Residential/Industrial/ Institutional buildings that pose danger to the occupants and general public.
|
| 10. |
Subdividing/Re-parceling/Amalgamating land without development permission.
|
| 11. |
Changing the Use/Extending the Use of the land without development permission.
|
| 12. |
Allowing effluent from the building to flow in the open posing danger to the public.
|
| 13. |
Dumping waste on undesignated waste disposal site.
|
| 14. |
Excavating soil/murram/sand without development permission.
|
| 15. |
Digging channels across/along the road without development permission.
|
| 16. |
Leaving dug channels across/along roads uncovered/not cordoned posing danger to the public.
|
| 17. |
Encroaching on a public road of access/ public space.
|
| 18. |
Displaying advertisement without development permission.
|
| 19. |
Generating excessive noise causing nuisance to the public.
|
_____________________________
|
REPUBLIC OF KENYA
|
|
COUNTY GOVERNMENT OF ....................................
|
|
ENFORCEMENT COMPLIANCE CERTIFICATE
|
[Physical and Land Use Planning Act Sec. 72(1)]
Ref No. ................................
To (Owner, Developer, Agent, Occupier,)
Name ................................
Particulars of property ................................
Postal address ................................
Email Address ................................
Physical address ................................
IT IS HEREBY confirmed that you have FULLY COMPLIED with conditions of Enforcement Notice No. ........ of ......... Day of.........., 20 ......... and are therefore allowed to continue with utilization of the property
Official use:
Name and signature of Authorised Officer ................................
Official stamp
Dated this ............... day of ..................., 20 ...................
CC
Deputy County commissioner..........................
Sub County ..........................................................
OCPD ..........................................................
Division ..........................................................
County Enforcement Officer .....................................................
County ........................................................
_____________________________
|
FORM PLUPA-DC-22
|
(r. 15(2))
|
|
REPUBLIC OF KENYA
|
|
COUNTY GOVERNMENT OF ....................................
|
|
INVENTORY OF ITEMS FOUND ON SITE DURING ENFORCEMENT
|
[Physical and Land Use Planning Act Sec 72(1)]
Ref No. ................................................................
Date ...................................................................
Description of the Land Parcel No. ................................
........................................................................
Coordinates ..........................................................
General description of land (for un-surveyed land)
..............................................................................
...........................................................................
County/City/Municipality/Town/Ward ................................
Name of road/street .......................................................
Enforcement notice No. .....................................................
|
S/NO
|
ITEM DESCRIPTION
|
NO. OF ITEMS
|
STATUS
|
SIGNATURE-OWNER/AGENT
|
SIGNATURE-Enforcement Officer
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
WITNESS
I hereby confirm that the items described above were retrieved from the premises on this day ...……. of……… 20……… in my presence.
Name……………………… Signature………………
(To be Completed by; Ward Administrator or Chief or Assistant Chief.)
_____________________________
|
FORM PLUPA-D C-23
|
(r. 18(1))
|
|
REPUBLIC OF KENYA
|
|
COUNTY GOVERNMENT OF ....................................
|
|
REGISTER OF ENFORCEMENT NOTICES
|
[Physical and Land Use Planning Act Sec 72(2)]
|
S/No
|
Enforce-
ment
Notice
Number
|
Date
of
Notice
|
Particulars
of person
served
|
Land Ref .
No./description
of
property
|
Physical
Address
|
Stipulated
Corrective
Measure
|
Date &
brief of
action
taken
by the
person
served
|
Date of
issuance of
complia-nce
form
|
Date &
Decision
of appeal
to Liaison
Committee
|
Date&Decision
of Court
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
THE PHYSICAL AND LAND USE PLANNING (GENERAL DEVELOPMENT PERMISSION AND CONTROL) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
| 3. |
Object of the Regulations
|
PART II – CHANGE OF USER AND EXTENSION OF USER
| 5. |
Planning considerations and standards
|
PART III – EXTENSION OF LEASE AND RENEWAL OF LEASE
| 6. |
Standards or considerations
|
PART IV – SUBDIVISION AND AMALGAMATION
| 8. |
Subdivision and amalgamation schemes
|
| 10. |
Surrender of land for public purposes
|
PART V – EASEMENTS, WAYLEAVES AND RIPARIAN RESERVES
| 11. |
Utilisation of riparian reserves
|
| 12. |
Standards and considerations for easement and wayleaves
|
| 13. |
Management of riparian reserves
|
| 14. |
Measurement of the extent of riparian reserves
|
PART VI – REQUIREMENTS FOR SUBMISSION OF DEVELOPMENT APPLICATIONS
| 15. |
Requirement for Submission of application
|
| 16. |
Specification of onsite notice
|
PART VII – PROCESSING OF DEVELOPMENT APPLICATIONS
| 17. |
County Director to issue tracking number for applications
|
| 18. |
Payment of prescribed fees
|
| 19. |
Registration of Development Application
|
| 20. |
Circulation and reviewing of application
|
| 21. |
Decision-making and issuance of development permission
|
| 22. |
Permitted development
|
| 23. |
Exemption from development permission
|
| 24. |
Receiving and Processing of Conformance Conditions Applications
|
PART VIII – PERFORMANCE CONDITIONS MONITORING AND INSPECTIONS
| 25. |
Implementation of performance conditions
|
| 26. |
Site Inspection Procedure and Issuance of Permit
|
| 27. |
Final Inspection Issuance of Certificate of Compliance or Occupation
|
| 28. |
Revocation of development permissions
|
PART IX – MISCELLANEOUS PROVISIONS
| 29. |
Registers maintained by the County Executive Committee Members
|
SCHEDULES
| SECOND SCHEDULE [r. 22, 29] — |
CONDITION FOR DEVELOPMENT PERMISSION
|
| THIRD SCHEDULE [r. 8(1)] — |
PREPARATION OF SUBDIVISION OR AMALGAMATION SCHEME
|
THE PHYSICAL AND LAND USE PLANNING (GENERAL DEVELOPMENT PERMISSION AND CONTROL) REGULATIONS
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (General Development Permission and Control) Regulations, 2021.
|
| 2. |
Interpretation
In these Regulations, unless the context otherwise requires—
"amenity" means the physical attributes in an area which contribute to the quality of the environment and its better enjoyment during any permitted use;
"ancillary use" means an activity that is subservient to the primary use of land or building;
"building" has the meaning assigned to it by section 2 of the Act;
"building" or "works" include waste materials, refuse and other matters deposited on land and reference to the erection or construction of building or works shall be construed accordingly;
"building line" means a line drawn across a plot such that no building or permanent structure, except a wall of approved design enclosing the plot, maybe within the area contained between that line and the nearest road on which the plot has frontage;
"change of user" means any alteration in the use, purpose or level of activity within any property that involves a material change that results in a use that is completely different from the previous one and will require development permission;
"class" means a category of uses within which a person does not require application for development permission;
"conformance conditions" means conditions for applications that require further professional input such as structural, civil, electrical, mechanical and Information and Communication Technology engineering designs before commencement of development;
"controlled area" means any area adjoining land developed or set aside for development of a strategic installation which includes special planning areas within the meaning of section 52(1) of the Act and areas where development may be controlled i.e. buffers, safeguarding areas, protected areas and controlled land;
"comprehensive development" means a development proposed and implemented on a defined piece of land that goes beyond one defined land use with each land use being principal;
"density" means the maximum amount of development permitted or the maximum munber of persons permitted to reside, as the case may be, on any area of land;
"densification of use" means a deliberate planning process that seeks to change and enhance the land carrying capacity of any land parcel or zone in terms of population and user activities;
"development application" means developments that relate to change of user, extension of user, extension and renewal of leases;
"development approval" means certification of a development permission by the planning authority for purposes of further necessary action by ministries, departments and agencies;
"development control instruments" means prescribed standard operating documents including forms and spreadsheets utilised in processing applications for development permission;
"development fees" means a fee levied under section 63 of the Act for development of infrastructure in relation to the property in question for general use by the residents of the area where the property in question is located;
"development permission" means permission granted by the planning authority to an applicant to develop land under section 57 of the Act;
"dwelling house" means a building including a garden that affords those who use it facilities required for daily private domestic use;
"easement" means a non-possessory interest in another’s land that allows the holder to use the land to a particular extent, to require the proprietor to undertake an act relating to the land, or to restrict the proprietor’s use to a particular extent, and shall not include a profit; and
"erection" in relation to a building includes extension, alteration and re-erection;
"extension of user" means introduction of an ancillary use in addition to the existing use within the same building or site while maintaining the dominance of the principal use on a specific parcel of land;
"ground coverage" as applied to a development means the percentage of the horizontal area of the site permitted to be used;
"highest water mark" means the highest level or boundary reached by a river or lake during floods, and by the ocean during periods of high tides;
"land use" means the economic functions or utility associated with a specific piece of land such as agriculture, industrialization, residential, transportation, public purpose, recreation, public utility or educational utility;
"licenced professional" includes a registered physical planner, registered architect, registered engineer, or, licensed land surveyor, licensed valuer and registered quantity surveyor;
"location plan" means a supporting document presented in a standard metric scale and indicating the direction of North to make the orientation clear that may be required by a planning authority as part of a development application that provides an illustration of the proposed development in its surrounding context to enable the planning authority to properly identify the land which the application refers;
"material consideration" means a matter of a planning nature that a planning authority may consider in determining a development application;
"performance conditions" means conditions discharged during implementation through interim, partial and incremental certification;
"permitted development" means development which may be undertaken without the outright permission of the relevant planning authority;
"planning guidelines" means guidelines formulated by the Cabinet Secretary under section 10(b) of the Act;
"preliminary application" means an application seeking detailed information and guidance to enable submission of a detailed application;
"relevant Professional Registration Board" has the meaning assigned to it under Physical Planners Registration Act, Architects and Quantity Surveyors Act, Survey Act, Valuers Act and Engineers Act, 2011;
"riparian reserve" means the ecological buffer of earth surface not being the bed of a stream, river, ocean, dam, natural or artificial lake, swamp or riverine wetlands measured horizontally from the highest water mark and may include part of any land parcel situated at the distance from the bank within the measurements specified in regulation 14, that is protected under the Act or its use regulated under any other written law;
"strategic installation" means any installation that is classified as such under the Physical and Land Use Planning (Classification of Strategic National or Inter-County Projects) Regulations, 2019 and relevant regulations or declared as such by the Cabinet Secretary subject to a risk assessment report prepared under these regulations or developed within a strategic national project;
" subdivision" in relation to land means the division of a specific parcel of land, including buildings into units held under single ownership, into two or more parts whether the subdivision is by conveyance, transfer or partition or for the purpose of sale, gift, lease or any other purpose;
"statutory undertaker" means statutory bodies responsible under any written law within the country and any other body which the cabinet secretary may by notice in the Gazette specify to undertake activities that may lead to physical alterations to the land which has some degree of permanency;
" submission certificate" means a certificate that is issued to a person who has submitted a development application in accordance with section 62(1) of the Act;
"way leave" means a contract between the owner or occupier of land (the grantor) and a third party (the grantee) permitting the grantee to access privately-owned land to carry out works in return for some form of compensation; and
"zoning" means a regulation that defines land in a specific geographic location which can be developed and used.
|
| 3. |
Object of the Regulations
The object of these Regulations is to provide for the procedures and standards for development control and the regulation of physical planning and land use.
|
PART II – CHANGE OF USER AND EXTENSION OF USER
| 4. |
Application
| (1) |
A person who seeks to put land into a use other than that which it is registered under shall apply to the planning authority for—
|
| (2) |
The application under subregulation (1) shall be required when—
| (a) |
the proposal consists of a significant change of the registered use of the land and constitutes a change of more than twenty per cent of the registered user of the land based on the plot coverage and plinth area; and
|
| (b) |
the existing registered use of land does not conform to the approved plan or the zoning regulations.
|
|
| (3) |
An extension of user application shall be required when the proposal consists of a change of the registered land use not exceeding twenty per cent in any case where a developer intends to comply with any revised physical and land use plans and land use zoning regulations.
|
|
| 5. |
Planning considerations and standards
In addition to paragraph 5 of the Third Schedule to the Act, a planning authority may consider the following matters with respect to an application under regulation 4—
| (a) |
whether or not the intended use shall be in accordance with the desirable urban form and character of the area;
|
| (b) |
where the land is needed for the establishment of wayleaves and easements, a part development plan shall be prepared showing the siting of the wayleave or easement; and
|
| (c) |
the applicant shall provide an approved traffic management plan where applicable.
|
|
PART III – EXTENSION OF LEASE AND RENEWAL OF LEASE
| 6. |
Standards or considerations
In addition to paragraph 6 of the Third Schedule to the Act and the provisions of any other relevant written law, the following matters shall also be considered in repect of an application for an extension of lease or renewal of lease—
| (a) |
if the land was not developed, the land should revert back to the lessor;
|
| (b) |
whether the applicant has satisfied the previous development conditions imposed on the lease;
|
| (c) |
the applicant’s compliance with the National Land-Use Policy, land-use zoning regulations and approved National, Inter-County and County Physical and Land-Use development plans of the area;
|
| (d) |
the capacity of the lessee to develop in accordance with the new conditions of the approved plan or land-use zoning regulations for the area;
|
| (e) |
whether the land is required for environmental conservation and preservation; and
|
| (f) |
whether portions or all of the land is required for registration of easements and way leaves for planned infrastructural facilities and other relevant way leaves.
|
|
PART IV – SUBDIVISION AND AMALGAMATION
| 7. |
Application
A developer shall apply to the planning authority for planning, approval in respect of a proposed subdivision or amalgamation in areas to which these Regulations apply.
|
| 8. |
Subdivision and amalgamation schemes
| (1) |
A developer shall prepare a subdivision or amalgamation scheme in accordance with the provisions of the Third Schedule to the Act.
|
| (2) |
Where any proposed street or road or railway line or tramway is included in the subdivision scheme, the layout shall conform to the relevant planning guidelines, standards, regulations and by-laws of the planning authority.
|
| (3) |
Reference should be made to the abutting area regarding road alignment among other requirements as may be required by the relevant Road Agency and particularly—
| (a) |
a minimum road width of twelve metres shall be provided for a road reserve for a public through road;
|
| (b) |
where public roads intersect, a truncation of half the width of the lower hierachy road shall be provided;
|
| (c) |
where the road is private and the minimum is not less than nine metres wide, a truncation of four and a half metres shall be provided; and
|
| (d) |
footpaths and cycle paths that are not less than two metres wide shall be provided in all new roads.
|
|
| (4) |
Unless site conditions prohibit, each plot shall be at right angles to the road, with the shorter side fronting the road and with a regular shape for optimum use of land and integration with the general spatial form of the area.
|
| (5) |
Streets shall be aligned in such a manner as to facilitate natural stormwater flow and, where necessary, the scheme shall demarcate stormwater easements.
|
| (6) |
The scheme shall respect riparian and ocean reserves, wayleaves and easements.
|
| (7) |
The subdivision scheme shall provide for the preservation of the natural flora and fauna as much as possible in the case of a large-scale subdivision.
|
|
| 9. |
Planning brief
| (1) |
All application for subdivision and amalgamation within urban areas, municipalities and cities shall be accompanied with a planning brief.
|
| (2) |
A planning brief under subregulation (1) shall be exempted in respect of appplications for subdivision and amalgamation of agricultural land in rural areas for less than ten parcels.
|
|
| 10. |
Surrender of land for public purposes
| (1) |
Subdivision schemes under regulation 7 may be subjected to surrender of land for public use in accordance with section 58 and paragraph 7 of the Third Schedule to the Act.
|
| (2) |
Where required by the county executive committee member, in consultation of the county director of physical and land use planning, suitable and adequate land shall be surrendered by the applicant at no cost to the County Government for open spaces, amenities, recreational facilities, excluding road reserves, a public purpose relating to the area to be subdivided or for road-widening.
|
| (3) |
Land surrendered in subregulation (2) shall be utilized for the planned purpose.
|
| (4) |
The surrender can be in the form of part of the land to be subdivided or the provision of land of equivalent size and value at an alternative suitable site.
|
| (5) |
The land to be surrendered shall be shaded in blue in the subdivision scheme.
|
| (6) |
The surrendered land shall be registered in the name of the County Government or the Cabinet Secretary responsible for matters relating to finance in accordance with the Land Registration Act, 2012.
|
| (7) |
The County Government shall notify the National Land Commission of a surrender under this regulation for the purposes of allocation, processing and communication to the relevant authorities or agencies.
|
| (8) |
Relevant utility services providers may be consulted during the process of determining the most favorable location of the surrendered land for purposes of provision of utility services.
|
| (9) |
The developer or any other interested private party can apply to the County Government to use the land once it is registered to provide the public purpose service or utility for which the land surrendered.
|
|
PART V – EASEMENTS, WAYLEAVES AND RIPARIAN RESERVES
| 11. |
Utilisation of riparian reserves
| (1) |
The utilization of riparian reserves shall be in strict compliance with the provisions of approved physical and land development plans, the National Land Use Policy and any applicable written law.
|
| (2) |
In addition to the services contemplated in the Act and the Third Schedule, the following services shall also require easements or way leaves—
| (a) |
storm water drainage channels;
|
| (b) |
footpaths, pedestrian walkways and footbridges;
|
| (d) |
water irrigation canals and pipelines;
|
| (e) |
gas reticulation systems;
|
| (g) |
wildlife migratory corridors;
|
| (i) |
springs and water access points;
|
| (k) |
sub stations for power distribution or power-lines;
|
| (l) |
road reserves shall be managed in accordance to the Roads Act; and
|
| (m) |
vicinity of strategic developments and special planning areas such as nuclear plants, coal plants, mineral exploration sites.
|
|
| (3) |
The development of ground water facilities shall be in accordance with the Water Act and shall not negatively impact the neighboring ground water facilities.
|
|
| 12. |
Standards and considerations for easement and wayleaves
| (1) |
The acquisition of easements for private use shall be compatible with the existing developments and appropriate for the intended use.
|
| (2) |
New developments shall not extinguish obligations that come with existing way leaves and easements.
|
| (3) |
Where the way leaves are on road reserves, they shall be dealt with in accordance with the provisions of the Public Road and Roads of Access Act (Cap. 399).
|
| (4) |
Way leaves and easements shall be registered in accordance with the provisions of the Land Act, 2012.
|
| (5) |
Where wayleaves and easements fall on private property, the planning authority shall apply for creation and registration under the Land Act, 2012.
|
| (6) |
Way leaves and easements shall be depicted in the physical and land use development plans and survey plans.
|
| (7) |
The acquisition of way leaves shall be guided by the principle of health and safety, legal clarity, public participation, environmental conservation and protection, economic viability and sustainable developments.
|
| (8) |
Siting considerations for street lights and high mast floodlights shall—
| (a) |
be at the most suitable location that affords illumination to more than one path;
|
| (b) |
be in near proximity to electricity;
|
| (c) |
provide for security of facility; and
|
| (d) |
be in proximity to trading centres and shall illuminate pathways.
|
|
| (9) |
The minimum wayleave for erecting the high mast floodlights shall be three metres in length and three metres in width.
|
|
| 13. |
Management of riparian reserves
| (1) |
Physical and land use development plans shall be prepared to guide utilization of land within riparian reserves in rural and urban areas and provide buffers for lakes, rivers, swamps and oceans beyond the riparian reserves where controlled development may be allowed.
|
| (2) |
The plans prepared under subregulation (1) shall promote controlled utilization of riparian reserves as recreational areas, open spaces, green ways and as utilities corridors among other sustainable uses.
|
| (3) |
In connection with the utilization of the riparian reserve or development of the area beyond the riparian reserve or both, the applicant shall be required to submit an Environmental Impact Assessment and Audit Report together with the development application.
|
|
| 14. |
Measurement of the extent of riparian reserves
The following standards shall apply during the measurement of riparian reserves for the purposes of these Regulations—
| (a) |
for rivers, a minimum riparian reserve of ten metres or a reserve that is equal to the average full width of the river measured from the highest water mark, whichever is higher, but which shall not exceed thirty metres, on either side of the river shall be maintained:
Provided that in the case of a flood plain, the riparian reserve may be higher as may be determined by the Water Regulation Authority:
|
| (b) |
for lakes, a riparian reserve of not less than one hundred metres and not more than two hundred metres as measured from the highest water mark shall be maintained for all lakes:
Provided that in the case of Lake Naivasha, there shall be observed a contour of one thousand eight hundred and ninety-two point eight metres above sea level;
|
| (c) |
for the Indian Ocean, a riparian reserve of three hundred metres as measured from the highest water mark shall be maintained;
|
| (d) |
for swamps measuring more than one acre, a riparian reserve of at least fifty metres and not more than seventy metres as measured from the highest water mark shall be maintained;
|
| (e) |
for swamps measuring less than one acre, a riparian reserve of at least twenty metres and not more than thirty metres as measured from the highest water mark shall be maintained;
|
| (f) |
for dams, a riparian reserve of seventy metres as measured from the highest water mark shall be maintained for all dams:
Provided that downstream of the dam, there shall be maintained a riparian reserve of at least twenty metres and not more than one hundred metres as measured from the toe of the dam as determined by structural engineer; and
|
| (g) |
for springs, a riparian reserve of at least six metres as measured from the source of the spring shall be maintained.
|
|
PART VI – REQUIREMENTS FOR SUBMISSION OF DEVELOPMENT APPLICATIONS
| 15. |
Requirement for Submission of application
| (1) |
An application for development permission shall be made in Form PLUPA/DC/1A , Form PLUPA/DC/ 1B, Form PLUPA/DC/1C, Form PLUPA/DC/1D, Form PLUPA/DC/1E or Form PLUPA/DC/1F as set out in the First Schedule.
|
| (2) |
An application for development permission shall be transmitted to the electronic address of the planning authority or submitted in paper form and shall be accompanied by—
| (a) |
a certified copy of Title Deed or certificate of title or Certificate of Lease or other documents of ownership recognised under the laws of Kenya;
|
| (b) |
a location plan indicating clearly the subject area in relation to major landmarks, roads and features;
|
| (c) |
scheme plans or building plans;
|
| (d) |
where applicable, public notification in accordance with section 58 (7) and (8);
|
| (e) |
where applicable, in case of change of user, extension of user, densification of use, extension of lease, renewal of lease, subdivision and amalgamation a planning brief of the comprehensive development prepared by a registered and practising physical and land use planner in accordance with these Regulations;
|
| (f) |
where an applicant is not the registered owner of the land, the written consent of the registered owner of that land accordance with section 58 (4) of the Act;
|
| (g) |
in case of change of user, extension of user, densification of use, extension of lease and renewal of lease, a copy of the notice published in at least one newspaper of nationwide circulation measuring five thousand square millimetres in Forms PLUPA/DC/2 and PLUPA/DC/3 set out in the First Schedule, that has been published for at least fourteen consecutive days prior to the date the application is submitted; and
|
| (h) |
where the application is for a change of user or extension of user, a caption of an on-site notice inviting comments from the members of the public in accordance with section 58 (7) and (8).
|
|
| (3) |
Where the application has been transmitted to the electronic address of the planning authority, the written consent, public notification notice and planning brief shall be submitted in PDF format and shall—
| (a) |
not be password protected;
|
| (c) |
have line spacing of 1.5; and
|
|
| (4) |
The licensed professional shall be required to inform the registered owner of the submission and progress made in processing the development application.
|
|
| 16. |
Specification of onsite notice
The onsite notice referred to in regulation 3(2)(1) shall be in Form PLUPA/DC/4 as set out in the First Schedule and shall have the following specifications—
| (a) |
it shall be made of durable waterproof material that is capable of withstanding the extreme elements of the weather;
|
| (b) |
it shall measure at least one hundred and twenty centimetres by seventy centimetres;
|
| (c) |
it shall be placed at a height of one hundred and fifty centimetres on unobstructed space;
|
| (d) |
it shall be legible from a distance of at least five metres from the notice; and
|
| (e) |
it shall be placed on the boundary of the property fronting the access road.
|
|
PART VII – PROCESSING OF DEVELOPMENT APPLICATIONS
| 17. |
County Director to issue tracking number for applications
Upon submission of a development application, the County Director shall issue a submission certificate with a tracking number in accordance with section 62 (1) in form PLUPA/DC/5 as set out in the First Schedule.
|
| 18. |
Payment of prescribed fees
| (1) |
In case of electronic submission, the application shall be received and downloaded by the county director of physical and land use planning subject to payment of prescribed fees in accordance to the regulations issued from time to time by the planning authorities.
|
| (2) |
Payments due to planning authorities shall be made in the form that the planning authorities may prescribe from time to time.
|
| (3) |
An application shall not be considered duly completed until the invoiced amount is paid in full.
|
|
| 19. |
Registration of Development Application
Upon confirmation of payment of application fees or waiver authority, the county director shall record the application in the development applications Register in line with section 62 of the Act.
|
| 20. |
Circulation and reviewing of application
| (1) |
The County Director shall transmit a copy of the application to the—
| (a) |
Director-General for projects covering two or more counties or parts thereof or those classified under projects of strategic national importance; and
|
| (b) |
the technical officers of the relevant authorities and agencies,
|
to review and comment in accordance with provisions of section 60(1) of the Act.
|
| (2) |
For projects covering two or more counties of parts thereof the Director-General shall—
| (a) |
issue an advisory or convene a meeting with the respective counties for further consultations;
|
| (b) |
constitute an inter-county committee that shall prepare and complete the Inter-County project proposal within one year from the time notice of intention to prepare the plan;
|
| (c) |
publish a notice in the Gazette and in at least two newspapers of national circulation and electronic media informing the public and request for submission of comments within thirty days;
|
| (d) |
within twenty-one days of the expiry of the notice period consider the submitted comments and may incorporate the comments in the inter-county project proposal; and
|
| (e) |
within seven days of making the decision publish it in a notice in the Gazette and in at least two newspapers of national circulation.
|
|
| (3) |
For projects classified under projects of strategic national importance the Director-General shall—
| (a) |
publish a notice in the Gazette and in at least two newspapers of national circulation and electronic media informing the public of the intention to undertake a strategic national project and request for submission of comments within sixty days; and
|
| (b) |
in consultation with the respective County Director Physical and Land Use Planning convene public hearings to receive comments.
|
|
| (4) |
For proposed projects falling within controlled areas around strategic installations, the County Director of Physical and Land Use Planning shall—
| (a) |
refer it to the Director-General for verification of compatibility to the strategic installations development plan;
|
| (b) |
transmit a copy of the application to the head of the relevant Government Ministry, Department or Agency responsible for the strategic installation comments;
|
| (c) |
upon determination that the application falls under subregulation (3) the processing shall be undertaken in accordance with the Physical and Land Use Planning (Development Control for Strategic National Projects) Regulations, 2021; and
|
| (d) |
upon determination that the application falls under (4) the processing shall be undertaken in accordance with the Physical and Land Use Planning (Development Control Around Strategic Installations) Regulations, 2021.
|
|
| (5) |
Circulation of applications in 7(1) and (2) shall be in forms PLUPA//DC/6A and 6B as applicable.
|
| (6) |
The County Director shall in accordance to sections 60 and 90(2)(f) of the Act maintain registers for circulation of applications in the format provided in forms PLUPA/DC/7A and 7B as applicable.
|
|
| 21. |
Decision-making and issuance of development permission
| (1) |
The Cabinet Secretary shall approve, decline or defer application for prescribed projects of strategic national importance in accordance with section 69(4) of the Act.
|
| (2) |
For developments adjoining strategic installation projects and other applications, the county director shall under section 20—
| (a) |
analyse the comments received during circulation;
|
| (b) |
submit the report to the County Executive Committee Member;
|
| (c) |
transmit the decision to the property owner on such electronic address provided by the licensed professional supported by email or short message; and
|
| (d) |
re-circulate deferred applications to the relevant authorities for further review and reporting.
|
|
| (3) |
Upon receipt of the report in subregulation (2)(b), the County Executive Committee Member shall—
| (a) |
grant the applicant a development permission in Form PLUPA /DC/8 set out in the First Schedule with performance and conformance conditions or without conditions;
|
| (b) |
defer the application stating the grounds of deferment;
|
| (c) |
refuse to grant the applicant such development permission stating the grounds of refusal; or
|
| (d) |
authorise the County Director of Physical and Land Use Planning to communicate the decision in accordance to section 20(i) of the Act.
|
|
| (3) |
Where required by the planning authority, land suitable and adequate for public purpose shall be surrendered at no cost to the County Government as a condition for development permission.
|
| (4) |
In determining the size of land to be surrendered for public purpose under subregulation (3) the planning authority shall consider the reason for subdivision, size of land, number of resultant sub-plots, the resultant use, type and scale of development.
|
| (5) |
The County Executive Committee member shall communicate to the chairman National Land Commission of such surrender in form PLUPA /DC/9.
|
| (6) |
Where an application for demolition is approved, the applicant shall be issued with a demolition permit.
|
| (7) |
The County Government shall be indemnified against any claims that may arise from negligence and or acts of omission during the demolitions works.
|
| (8) |
Where an applicant does not receive written response within sixty days of the date the application was submitted, provisions of section 58(6) of the Act shall apply.
|
|
| 22. |
Permitted development
| (1) |
Subject to the provisions of these Regulations, development of any class specified in the Second Schedule is permitted and may be undertaken upon land to which these Regulations apply with the permission of the planning authority provided that the permission granted by these Regulations in respect of any such class of development shall be subject to any condition or limitation imposed in the said Schedule.
|
| (2) |
Nothing in this subregulation or the Second Schedule shall be deemed to permit any development which is not in accordance with any condition imposed when permission is granted or deemed to be granted under Part IV of the Act otherwise than by these Regulations.
|
| (3) |
If the planning authority is satisfied that it is expedient that development of any of the classes specified in the Second Schedule shall not be carried out in any particular development of any of the said classes unless permission is granted on application in that behalf—
| (a) |
the planning authority may direct that the permission granted by Part I of the Second Schedule shall not apply; or
|
| (b) |
the County Executive Committee Member shall publish in the Gazette categories of development in the county that require development permission.
|
|
| (4) |
A direction in respect of any particular area under subregulation (3)(a) shall be given by notice by the local authority and shall specify the effect of the direction and the name of a place where a copy thereof and a map defining the area to which it relates may be viewed at all normal hours of official business and such direction shall come into force on the date on which notice thereof is first published.
|
|
| 23. |
Exemption from development permission
The carrying out of the following works by statutory undertakers in case of emergency is exempt from the process of development permission—
| (a) |
maintenance of bridges, buildings and railway stations;
|
| (b) |
alteration and maintenance of railway tracks and provision and maintenance of track equipment, including signal boxes, signal apparatus and other appliances and works required in connection with the movement of traffic by rail;
|
| (c) |
maintenance of harbours, quays, wharves and canals;
|
| (d) |
provision and maintenance of mechanical apparatus or appliances required for the purpose of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a harbour, quay or wharf; and
|
| (e) |
any development required in connection with the improvement and maintenance or repair of water courses or drainage works, sewers, sewage disposal works base transmission stations or optic fibres.
|
|
| 24. |
Receiving and Processing of Conformance Conditions Applications
| (1) |
Application for Conformance Conditions shall be received by the Director-General in line with regulation 7(1), (2) or (3) or the County Director in line with regulation 7(4) who shall—
| (a) |
circulate to the relevant authorities or agencies responsible for the matter under review; and
|
| (b) |
forward the reviewed application to the Cabinet secretary the County Executive Committee Member for issuance of development permission.
|
|
|
PART VIII – PERFORMANCE CONDITIONS MONITORING AND INSPECTIONS
| 25. |
Implementation of performance conditions
| (1) |
The registered owner of a property or duly authorised agent shall send written notification in form PLUPA/DC/14 to the Director-General or the County Director requesting for inspection during the—
| (a) |
commencement of the project;
|
| (b) |
subsequent stages stated in the performance conditions.
|
|
| (2) |
The Director-General or the County Director shall—
| (a) |
issue an invoice subject to prescribed fees in accordance to the regulations issued from time to time;
|
| (b) |
circulate the notification to the relevant authorities or agencies to carry out the inspection; and
|
| (c) |
notify the registered owner of a property or duly authorised agent of the date of inspection in form PLUPA/DC/15.
|
|
|
| 26. |
Site Inspection Procedure and Issuance of Permit
| (1) |
The relevant authorities or agencies shall—
| (a) |
visit the project site and conduct inspection in accordance to procedures prescribed in the relevant codes; and
|
| (b) |
prepare the inspection report in the prescribed inspection card and communicate within seven days—
| (i) |
if satisfied with standards on the visited site issue permit authorizing progress of development from the date of inspection; or |
| (ii) |
if not satisfied, demand compliance to the set standards or conditions of approval before embarking on the development; or |
| (iii) |
issue a demolition order to the owner of the building if the structure cannot be repaired to a safe condition for either the occupier or the surroundings. |
|
|
| (3) |
The registered owner of a property carrying out the development shall not proceed with the development unless issued with a copy of the inspection report and permit authorising progress.
|
|
| 27. |
Final Inspection Issuance of Certificate of Compliance or Occupation
| (1) |
Upon completion of the development project the licensed professional or duly authorised agent shall on behalf of registered owner of the property—
| (a) |
notify the Director-General or the County Director requesting for joint final inspection of all the relevant authorities and agencies; and
|
| (b) |
prepare the site of the completed development to standards stipulated in the performance conditions.
|
|
| (2) |
The Director-General or the County Director shall coordinate the final joint inspection exercise and consolidate all inspection reports and forward to the relevant Planning authority who shall within seven days, in Forms PLUPA/DC/10 and PLUPA/DC/11 cause the issuance of—
| (a) |
certificate of compliance; and
|
| (b) |
notice for issuance of certificate of occupation.
|
|
| (3) |
The architect and the structural engineer shall issue a certificate of guarantee and compliance for the curtain walling system, prior to theissuance of the certificate of occupation.
|
|
| 28. |
Revocation of development permissions
| (1) |
Under section 57 (5) of the Act, the County Executive Committee Member may revoke development permission issued under these Regulations on the following grounds—
| (a) |
contravention of the conditions of approval;
|
| (b) |
any consideration under Article 66 (1) of the Constitution; or
|
| (c) |
risk of natural disaster.
|
|
| (2) |
The County Executive Committee Member may consult with the relevant authorities for their recommendations, before revoking a development permission.
|
| (3) |
Where the County Executive Committee Member revokes the development permission under subregulation (1), he shall issue the holder a notice of revocation of development permission in Form PLUPA/DC/12 set out in the First Schedule.
|
| (4) |
The County Executive Committee Member shall specify the reasons for the revocation in the notice issued under subregulation (3).
|
| (5) |
A person aggrieved by a decision to revoke a development permission may appeal to the county physical and land use planning liaison committee within fourteen days of receiving the decision.
|
| (6) |
Whereupon the registered owner of a property fails to comply with the decision of the county liaison committee, the County Executive Committee Member shall initiate enforcement process in accordance to section 72 of the Act.
|
|
PART VI – MISCELLANEOUS PROVISIONS
| 29. |
Registers maintained by the County Executive Committee Members
| (1) |
The County Executive Committee Member shall prepare and maintain registers in accordance with section 62 of the Act containing the information set out in the Second Schedule relating to—
| (a) |
all submitted applications as per the Third Schedule of the Act;
|
| (b) |
all decisions to approve, defer, reject or revoke a development permission;
|
| (c) |
all communication made and received pursuant to development applications; and
|
| (d) |
all decisions on modification of conditions of development permission.
|
|
| (2) |
Any person may request for the information contained in the registers by submitting a written request indicating the scope of the information sought their reason and purpose for obtaining the information sought.
|
|
FIRST SCHEDULE
FORM PLUPA/DC/1A (r. 3(1))
Registered Number of Application ..............................
To the ..............................
(Insert Name and address of the appropriate County Government Office)
I/We hereby apply for permission to develop the land and/or building as described in this application and on the attached plans and drawings.
Date ..............................
Coordinates of Property/Plot (UTM) ..............................
Section A—General Information
| 1. |
Owner’s name and address ..............................
|
| 1. |
Applicant’s name and address ..............................
|
| 3. |
If applicant is not the owner, state interest in the land e.g. leasee, prospective purchaser, etc. and whether the consent of the owner to this application has been obtained.
| (a) |
L.R. or parcel No ..............................
|
| (b) |
Road, District and Town ..............................
|
| (c) |
Acreage ..............................
|
|
| 4. |
If an application has been previously been submitted state the registered number of the application ..............................
Section B—Subdivision
|
| 1. |
Describe briefly the proposed subdivision including the purposes for which land and/or buildings are to be used ..............................
|
| 2. |
State the purpose for which land and/or buildings are now used. If not now used, the purpose for which and the date on which they were last used ..............................
|
| 3. |
State whether the construction of a new or an alternative of an existing means of access to or from a road is involved ..............................
|
| 4. |
| (a) |
Water supply ..............................
|
| (b) |
Sewerage disposal ..............................
|
| (c) |
Surface water disposal ..............................
|
| (d) |
Refuse disposal ..............................
|
|
| 5. |
Give details of any relevant easements affecting the proposed subdivision .......................
Section C—Extension of Lease or Use or Change of user
|
| 1. |
State whether subdivision is involved and if so whether permission has been applied for and if so give registered number of the application ..............................
|
| 2. |
Describe briefly the proposed development including the purpose for which land and/or buildings are to be used ..............................
|
| 3. |
State the purpose for which land and/or buildings are now used. If not now used, the purpose for which and date on which they were last used ..............................
|
| 4. |
State whether the construction of a new or alternative of an existing means of access to or from a road is involved ..............................
|
| 5. |
If the proposed development consists only of a change of use and does not involve building operations state the exact nature of such change ..............................
|
| 6. |
If the site abuts on road junction, give details and height of any proposed walls, fence, etc., fronting thereon......................
|
| 7. |
| (a) |
Water supply ..............................
|
| (b) |
Sewerage disposal ..............................
|
| (c) |
Surface water disposal ..............................
|
| (d) |
Refuse disposal ..............................
|
|
| 8. |
Give details of any relevant easements affecting the proposals ..............................
|
| 9. |
| (a) |
Area of land affected ..............................
|
| (b) |
Area covered by buildings ..............................
|
| (c) |
Percentage of site covered ..............................
by existing buildings ..............................
by proposed buildings ..............................
|
|
| 1. |
Describe briefly the proposed development including the purpose for which land and/or buildings are to be used ..............................
|
| 2. |
State the purpose for which land and/or buildings are now used ..............................
|
| 3. |
State whether the construction of a new or alternative of an existing means of access to or from a road is involved ..............................
|
| 4. |
If the proposed development consists only of densification of use and does not involve building operations state the exact nature of such densification ..............................
|
| 5. |
If the site abuts on road junction, give details and height of any proposed walls, fence, etc., fronting thereon ..............................
|
| 6. |
| (a) |
Water supply ..............................
|
| (b) |
Sewerage disposal ..............................
|
| (c) |
Surface water disposal ..............................
|
| (d) |
Refuse disposal ..............................
|
|
| 7. |
Give details of any relevant easements affecting the proposals..................
|
| 8. |
| (a) |
Area of land affected ..............................
|
| (b) |
Area covered by buildings ..............................
|
| (c) |
Percentage of site covered by existing buildings ..............................
|
| (d) |
Percentage of site covered by proposed buildings ..............................
|
|
| 1. |
State the purpose for undertaking demolition ..............................
|
| 2. |
Provide a Clear description of the proposed methods of demolition including the volume of works ..............................
|
| 3. |
State method and place of:
a) Storage of debris ..............................
b) Disposal of debris ..............................
NB: Demolitions do not constitute permission for alteration of structures
Attached an EIA & A report
Section F-Easements and wayleaves
|
| 1. |
State the purpose of the proposed easement or wayleave ..............................
|
| 2. |
Provide a clear description of the proposed easement or wayleave including the area, coordinates and any other important factor ..............................
|
| 3. |
| (a) |
Any existing physical developments along the proposed area ..............................
|
| (b) |
Type of land use activities along the proposed area ..............................
|
Note.—Drawing and specifications must be prepared and signed by licenced professionals
If filled by Agent:
Name ..............................
Address ..............................
Profession ..............................
Registration Number..............................
|
FORM PLUPA/DC/1B (r. 3(1))
Registered Number of Application ..............................
TO ..............................
(Insert Name and address of the appropriate County Government Office)
From ..............................
Reg Architect(s) No ..............................
E-mail ..............................
Mobile No ..............................
P.O. Box ..............................
Having duly been appointed as the Project Architect(s), I/We submit herewith Building Plans and particulars in a manner prescribed in the Physical and Land Use Planning Act that requires a Licenced Architect submits in accordance to Section 59 of the Act.
Description of Project:
|
(a) Freehold
|
☐
|
|
(b) Leasehold
|
☐
|
|
(c) Registered community
|
☐
|
|
(d) Share Certificate
|
☐
|
(Share certificate to be accompanied by): ..............................
|
Single Dwelling
|
☐ Details: ...............
|
|
Multiple Dwelling
|
☐ Details: ...............
|
|
Industrial
|
☐ Details: ...............
|
|
Institutional
|
☐ Details: ...............
|
|
Commercial
|
☐ Details: ...............
|
|
Comprehensive
|
☐ Details: ...............
|
|
Other (Specify)
|
☐ Details: ...............
|
| (f) |
Water supply by ..............................
|
| (g) |
Method of Sewerage Disposal ..............................
|
| (vi) |
(a) Number of dwellings/units with seperate occupation ..............................
|
| (vii) |
Plinth Areas; (For fees calculations only) must include porches, veranda, balconies, garages, swimming pools etc ...............................
|
|
Development Level
|
Existing M2
|
New M2
|
|
Basements
|
|
|
|
Ground Floor/s/
|
|
|
|
Mezzanine Floor/s
|
|
|
|
1st Floor
|
|
|
|
2nd Floor
|
|
|
|
3rd Floor
|
|
|
|
4th Floor
|
|
|
|
Others
|
|
|
|
Total (Submissions)
|
|
|
| 8. |
Estimated Cost of the Project
|
| 9. |
Construction Materials of Approved Standard and Specifications:
| (a) |
Foundation ..............................
|
| (b) |
External walls ..............................
|
| (c) |
Mortar ..............................
|
| (d) |
Roof cover ..............................
|
| (e) |
Damp proof course ..............................
|
| (f) |
Finishes ..............................
|
|
| 10. |
In the event of the accompanying plans being required to be amended in any way in order that they may be approved by the County Government, I/We agree that for the purpose of Section 126 (c) of the Public Health Act (Cap. 242) that the date of deposit shall be the date on which plans are re-deposited with the County after amendments have been satisfactorily made.
|
FORM PLUPA/DC/ 1C (r. 3(1))
Registered Number of Application..............................
Appendix B: Standard Certification by The Qualified Person for Structural Works.
1. In accordance with Regulation 9 of The Building Control Regulations, I, .............................., the Qualified Person for structural works appointed under section 8(1)(a) or 11(1)(d)(i) of the Building Control Act., hereby submit the detailed structural plans and design calculations prepared by me and certify that they have been prepared in accordance with the provisions of the Building Control Regulations, the Building Control Act and any other written law pertaining to buildings and construction for the time being in force.
2. I further certify that these detailed structural plans and design calculations are in reference to Project Ref. No: ..............................
3. Total number of structural plans submitted: ..............................and total number of pages of design calculations in this book: ..............................
..............................
..............................
|
Qualified Person for Structural Works
|
Date
|
|
Signature and Stamp
|
|
I hereby indemnify (having duly completed The Indemnity Form PLUPA/DC/....) the County Government of ..............................from any claims that might arise during building construction or as a result of building collapse or loss of life.
FORM PLUPA/DC/1F (r. 3(1))
Registered Number of Application ..............................
To the Cabinet Secretary ..............................
| 1.0. |
Name of Applicant ..............................
| (a) |
Contacts ..............................
|
| (b) |
Physical Address ..............................
|
| (c) |
Telephone ..............................
|
| (d) |
e-mail ..............................
|
| (e) |
Permanent Postal Address ..............................
|
|
| 2.0 |
| (a) |
County(s) ..............................
|
| (b) |
Sub-County(s) ..............................
|
| (c) |
Ward(s) ..............................
|
| (d) |
Road ..............................
|
|
| 3.0 |
| (a) |
Land Tenure(Public/Private/Community) ..............................
|
| (b) |
Acreage (Hectares) ..............................
|
|
| 4.0 |
Nature of the project ..............................
|
| 5.0 |
(1.) Indicate type of development permission sought ..............................
|
FORM PLUPA/DC/ (S. 20(j)
To ..............................
County Director of Physical and Land Use Planning
You are hereby authorised to
| a) |
consider the following development application and approve, defer or refuse development permission of:
Application Number ..............................
Submitted on ..............................
For permission to, ..............................
On L.R. No .............................. With coordinates ...............................
Situated in ................................ Road ..............................
|
| b) |
issue.............................. (other relevant development control instruments) with respect to proposed development or existing development on:
On L.R. No .............................. With coordinates ..............................
Situated in .............................. Road ..............................
Name ..............................
Signed .............................. Date ...........................
County Executive Committee Member
for Physical and Land Use Planning
c.c.
National Land Commission
The Land Registrar.
Director of Surveys
The City/Municipal/Town Manager.
Land Administration Officer
|
FORM PLUPA/DC/2 (r. 3(3)(xi)
NOTICE IS HEREBY GIVEN THAT ..................... of ........................ has applied to ................... for permission to subdivide land situated at [address of property) .............................. with coordinates .............................. a plan of the site and plans and details of the proposed subdivision is deposited .............................. and may be inspected free of charge between the hours of .............................. and ..............................* until the .............................. day of .............................., 20 ..............
Any person who wishes to make any representations or objections to the proposed subdivision should serve notice of such representations or objections in writing on ..............................
P.O. Box ..................... not later than ..................... day of ............... 20............
and shall at the same time submit a copy of such representations or objections by notice served on the undersigned at the address mentioned below.
Signed ..............................
Dated this ..............................day .............................., 20 ..............
Name of the Registered Planner .............................. Reg. No ...........................
*Not more than fourteen (14) days from the date of the first advertisement shall be allowed for inspection of the plan.
**Not more than twenty-one (21) days from the date of the first advertisement shall be allowed for the submission of representations and objections
FORM PLUPA/DC/3 (r. 3(3)(xi)
The registered owner of Plot L.R No ......................... located in ......................... area, proposes to;
| (a) |
.......... (change use, extend use, density the use) from ........................ to .................... subject to approval by the County Government of......................; or
|
| (b) |
.................. (extend lease, renew lease ) subject to approval by the County Government of ........................
|
Individuals, institutions, members of the public etc. with comments and or objections to the proposal are requested to forward them in writing within fourteen (14) days of this notice to:
The County Executive Committee Member
County Government of ..............................
P.O. Box ..............................
Name of the Registered Planner ............................... Reg. No .............................
FORM PLUPA/DC/4 (r.
The registered owner of this plot no..................... in....................... area proposes to;
a) Change/ extend/ density its use from..................... to...................
b) Extend/ Renew Lease
SUBJECT TO A PPROVAL BY THE COUNTY GOVERNMENT OF................ IN DIVIDUALS, IN STITUTIONS OR MEMBERS OF THE PUBLIC WITH COMMENTS AND OR OBJECTIONS TO THE PROPOSAL ARE
REQUESTED TO FORWARD THEM IN WRITING WITHIN FOURTEEN (14) DAYS OF THIS NOTICE TO:
The County Executive Committee Member,
County Government Of..........................
P.O Box.......................................
..............................................
Dated:.......................................
Name of the Registered Planner.................. Reg. No.......................
FORM PLUPA/DC/5 ((r. 5( 1))
County Government of ...................................
Department/Section of Physical and Land Use Planning .....................
On ........................ Before .............................
(Name and Title of the Officer),
Personally/electronically received the application Ref No .................. on Plot L.R No ................ located along ................. Road in ............ area, ................... Sub-County for the proposed ................... hereby acknowledge receipt of the application with the attachments mentioned below:
| (a) |
.............................
|
| (b) |
.............................
|
| (c) |
.............................
|
| (d) |
.............................
|
| (e) |
.............................
|
| (f) |
.............................
|
Name of the Applicant ...........................................
ID No of the Applicant ..........................................
Registration No of Registered Professional ......................
This certificate will be deemed to be an approval, where the applicant does not receive written response to this application within 60 Working Days as per the provisions of Section 58 (6) of this Act.
Name of the Receiving Officer ......................
Designation ........................................
Signature ...................................(Stamp)
CC:
County Executive Committee Member
The Applicant
FORM PLUPA/DC/6A (r(7)(5))
|
RECEIPT DATE & STAMP
|
COUNTY GOVERNMENTOF
|
SubCountyCode
|
PLANREGISTRATIONNUMBER
|
|
|
|
|
|
Received By:
|
SUBMITTED PLANNINGCIRCULATION SHEET
|
Pre-Vetting By:
|
|
|
|
|
|
DEVELOPERPARTICULARS
|
DESCRIPTION OF DEVELOPMENT
|
|
TYPE OFSUBMISSION
|
|
Name;
|
Change of user
|
|
Plot No
|
|
Preliminary
|
|
PO Box:
|
Ext of Use
|
|
Plot Size (Ha)
|
|
Full
|
|
|
Ext of Lease
|
|
Estate/Area
|
|
Complimentary
|
|
Telephone
|
Master Plan
|
|
Road/ Street
|
|
Amendment
|
|
|
Detailed Planning
|
|
|
|
Regularization
|
|
SUBMITTING PLANNER
|
Ext of Lease
|
|
Ward
|
|
FEES & CHARGES
|
|
Name:
|
Subdivision
|
|
No of subplots
|
|
|
|
Reg No:
|
Amalgamation
|
|
|
P.O. Box:
|
Out door Advert
|
|
Type ofstructure
|
|
|
|
|
Structure
|
|
|
Telephone:
|
|
|
|
|
|
|
E- mail:
|
|
|
|
|
|
|
|
|
TOTAL
|
|
|
CIRCULATION
|
First
|
|
|
Second
|
|
|
STAGE
|
DAYS
|
Dept.
|
|
MONITOR
|
ACTIVITY
|
RESPON-SIBLE
|
DATE
|
|
1
|
5
|
Physical Planning
|
|
|
Circulation RecordingDispatch/ReceivingZoning/RequirementsPlanning StandardsRiparian Reserves
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2
|
2
|
Environment
|
|
|
EnvironmentalStandards
|
|
|
|
3
|
3
|
Public Health
|
|
|
Public Health By-LawsCommenting
|
|
|
|
4
|
3
|
Engineering/PublicWorks
|
|
|
Roads & RelatedInfrastructure
|
|
|
|
5
|
3
|
Survey
|
|
|
Survey BoundariesEasement of Way leaves
|
|
|
|
6
|
3
|
Lands
|
|
|
EncumbrancesCaveatsOwnership Status
|
|
|
|
7
|
2
|
Water & Sewerage
|
|
|
Sewage LinesBio Box Capacity
|
|
|
|
8
|
5
|
KENHA/KERRA/KURA
|
|
|
Classification, RoadSize
|
|
|
|
RECOMMENDATION FOR APPROVAL
|
|
Agenda ItemNo.
|
TechnicalCommitteeMeeting Date
|
|
Signed: ...............Name: .................The Director, Lands, Housing and Physical PlanningDate: .................
|
|
|
Conditions of Development Approval
|
|
i
|
Submission of satisfactory buildings plans within one year and completion of construction within two years otherwise the approval lapses;
|
|
|
ii
|
Payment of revised ground rent as will be determined by the National Land Commission;
|
|
|
iii
|
Payment of revised rates as will be determined by the Director o f Valuation—County Government of;
|
|
|
iv
|
The land must be free from any encumbrances and/or any disputes;
|
|
|
v
|
Subject to compliance of the Physical Planning Act;
|
|
|
vi
|
Subject to Compliance with Zoning Policy of the County Spatial Plan;
|
|
|
vii
|
Subject to provisions of appropriate setback(s) as per Building Code;
|
|
|
viii
|
Subject to provisions of adequate and functional onsite parking to the satisfaction of the Chief Officer, Roads, Transport and Public Works;
|
|
|
ix
|
Subject to traffic management report for the development to be prepared and submitted to the County Chief Officer - Roads, Transport and Public Works for approval before commencement of the works;
|
|
|
x
|
Subject to Civil Engineering drawings being submitted for approval by Chief Officer Roads, Transport and Public Works for approval before commencement of the works;
|
|
|
xi
|
Subject to submission of water supply and sewerage reticulation designs to the Chief Officer - Water, Environment and Natural Resources;
|
|
|
xii
|
Change of user/extension of user/sub divisions should be effected within one year otherwise the approval lapses;
|
|
______________
1
See approval conditions overleaf
|
Survey
|
|
|
|
Lands
|
|
|
|
Water & Sewerage
|
|
|
|
KENHA/KERRA/KURA
|
|
|
|
Physical Planning
|
|
|
|
Environment
|
|
|
|
Public Health
|
|
|
|
Engineering/Public Works
|
|
|
FORM PLUPA/DC/6B (r(7)(5))
|
RECEIPT DATE & STAMP
|
COUNTY GOVERNMENTOF
|
SubCountyCode
|
PLANREGISTRATIONNUMBER
|
|
|
|
|
|
|
|
|
Received By:
|
SUBMITTED ARCHITECTURAL PLANSCIRCULATION SHEET
|
Pre-Vetting By:
|
|
|
|
|
|
AgendaItem No.
|
Technical CommitteeMeeting Date
|
|
Signed: ........Name: .........The Director, Lands, Housing and PhysicalPlanningDate: ..........
|
|
|
|
|
|
|
Conditions of Building Plans Approval
|
|
|
i
|
Submission of satisfactory structural designs and calculations;
|
|
|
ii
|
Submission of certificate as to workmanship;
|
|
|
iii
|
Submission of satisfactory plumbing and drainage details;
|
|
|
iv
|
Submission of satisfactory electrical and ICT scheme designs;
|
|
|
v
|
Submission of satisfactory mechanical ventilation scheme;
|
|
|
vi
|
Submission of drawings for ground soakage septic tank or conservancy tank to be approved and constructed to the satisfaction of the County Chief Officer - Roads, Transport and Public Works;
|
|
|
vii
|
Satisfactory surface water drainage to be agreed on site;
|
|
|
viii
|
All debris and excavated materials to be dumped on site approved by the County Chief Officer - Water, Environment and Natural Resources;
|
|
|
ix
|
Canopy approval;
|
|
|
x
|
Replacement of cut down trees and landscaping implementation to the satisfaction of the County Chief Officer - Water, Environment and Natural Resources;
|
|
|
xi
|
Satisfactory canalization of river to the approval and satisfaction of the County Chief Officer - Water, Environment and Natural Resources;
|
|
|
xii
|
Structures coloured yellow to be demolished and debris dumped on site approved by the County Chief Officer - Water, Environment and Natural Resources;
|
|
|
xiii
|
Strip of land coloured blue being reserved for road widening;
|
|
|
xiv
|
Temporary access to the plot to be constructed/provided to the satisfaction of the County Chief Officer - Roads, Transport and Public Works;
|
|
|
xv
|
Road frontage landscaping scheme to be approved and implemented to the satisfaction of the County Chief Officer - Roads, Transport and Public Works;
|
|
|
xvi
|
Subject to traffic management report for the development to be prepared and submitted to the County Chief Officer - Roads, Transport and Public Works for approval before commencement of the works;
|
|
|
xvii
|
The land must be free fr om any encumbrances and/or any disputes;
|
|
|
xviii
|
The developer obtaining the required completion/occupation certificate;
|
|
|
xix
|
Compliance with the approved Zoning Policy and approved physical and land use development plans
|
|
|
xx
|
Compliance with prescriptions of the National Building code
|
|
|
xxi
|
Compliance with conditions from the relevant national highway authority for development directly accessing national trunk roads
|
|
|
xxi
|
The development not falling within an existing/designated electricity power or any other way leave;
|
|
|
xxii
|
Pre-treatment of all effluents to the satisfaction of the County Chief Officer - Water, Environment and Natural Resources before discharge to the Public Sewer;
|
|
|
xxiii
|
Treatment of all effluents to the satisfaction of the County Chief Officer - Water, Environment and Natural Resources before discharge to the Natural Water Course;
|
|
|
xxiv
|
Permit for hoarding, scaffolding or erection of cranes
|
|
|
Architect - Development Control
|
|
Permitted Ground CoveragePermitted Plot RatioCar Parking RequirementsOther Requirements
|
Actual Ground CoverageActual Plot RatioCar Parking Provision
|
|
Public Health
|
|
Engineering/Public Works
|
|
|
|
Public Health
|
|
|
|
Engineering/Public Works
|
|
|
FORM PLUPA/DC/8 (r. 8(3)(i))
To ...................................................................
Your application number as above, submitted on ......................
For permission
to .................................................................
....................................................................
L.R. a Parcel No.................. With coordinates ...............
Situated in....................... Road ..........................
Has been ......................... by the County Executive Committee Member
On (date) ........................
for the following reasons/subject to the following conditions:
| (a) |
..................................................................
|
| (b) |
..................................................................
|
| (c) |
..................................................................
|
| (d) |
..................................................................
|
Name .................................................................
Signed ............................. Date ............................
County Director of Physical Planning .................................
c.c.
The National Land Commission, Nairobi.
The Land Registrar.
The City/Municipal/Town Manager.
The Director-General-Physical and Land Use Planning, Nairobi.
The Director of Surveys, Nairobi.
APPROVAL CONDITIONS
| 1. |
When considering applications for subdivisions the County Government may impose conditions of approval in respect of the matter enumerated below, and after implementation of such approval the conditions shall be binding upon the owner, successors and assigns;
|
| 2. |
When considering applications for building plans, a planning authority shall adhere to specifications contained in the National Building Code.
|
| 3. |
The type and form of development to be carried out or permitted and the size, form and situation of holding and the conditions on which such holdings may be transferred.
|
| 4. |
The surrender of land for roads and public purpose or for other purposes referred to in the Act section 55 and Third Schedule (7) which shall be surrendered to the National or relevant county government free of cost and managed by the National Land Commission.
|
| 5. |
The character and type of roads and publie utilities or other works, including the standard of construction and/or maintenance of a road, water supply, drainage and sewerage works which are to be undertaken and completed by the applicant for subdivision at the applicant’s cost.
|
| 6. |
Provision as to the forms of security to be given by the applicant of any conditions imposed and provision as to the right of the local authority to carry out any such conditions at the expenses of the applicant.
|
| 7. |
The co-ordination of the subdivision of contiguous properties in order to ensure the proper development of such properties.
|
| 8. |
The transfer free of charge to National Government or County Government of any land reserved in accordance with the provisions of this Act hereof may be by the applicant.
|
| 9. |
The registration by the applicant of any conditions imposed in the deed of the title of the property.
|
FORM PLUPA/DC/9 (r. 8(5))
To The Chairman National Land Commission
An application for development permission was presented by .................... on .......... with respect to L.R. a Parcel No. ........... Situate in ................. road .............. The application was approved on ............... (date) .......... by the County Executive Committee Member responsible for matters related to physical and land use planning County Government of ................... subject to surrender free of cost to the County Government of .......... the following:
| (a) |
............ hectares for use as ................
|
| (b) |
............ hectares for use as ................
|
| (c) |
............ hectares for use as ................
|
| (d) |
............ hectares for use as ................
|
| (e) |
............ hectares for use as ................
|
as indicated in the attached certified approved plan number ................
Date ...................... Name in full ..............
Signed ................................................
County Executive Committee Member
County Government of ..................................
c.c.
The Chief Land Registrar.
The Director-General of Physical and Land Use Planning
The Director of Surveys
The Director of Land A dministration in the Ministry responsible for land matters
Other relevant Agencies
FORM PLUPA/DC/10 (r. 15(2))
Certificate No. ...............
Name and Address of Applicant ...................................
Type of Development (Industrial, Commercial, etc.) ..............
On L.R./Parcel No. ............. with coordinates ............... situated in ............
Road ................. locality (City, Municipality, Township, etc.)
Received from ............... (County Government) by ............... Ref. No. .......... of ..............
This is to certify that the application above is in compliance with:
| (a) |
Approved Development Plan No.
|
| (b) |
Approved Subdivision Plan/Advisory Plan No.
|
| (c) |
Special conditions specified in the Notification of Approval Form PLUPA ...........
dated ......... day of ........ 20 ......... with respect to Registered Application No.....................
|
|
Issued by ......................................................................................
|
|
|
(Name of Officer)
|
|
|
...........................................................................
|
|
|
Sign
|
|
County Director of Physical Planning
For: County Executive Committee Member
Department Seal
FORM PLUPA/DC/11 (r. 15(2))
To:
Your application for Occupation Certificate submitted on: ...................
LR. No.......................................................................
Plot Coordinates ............................................................
Situated in .................................................................
has been received and considered for issuance of:
| (a) |
Temporary Occupation Certificate valid for .............................
|
Subject to the following conditions:
................................................................................................
................................................................................................
................................................................................................
Permanent Occupation Certificate
Subject to the following conditions:
................................................................................................
................................................................................................
................................................................................................
(Temporary to be issued for temporary buildings, incomplete buildings certified fit for partial occupation while permanent occupation will be issued for permanent buildings fully constructed and certified fit for occupation)
Name in full ...........................................................................
Sign .........................................................................................
Date .........................................................................................
Designation ...............................................................................
For: County Executive Committee Member
Cc:
County Architect
County Engineer
County Public Health officer
FORM PLUPA/DC/12 (r. 16(3))
To: ................................................
................................................
Your approval number ................. issued on ................
For permission to .................... on ................... LR. a Parcel No .......... Situated in .......... Road .............. has been revoked on date (date) ............ by the ..............
For the following reasons/subject to the following conditions:—
| (a) |
..................................................................
|
| (b) |
..................................................................
|
| (c) |
..................................................................
|
| (d) |
..................................................................
|
| (e) |
..................................................................
|
Date .............................. Name in full .........................
Signed ...................................................................
County Executive Committee Member
County Government of ........................
Cc:
Cabinet Secretary, Ministry of Lands and Physical Planning, Nairobi
National Land Commission.
Director-General of Physical Planning, Nairobi
The Director of Surveys, Nairobi.
The Land Registrar
County Secretary
FORM PLUPA/DC/14 (r. 13(1))
Approval Ref No: ...........................
Submission Certificate No ..................
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I, hereby give notice that I intend to carry out the development as per;
a. the development permission and that I shall comply with the conditions as well as notify the County Government to undertake inspections at each stage as they County may prescribe.
b. Provisions of section 58(6) of the Act, where sixty days from the date of submission of application have lapsed.
(Delete as appropriate)
The development shall commence on ............... day of ........ 20..........
Name of Applicant(s): ...................................
Sign........................ Date .......................
Address: ................... Tel: .......................
Email: ..................................................
Enclosures
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Copy of the submissions certificate (where approval not granted)
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Copy of the National Construction Authority Compliance Certificate No (Where applicable) .........
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Copy of the Environmental Impact Assessment (EIA) License (Where applicable) ...........
Cc:
National Construction Authority
Architectural Association of Kenya
National Environmental Management of Kenya
Kenya Institute of Planners
Institution of Surveyors of Kenya
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FORM PLUPA/DC/15 (r. 13(2)(iii))
Ref no. .....................................
Date ........................................
The owner ...................................
REGISTRATION NO: ............................
BUILDING NAME:...............................
PLOT NO. L.R.: ..............................
STREET/ROAD: ................................
TOWN ........................................
To ensure that the proposed project is implemented in conformity with the development permission No ........... granted on ............ day of ............ 20........, the planning authority wishes to visit the project site on ............... day of ........... 20......... for purposes of;
a) Confirming compliance with conditions granted in the development permission
b) Identifying any material variations from the development permission,
c) Authorizing implementation of the next phase of the project
Name in full ........................................
Sign ................................................
Date ................................................
Designation .........................................
For County Executive Committee Member
SECOND SCHEDULE
SCHEDULE [r. (4)]
PART I
The development specified in the first column is permitted subject to the conditions set against in the second column:
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DEVELOPMENT
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CONDITIONS
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Description of Development Conditions
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1. The height of such buildings shall not exceed the height of the original dwelling house.
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Class I—Development within the cartilage of dwelling-house.
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2. Standard conditions Nos. 1 and 2.
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(a) The enlargement, improvement or other alterations of a dwelling-house materially affecting the external appearance of the building so long as the cubic content of the original dwelling house (as ascertained by external measurement) is not exceeded by more than 50 cubic meters or one-tenth whichever is the greater subject to a maximum of 133 cubic meters,
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(b) construction within the curtilage of a hard surface for a purpose incidental to the enjoyment of the dwelling house
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Class II—Sundry minor operations
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Standard condition Nos. 1, 2, 3 and 4.
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l .The erection or construction of gates fences walls or construction of enclosure not being within the cartilage of a dwelling-house not exceeding two meters in height and the maintenance, improvement or other alterations of such gates, fences, walls or other means of enclosure, except on the road transaction.
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No improvement or alteration shall increase the height above the height prescribed by the planning authority
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No operations carried out shall materially affect the external appearance of the premise
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2. The painting of the exterior of any building or work otherwise than for the purpose of advertisement
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Standard condition Nos. 1, 2, 3 and 4.
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Class III—Change of user
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Standard conditions 1, 2, 3 and 4
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Development consisting of a change of use to:
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(a) (i) Use of a light industrial building defined by the Physical and Land Use Planning Hand Book or guidelines and circulars issued by the cabinet secretary under section 10(b) of the Act.
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(ii) Use of a general industrial building as so defined;
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(b) Use as any type of shop except—
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(i) a drive-in shop;
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(ii) a fast foods shop;
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(iii) a butcher shop;
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(iv) a shop for the sale of pet animals or birds,
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(iv) a shop for the sale of motor vehicles fr om use as any type of shop.
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(v) Mobile money transfer with a booth not exceeding 3 square meters
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Class IV— (a) Temporary buildings and uses
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Such buildings and structures shall be removed at the expiration of that period and where they were sited on any such adjoining land, that land shall be reinstated
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The use of land for any purpose for not more than twenty-eight (28) days in total in any calendar year, and the erection or placing of movable structure on the land for the purposes of the permitted use.
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Standard conditions 1, 2, 3 and 4
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(b) Provision of movable structures, plant or machinery required temporarily for the duration of permitted operations being carried out on land
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Class V—Development for industrial purposes
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Standard conditions Nos. 1 and 2.
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The deposit by an industrial undertaker if the waste material or refuse resulting fr om an industrial process on any land comprised in a site which was used for such deposit otherwise than in contravention of previous planning control, on the appointed day.
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Class VI—Repairs to roads and ways
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Standard conditions Nos. 1 and 2.
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The carrying out of works required for maintenance or improvement of roads or ways not under the control of a highway authority being works carried out on land within the existing limits of such roads or ways.
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Class VII Repairs to infrastructure by competent authorities
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Standard condition Nos. 1, 2, 3 and 5.
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The carrying out of any works for the purpose of inspecting, repairing, or renewing sewers, mains, pipes, cables or other apparatus, including the breaking open of any land for that purpose.
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The relevant agency shall notify the county government of its intention to commence erection, construction, maintenance,emergency repairs improvement or other alteration works. The county government shall inform persons ordinarily resident in the affected areas of the time the work will commence
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Class VIII—Rebuilding of existing buildings and plant, the rebuilding, restoration or replacement of buildings, works or plant which were in existence on the appointed day
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1. The cubic content of the works or plant shall not be increased by more than ten per centum.
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2. There shall be no material alteration fr om the external appearance, as on the appointed day except with the approvalof the planning authority
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Class IX—Development by a county governmentor statutory undertaker
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3. Standard conditions Nos. 1, 2 and 3.
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1 . (i) The erection, construction, maintenance, emergency repairs improvement or other alteration by the National or respective county government, road agencies as established under the Kenya Roads Act No. 2 of 2007, public utilities bodies, ICT works:
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The relevant agency shall notify the county government of its intention to commence erection, construction, maintenance,emergency repairs improvement or other alteration works. The county government shall inform persons ordinarily resident inthe affected areas of the time the works will commence
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(ii) Such buildings, works and equipment as are required on land belonging to or maintained by them for the purposes of any related and appropriate functions exercised by them on that land;
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(iii) Development carried out by the National or county government under Article 66 in the interest of defence, publicorder, public morality, public health or land use planning
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(iv) Lamp stands, fire alarms, public drinking fountains, street name plates, refuse bin or baskets, information kiosks,passenger shelters, street public shelters and seats, barrier for the control of persons who are waiting to enter public vehicles and such other similar structures or works as may be required in connection with the operation of any public service.
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Standard condition No. 2.
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2. The deposit by a county government of waste material or refuse on any land comprised in a site which was used for that purpose otherwise than in contravention of planning permission.
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Standard condition No s. 1 an d 2.
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PART II – STANDARD CONDITIONS
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This permission shall not authorize any development which involves the formation laying out or material widening of a means of access to a trunk or county road or a public street as defi ned in the Kenya Roads Act, 2007.
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No development shall be carried out which creates an obstruction to the view of persons using any road used by vehicular traffic at or near any bend corner, junction or intersection of any roads so as to be likely to cause danger to such persons.
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No part of any building shall project beyond any building line laid down for the holding or plot.
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The planning authority will prescribe colour of paint for exterior surface of buildings.
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Compliance with national and county specific physical and land use policies including the National Physical and Land Use Development Plan, relevant Inter county Physical and Land Use Plans, relevant county physical and land use development plans.
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PART III
This part shall apply only to areas where there is an approved physical and land use development plan including a redevelopment or renewal plan.
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DEVELOPMENT
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CONDITIONS
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Class X— Conforming Development
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1. In residential use zones for the erection of dwelling-houses only, the subdivision of land shall not be less than approved plot sizes.
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Where a layout or subdivision plan has been lawfully approved and any conditions contained in such approval fulfilled the erection in any zone of purpose for which the permission of the planning authority is not normally required by the approved written document.
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2. The planning authority is satisfied that adequate provision for parking, loading and unloading of vehicles in the ease of industrial and commercial buildings or uses has been made.
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3. The approval of the planning authority to the external design appearance and materials in the case of commercial buildings and use has been obtained.
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4. For buildings fronting the main road, uniformity and character of the facade is maintained.
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5. If the development is likely to adversely affect any land in the area of a county or is likely to create or attract traffic which willresult in a material increase in the volume of traffic entering or leaving a main road or using a level crossing over a railway, evidence of relevant authority shall be provided.
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6. The developer shall before commencement of development inform the planning authority in writing of the intention and date of commencement of development.
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CLASS XI - Use for agriculture and forestry
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The use of land for purpose of agriculture or forestry including afforestation, use of buildings on land for any of those purposes, is not a development, but excludes, erection of greenhouses, engineering and mining works, processing agricultural or forest raw products
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Tree preservation order to ensure the progressive attainment of the constitutional requirement of ten percent tree cover.
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10 The planning authority may in order to preserve amenity of human settlements impose conditions for approval of development,
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Instruments that are binding on planning authorities when considering development applications
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11. (a) A planning authority shall in considering a development application be bound by:—
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(i) The National Land Use Policy and other relevant national policies
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(ii) National standards and norms on physical and land use planning
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(iii) The National Physical and Land Use Development Plan
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(iv) Approved inter county physical and land use development plans
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(v) Approved county physical and land use development plans
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(vi) Approved local physical development plans
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(vii) Approved special area plans
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vii) Gazette policy statements, guidelines and circulars on general and specific aspects issued by the cabinet secretary from time to time
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(viii) County Policies formulated by the County Executive Committee member
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(ix) treaties or conventions ratified by Kenya
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Material consideration
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12. (a) material consideration shall be considerations of a planning nature.
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(b) A planning authority shall in considering a development application have regard to:—
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(i) Specific sitting of buildings, their number, height, design characteristics, means of access, impact on neighboring land,availability of infrastructure, safeguarding land that may in future be required for road widening, preservation of structures or landscapes of historical significance, whether a proposed development may be detrimental to amenity and requirement ofpublic safety, possible effects on viability of a neighborhood possibility of creating an of fence to neighbors, protection ofcharacter of a human settlement, pedestrian and vehicular traffic considerations and communications.
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(ii) Degree to which activities on each site are related even if geographically separated, and international best practices
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(c) The following are not material considerations:—
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(i) Likelihood of creating or enhancing competition in business including protection of individual businesses.
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(ii) Financial viability of a development except if refusal of development may result in structures or land degenerating into a derelict state or if a development is likely to facilitate other development generate fund
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Planning authorities to give reasons for decisions
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13. (i) Where a planning authority grants permission for development subject to specified conditions, the planning authority shall provide reasons for each condition imposed and specify policies, plans, standards and other material considerations relevant to the decision.
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(ii) Where a planning authority refuses to approve a development, the planning authority shall provide reasons for refusal to approve a proposed development and shall in addition, specify policies, plans, standards and other material considerations relevant to the decision .
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Strategic Environmental Assessment
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14. (a) Any physical and land use development plan which sets a framework for use and development of land, shall be subjected to a Strategic Environmental Assessment
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(b) A proposed development requires a Strategic Environmental Assessment if:—
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(i) it is likely to significantly affect the environment due to its nature, size or location
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(ii) its importance transcends beyond a local geographical area
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(iii) it is situated in an environmentally sensitive area
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(iv) it may have potentially hazardous effect
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(v) It is a strategic national or intercounty project classified under regulations made by the cabinet secretary under section 69(3) of the A ct.
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15. The following types of development require a Strategic Environmental Assessment
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Type of development
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Threshold
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Greenhouses - Area of development exceeds ...Hectares
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Reclamation of land - All development
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Mining and quarrying - All development
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Construction of buildings - All development except construction of ancillary structures where the new development does not ....Square..
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Energy production Processing electronic, All Developmentradioactive Biodegradable and non-biodegradable - All Development Waste Processing food products - The area of floor space exceeds .... square meters
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Development - All development that involves processing, basic substances, blending inorganic or organic compounds, storage and distribution of chemical substances or compounds.
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Infrastructure projects that include All development
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Roads, railways, oil and gas installations, airports, harbors, dykes, jetties, sea walls, stadia, industrial parks, housing projects, malls, establishment of artificial islands, development on territorial sea, exclusive economic zone
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Criteria for determining likely effects of development on the environment
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15. The planning authority shall in determining whether a project requires a Strategic Environmental Assessment have regard to:
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(a) Whether the proposed development influences other projects
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(b) Possible duration including and reversibility of effects
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(c) Possible magnitude and spatial extent, impact on landscapes with identifiable international, national county and sub county significance, cumulative, trans boundary, risks to human, flora, fauna
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CLASS XII - Development control for conservation areas
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16. (a) where development on a conservation area is deemed permitted in connection with pipelines and transport works, the planning authority must determine whether the permission should be reviewed, and the extent to which the development is likely to negatively affect the integrity of land. The planningauthority shall conduct stakeholder meetings before allowing a developer to commence development.
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(b) where development falls within an area gazetted as a conservation area under an international convention or treaty ratified by Kenya, the planning authority shall refer the application to the cabinet secretary for policy guidance under section 10 of the Act
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XIII-Ancillary development
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Standard condition Nos. 1, 2, 3, 4 and 5 including guidelines issued fr om time to time by the cabinet secretary and county specific policies on physical and land use planning formulated by the county executive committee member under sections under sections 10 and 17 of the Act respectively
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(a) A development or use of land and buildings that is ancillary to the primary use is permitted
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(b) Planning authorities shall determine whether a development is ancillary to the dominant or primary use or not on a case by case basis
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(i) In principle, the right to use land for a dominant or primary purpose includes the right to use i t for any purpose which is ancillary.
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(ii) A development is ancillary to the primary or dominant use if it is merely part of the primary or dominant use and if the land and buildings are together used for a single dominant or primary purpose.
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(iii) The purpose determines the character of the use of the whole unit, without regard to any ancillary uses to which individual parts of the unit may be put.
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(iv) If an ancillary use is likely to become a primary use, a material change may take place, hence development permission is required.
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(v) If the use of land or buildings is not incidental or ancillary to the primary use, then if the use is material, planning permission is required
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XIV (a) Use classes
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Classification of uses aim at ensuring compatibility of uses to enhance amenity and reduce detrimental effect onneighbourhoods
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(b) (i) Use of land or building within the same class does not require an extension or change of user, however use betweenclasses or a category within a specified class requires permission form the planning authority
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(ii) Notwithstanding (i), county governments may impose conditions based on county specific policies on physical and land use planning formulated under section 10 of the Act
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(c) As a general rule county government should not license activities in classes that are not compatible
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1.Class A 1- Informal sector including hawkers, shoe shiners shoe repairers, hawkers and street vendors
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C lass A 2 - Kiosks
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Class A 3 -shops and retail outlets
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(i) Courier and tickets outlets
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(ii) Shops where goods and services are sold including mobile cash outlets
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(iii) Florists
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(iv) Merchant shops
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(v) Saloons and barber shops
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(vi) Laundry and dry cleaning
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(vii) Display of furniture, clothes
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(viii) Premises where domestic or personal goods are hired
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(ix) Cyber cafe
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(x) Groceries for of site consumption
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A4 Hardware outlets
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CLASS A5- SUPERMARKETS
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(i) Hyper Supermarkets mot e than 10,000 meter square
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(ii) Mega supermarkets 3001 to 10,000 meter square
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(iii) Large trader shops 300 to 3000 square meters
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2, GLASS B premises where die public visits for professional services, financial and insurance services, chemists, pharmacists and non invasive medical laboratories including any other service that the planning authority deemsappropriate for the location
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4 . CLASS C INFORMATION AND COMMUNICATIONS
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(a) Sale of computers and computer accessories including repair of computers
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(b) Sale of cellphones
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(c) Sale of radios and television sets
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(d) Sale of telecommunication equipment
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CLASS D MACHINERY
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D1 - Earth moving machinery
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D 2 - Sale of motor vehicles
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D3 - Sale of agricultural and power plants
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CLASS E ENERGY
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(a) Sale of batteries
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(b) Sale of solar panels
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(c) Sale of electrical installations
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CLASS F I
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• Petrol service stations
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CLASS F 2
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• Petrol filling stations
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CLASS G 1
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Universities
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CLASS G 2
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Post-secondary institutions
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CLASS G 3Post primary education
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CLASS G 4
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Secondary education
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CLASS G 5
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Primary
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Schools
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CLASS G 6
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Early childhood institutions
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3. CLASS H I Eateries for food and drink to be consumed cold onsite
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CLASS H 2 Fast foods and take away including butcheries
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CLASS H 3 Butcheries
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CLASS J Alcoholic drinks
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CLASS K - Hotels, hostels and guest houses,
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CLASS L - Cinema halls, gymnasiums, casinos, night clubs,betting shops
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CLASS M l - Hospitals,
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M 2 - Nursing homes
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M 3- invasive laboratory services,
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M 4 funeral homes
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CLASS N Veterinary services
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(a) Hospital(b) Outpatient clinic
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CLASS P - scrap metal yards, recycling of non-bio degradablematerial
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CLASS Q - garages, car wash sites
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CLASS R - automobile spare parts outlets, hardware, sale of lubricants
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CLASS S- sale of motor vehicles and agricultural machinery
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CLASS T - theatres, fanfare and amusement parks
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CLASS U 1 - Processing of human food products
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CLASS U 2 Processing animal feeds
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CLASS V Processing and storage of organic and inorganic chemical substances
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CLASS W1 Processing and storage of radio active substances
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CLASS W2 incineration, disposal of biomedical and chemical wastes
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XV ( a) Demolition of buildings or structure aimed at compliance with county specific physical and land useplanning policies and approved physical and land use plans is permitted subject to the conditions set out in the Third Schedule. The person who intends to undertake demolition under this paragraph, shall in writing notify the county executive committee member fourteen days beforecommencement of works
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(b) Demolition of any building the cubic content of which measured externally does not exceed 50 cubic meters
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(c) Demolition of the whole or any part of any gate, fence, wall or other means of enclosure except in heritage areas declared or deemed to have been declared under the National Museums and Heritage Act, 2006.
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(d) Permitted demolition shall comply with conditions listed in the Third Schedule
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THIRD SCHEDULE
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Compliance with the approved EIA & A Report
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Compliance with relevant national and county specific policies on physical and land use planning
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Compliance with relevant physical and land use development plans
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To repair and make good any damage to adjacent building or structure caused by the demolition or negligent act or omission of any person engaged in it
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To remove material or debris resulting from demolition or clearance of the site
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To remove and seal at such a point as the statutory undertaker may reasonably require, any sewer or water pipe under the building
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To make arrangements with relevant statutory undertakers for disconnection of supply of electricity and water to the building
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To leave the site following demolition in such a condition as the planning authority may consider reasonably necessary to guarantee public safety and ensure preservation of amenity
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Any other condition..............
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THE PHYSICAL AND LAND USE PLANNING (GENERAL DEVELOPMENT PERMISSION AND CONTROL) REGULATIONS
PART I – PRELIMINARY
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Citation
These Regulations may be cited as the Physical and Land Use Planning (General Development Permission and Control) Regulations.
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Interpretation
In these Regulations, unless the context otherwise requires—
"amenity" means the physical attributes in an area which contribute to the quality of the environment and its better enjoyment during any permitted use;
"ancillary use" means an activity that is subservient to the primary use of land or building;
"building" has the meaning assigned to it by section 2 of the Act;
"building" or "works" include waste materials, refuse and other matters deposited on land and reference to the erection or construction of building or works shall be construed accordingly;
"building line" means a line drawn across a plot such that no building or permanent structure, except a wall of approved design enclosing the plot, maybe within the area contained between that line and the nearest road on which the plot has frontage;
"change of user" means any alteration in the use, purpose or level of activity within any property that involves a material change that results in a use that is completely different from the previous one and will require development permission;
"class" means a category of uses within which a person does not require application for development permission;
"conformance conditions" means conditions for applications that require further professional input such as structural, civil, electrical, mechanical and Information and Communication Technology engineering designs before commencement of development;
"controlled area" means any area adjoining land developed or set aside for development of a strategic installation which includes special planning areas within the meaning of section 52(1) of the Act and areas where development may be controlled i.e. buffers, safeguarding areas, protected areas and controlled land;
"comprehensive development" means a development proposed and implemented on a defined piece of land that goes beyond one defined land use with each land use being principal;
"density" means the maximum amount of development permitted or the maximum munber of persons permitted to reside, as the case may be, on any area of land;
"densification of use" means a deliberate planning process that seeks to change and enhance the land carrying capacity of any land parcel or zone in terms of population and user activities;
"development application" means developments that relate to change of user, extension of user, extension and renewal of leases;
"development approval" means certification of a development permission by the planning authority for purposes of further necessary action by ministries, departments and agencies;
"development control instruments" means prescribed standard operating documents including forms and spreadsheets utilised in processing applications for development permission;
"development fees" means a fee levied under section 63 of the Act for development of infrastructure in relation to the property in question for general use by the residents of the area where the property in question is located;
"development permission" means permission granted by the planning authority to an applicant to develop land under section 57 of the Act;
"dwelling house" means a building including a garden that affords those who use it facilities required for daily private domestic use;
"easement" means a non-possessory interest in another’s land that allows the holder to use the land to a particular extent, to require the proprietor to undertake an act relating to the land, or to restrict the proprietor’s use to a particular extent, and shall not include a profit; and
"erection" in relation to a building includes extension, alteration and re-erection;
"extension of user" means introduction of an ancillary use in addition to the existing use within the same building or site while maintaining the dominance of the principal use on a specific parcel of land;
"ground coverage" as applied to a development means the percentage of the horizontal area of the site permitted to be used;
"highest water mark" means the highest level or boundary reached by a river or lake during floods, and by the ocean during periods of high tides;
"land use" means the economic functions or utility associated with a specific piece of land such as agriculture, industrialization, residential, transportation, public purpose, recreation, public utility or educational utility;
"licenced professional" includes a registered physical planner, registered architect, registered engineer, or, licensed land surveyor, licensed valuer and registered quantity surveyor;
"location plan" means a supporting document presented in a standard metric scale and indicating the direction of North to make the orientation clear that may be required by a planning authority as part of a development application that provides an illustration of the proposed development in its surrounding context to enable the planning authority to properly identify the land which the application refers;
"material consideration" means a matter of a planning nature that a planning authority may consider in determining a development application;
"performance conditions" means conditions discharged during implementation through interim, partial and incremental certification;
"permitted development" means development which may be undertaken without the outright permission of the relevant planning authority;
"planning guidelines" means guidelines formulated by the Cabinet Secretary under section 10(b) of the Act;
"preliminary application" means an application seeking detailed information and guidance to enable submission of a detailed application;
"relevant Professional Registration Board" has the meaning assigned to it under Physical Planners Registration Act (Cap. 536), Architects and Quantity Surveyors Act (cap. 525), Survey Act (Cap. 299), Valuers Act (Cap. 532) and Engineers Act (Cap. 530);
"riparian reserve" means the ecological buffer of earth surface not being the bed of a stream, river, ocean, dam, natural or artificial lake, swamp or riverine wetlands measured horizontally from the highest water mark and may include part of any land parcel situated at the distance from the bank within the measurements specified in regulation 14, that is protected under the Act or its use regulated under any other written law;
"strategic installation" means any installation that is classified as such under the Physical and Land Use Planning (Classification of Strategic National or Inter-County Projects) Regulations (Sub. Leg) and relevant regulations or declared as such by the Cabinet Secretary subject to a risk assessment report prepared under these regulations or developed within a strategic national project;
" subdivision" in relation to land means the division of a specific parcel of land, including buildings into units held under single ownership, into two or more parts whether the subdivision is by conveyance, transfer or partition or for the purpose of sale, gift, lease or any other purpose;
"statutory undertaker" means statutory bodies responsible under any written law within the country and any other body which the cabinet secretary may by notice in the Gazette specify to undertake activities that may lead to physical alterations to the land which has some degree of permanency;
" submission certificate" means a certificate that is issued to a person who has submitted a development application in accordance with section 62(1) of the Act;
"way leave" means a contract between the owner or occupier of land (the grantor) and a third party (the grantee) permitting the grantee to access privately-owned land to carry out works in return for some form of compensation; and
"zoning" means a regulation that defines land in a specific geographic location which can be developed and used.
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| 3. |
Object of the Regulations
The object of these Regulations is to provide for the procedures and standards for development control and the regulation of physical planning and land use.
|
PART II – CHANGE OF USER AND EXTENSION OF USER
| 4. |
Application
| (1) |
A person who seeks to put land into a use other than that which it is registered under shall apply to the planning authority for—
|
| (2) |
The application under subregulation (1) shall be required when—
| (a) |
the proposal consists of a significant change of the registered use of the land and constitutes a change of more than twenty per cent of the registered user of the land based on the plot coverage and plinth area; and
|
| (b) |
the existing registered use of land does not conform to the approved plan or the zoning regulations.
|
|
| (3) |
An extension of user application shall be required when the proposal consists of a change of the registered land use not exceeding twenty per cent in any case where a developer intends to comply with any revised physical and land use plans and land use zoning regulations.
|
|
| 5. |
Planning considerations and standards
In addition to paragraph 5 of the Third Schedule to the Act, a planning authority may consider the following matters with respect to an application under regulation 4—
| (a) |
whether or not the intended use shall be in accordance with the desirable urban form and character of the area;
|
| (b) |
where the land is needed for the establishment of wayleaves and easements, a part development plan shall be prepared showing the siting of the wayleave or easement; and
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| (c) |
the applicant shall provide an approved traffic management plan where applicable.
|
|
PART III – EXTENSION OF LEASE AND RENEWAL OF LEASE
| 6. |
Standards or considerations
In addition to paragraph 6 of the Third Schedule to the Act and the provisions of any other relevant written law, the following matters shall also be considered in repect of an application for an extension of lease or renewal of lease—
| (a) |
if the land was not developed, the land should revert back to the lessor;
|
| (b) |
whether the applicant has satisfied the previous development conditions imposed on the lease;
|
| (c) |
the applicant’s compliance with the National Land-Use Policy, land-use zoning regulations and approved National, Inter-County and County Physical and Land-Use development plans of the area;
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| (d) |
the capacity of the lessee to develop in accordance with the new conditions of the approved plan or land-use zoning regulations for the area;
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| (e) |
whether the land is required for environmental conservation and preservation; and
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| (f) |
whether portions or all of the land is required for registration of easements and way leaves for planned infrastructural facilities and other relevant way leaves.
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|
PART IV – SUBDIVISION AND AMALGAMATION
| 7. |
Application
A developer shall apply to the planning authority for planning, approval in respect of a proposed subdivision or amalgamation in areas to which these Regulations apply.
|
| 8. |
Subdivision and amalgamation schemes
| (1) |
A developer shall prepare a subdivision or amalgamation scheme in accordance with the provisions of the Third Schedule to the Act.
|
| (2) |
Where any proposed street or road or railway line or tramway is included in the subdivision scheme, the layout shall conform to the relevant planning guidelines, standards, regulations and by-laws of the planning authority.
|
| (3) |
Reference should be made to the abutting area regarding road alignment among other requirements as may be required by the relevant Road Agency and particularly—
| (a) |
a minimum road width of twelve metres shall be provided for a road reserve for a public through road;
|
| (b) |
where public roads intersect, a truncation of half the width of the lower hierachy road shall be provided;
|
| (c) |
where the road is private and the minimum is not less than nine metres wide, a truncation of four and a half metres shall be provided; and
|
| (d) |
footpaths and cycle paths that are not less than two metres wide shall be provided in all new roads.
|
|
| (4) |
Unless site conditions prohibit, each plot shall be at right angles to the road, with the shorter side fronting the road and with a regular shape for optimum use of land and integration with the general spatial form of the area.
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| (5) |
Streets shall be aligned in such a manner as to facilitate natural stormwater flow and, where necessary, the scheme shall demarcate stormwater easements.
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| (6) |
The scheme shall respect riparian and ocean reserves, wayleaves and easements.
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| (7) |
The subdivision scheme shall provide for the preservation of the natural flora and fauna as much as possible in the case of a large-scale subdivision.
|
|
| 9. |
Planning brief
| (1) |
All application for subdivision and amalgamation within urban areas, municipalities and cities shall be accompanied with a planning brief.
|
| (2) |
A planning brief under subregulation (1) shall be exempted in respect of appplications for subdivision and amalgamation of agricultural land in rural areas for less than ten parcels.
|
|
| 10. |
Surrender of land for public purposes
| (1) |
Subdivision schemes under regulation 7 may be subjected to surrender of land for public use in accordance with section 58 and paragraph 7 of the Third Schedule to the Act.
|
| (2) |
Where required by the county executive committee member, in consultation of the county director of physical and land use planning, suitable and adequate land shall be surrendered by the applicant at no cost to the County Government for open spaces, amenities, recreational facilities, excluding road reserves, a public purpose relating to the area to be subdivided or for road-widening.
|
| (3) |
Land surrendered in subregulation (2) shall be utilized for the planned purpose.
|
| (4) |
The surrender can be in the form of part of the land to be subdivided or the provision of land of equivalent size and value at an alternative suitable site.
|
| (5) |
The land to be surrendered shall be shaded in blue in the subdivision scheme.
|
| (6) |
The surrendered land shall be registered in the name of the County Government or the Cabinet Secretary responsible for matters relating to finance in accordance with the Land Registration Act (Cap. 300).
|
| (7) |
The County Government shall notify the National Land Commission of a surrender under this regulation for the purposes of allocation, processing and communication to the relevant authorities or agencies.
|
| (8) |
Relevant utility services providers may be consulted during the process of determining the most favorable location of the surrendered land for purposes of provision of utility services.
|
| (9) |
The developer or any other interested private party can apply to the County Government to use the land once it is registered to provide the public purpose service or utility for which the land surrendered.
|
|
PART V – EASEMENTS, WAYLEAVES AND RIPARIAN RESERVES
| 11. |
Utilisation of riparian reserves
| (1) |
The utilization of riparian reserves shall be in strict compliance with the provisions of approved physical and land development plans, the National Land Use Policy and any applicable written law.
|
| (2) |
In addition to the services contemplated in the Act and the Third Schedule, the following services shall also require easements or way leaves—
| (a) |
storm water drainage channels;
|
| (b) |
footpaths, pedestrian walkways and footbridges;
|
| (d) |
water irrigation canals and pipelines;
|
| (e) |
gas reticulation systems;
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| (g) |
wildlife migratory corridors;
|
| (i) |
springs and water access points;
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| (k) |
sub stations for power distribution or power-lines;
|
| (l) |
road reserves shall be managed in accordance to the Roads Act; and
|
| (m) |
vicinity of strategic developments and special planning areas such as nuclear plants, coal plants, mineral exploration sites.
|
|
| (3) |
The development of ground water facilities shall be in accordance with the Water Act and shall not negatively impact the neighboring ground water facilities.
|
|
| 12. |
Standards and considerations for easement and wayleaves
| (1) |
The acquisition of easements for private use shall be compatible with the existing developments and appropriate for the intended use.
|
| (2) |
New developments shall not extinguish obligations that come with existing way leaves and easements.
|
| (3) |
Where the way leaves are on road reserves, they shall be dealt with in accordance with the provisions of the Public Road and Roads of Access Act (Cap. 399).
|
| (4) |
Way leaves and easements shall be registered in accordance with the provisions of the Land Act (Cap. 280).
|
| (5) |
Where wayleaves and easements fall on private property, the planning authority shall apply for creation and registration under the Land Act (Cap. 280).
|
| (6) |
Way leaves and easements shall be depicted in the physical and land use development plans and survey plans.
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| (7) |
The acquisition of way leaves shall be guided by the principle of health and safety, legal clarity, public participation, environmental conservation and protection, economic viability and sustainable developments.
|
| (8) |
Siting considerations for street lights and high mast floodlights shall—
| (a) |
be at the most suitable location that affords illumination to more than one path;
|
| (b) |
be in near proximity to electricity;
|
| (c) |
provide for security of facility; and
|
| (d) |
be in proximity to trading centres and shall illuminate pathways.
|
|
| (9) |
The minimum wayleave for erecting the high mast floodlights shall be three metres in length and three metres in width.
|
|
| 13. |
Management of riparian reserves
| (1) |
Physical and land use development plans shall be prepared to guide utilization of land within riparian reserves in rural and urban areas and provide buffers for lakes, rivers, swamps and oceans beyond the riparian reserves where controlled development may be allowed.
|
| (2) |
The plans prepared under subregulation (1) shall promote controlled utilization of riparian reserves as recreational areas, open spaces, green ways and as utilities corridors among other sustainable uses.
|
| (3) |
In connection with the utilization of the riparian reserve or development of the area beyond the riparian reserve or both, the applicant shall be required to submit an Environmental Impact Assessment and Audit Report together with the development application.
|
|
| 14. |
Measurement of the extent of riparian reserves
The following standards shall apply during the measurement of riparian reserves for the purposes of these Regulations—
| (a) |
for rivers, a minimum riparian reserve of ten metres or a reserve that is equal to the average full width of the river measured from the highest water mark, whichever is higher, but which shall not exceed thirty metres, on either side of the river shall be maintained:
Provided that in the case of a flood plain, the riparian reserve may be higher as may be determined by the Water Regulation Authority:
|
| (b) |
for lakes, a riparian reserve of not less than one hundred metres and not more than two hundred metres as measured from the highest water mark shall be maintained for all lakes:
Provided that in the case of Lake Naivasha, there shall be observed a contour of one thousand eight hundred and ninety-two point eight metres above sea level;
|
| (c) |
for the Indian Ocean, a riparian reserve of three hundred metres as measured from the highest water mark shall be maintained;
|
| (d) |
for swamps measuring more than one acre, a riparian reserve of at least fifty metres and not more than seventy metres as measured from the highest water mark shall be maintained;
|
| (e) |
for swamps measuring less than one acre, a riparian reserve of at least twenty metres and not more than thirty metres as measured from the highest water mark shall be maintained;
|
| (f) |
for dams, a riparian reserve of seventy metres as measured from the highest water mark shall be maintained for all dams:
Provided that downstream of the dam, there shall be maintained a riparian reserve of at least twenty metres and not more than one hundred metres as measured from the toe of the dam as determined by structural engineer; and
|
| (g) |
for springs, a riparian reserve of at least six metres as measured from the source of the spring shall be maintained.
|
|
PART VI – REQUIREMENTS FOR SUBMISSION OF DEVELOPMENT APPLICATIONS
| 15. |
Requirement for Submission of application
| (1) |
An application for development permission shall be made in Form PLUPA/DC/1A , Form PLUPA/DC/ 1B, Form PLUPA/DC/1C, Form PLUPA/DC/1D, Form PLUPA/DC/1E or Form PLUPA/DC/1F as set out in the First Schedule.
|
| (2) |
An application for development permission shall be transmitted to the electronic address of the planning authority or submitted in paper form and shall be accompanied by—
| (a) |
a certified copy of Title Deed or certificate of title or Certificate of Lease or other documents of ownership recognised under the laws of Kenya;
|
| (b) |
a location plan indicating clearly the subject area in relation to major landmarks, roads and features;
|
| (c) |
scheme plans or building plans;
|
| (d) |
where applicable, public notification in accordance with section 58(7) and (8);
|
| (e) |
where applicable, in case of change of user, extension of user, densification of use, extension of lease, renewal of lease, subdivision and amalgamation a planning brief of the comprehensive development prepared by a registered and practising physical and land use planner in accordance with these Regulations;
|
| (f) |
where an applicant is not the registered owner of the land, the written consent of the registered owner of that land accordance with section 58(4) of the Act;
|
| (g) |
in case of change of user, extension of user, densification of use, extension of lease and renewal of lease, a copy of the notice published in at least one newspaper of nationwide circulation measuring five thousand square millimetres in Forms PLUPA/DC/2 and PLUPA/DC/3 set out in the First Schedule, that has been published for at least fourteen consecutive days prior to the date the application is submitted; and
|
| (h) |
where the application is for a change of user or extension of user, a caption of an on-site notice inviting comments from the members of the public in accordance with section 58(7) and (8).
|
|
| (3) |
Where the application has been transmitted to the electronic address of the planning authority, the written consent, public notification notice and planning brief shall be submitted in PDF format and shall—
| (a) |
not be password protected;
|
| (c) |
have line spacing of 1.5; and
|
|
| (4) |
The licensed professional shall be required to inform the registered owner of the submission and progress made in processing the development application.
|
|
| 16. |
Specification of onsite notice
The onsite notice referred to in regulation 3(2)(1) shall be in Form PLUPA/DC/4 as set out in the First Schedule and shall have the following specifications—
| (a) |
it shall be made of durable waterproof material that is capable of withstanding the extreme elements of the weather;
|
| (b) |
it shall measure at least one hundred and twenty centimetres by seventy centimetres;
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| (c) |
it shall be placed at a height of one hundred and fifty centimetres on unobstructed space;
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| (d) |
it shall be legible from a distance of at least five metres from the notice; and
|
| (e) |
it shall be placed on the boundary of the property fronting the access road.
|
|
PART VII – PROCESSING OF DEVELOPMENT APPLICATIONS
| 17. |
County Director to issue tracking number for applications
Upon submission of a development application, the County Director shall issue a submission certificate with a tracking number in accordance with section 62(1) in form PLUPA/DC/5 as set out in the First Schedule.
|
| 18. |
Payment of prescribed fees
| (1) |
In case of electronic submission, the application shall be received and downloaded by the county director of physical and land use planning subject to payment of prescribed fees in accordance to the regulations issued from time to time by the planning authorities.
|
| (2) |
Payments due to planning authorities shall be made in the form that the planning authorities may prescribe from time to time.
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| (3) |
An application shall not be considered duly completed until the invoiced amount is paid in full.
|
|
| 19. |
Registration of Development Application
Upon confirmation of payment of application fees or waiver authority, the county director shall record the application in the development applications Register in line with section 62 of the Act.
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| 20. |
Circulation and reviewing of application
| (1) |
The County Director shall transmit a copy of the application to the—
| (a) |
Director-General for projects covering two or more counties or parts thereof or those classified under projects of strategic national importance; and
|
| (b) |
the technical officers of the relevant authorities and agencies,
|
to review and comment in accordance with provisions of section 60(1) of the Act.
|
| (2) |
For projects covering two or more counties of parts thereof the Director-General shall—
| (a) |
issue an advisory or convene a meeting with the respective counties for further consultations;
|
| (b) |
constitute an inter-county committee that shall prepare and complete the Inter-County project proposal within one year from the time notice of intention to prepare the plan;
|
| (c) |
publish a notice in the Gazette and in at least two newspapers of national circulation and electronic media informing the public and request for submission of comments within thirty days;
|
| (d) |
within twenty-one days of the expiry of the notice period consider the submitted comments and may incorporate the comments in the inter-county project proposal; and
|
| (e) |
within seven days of making the decision publish it in a notice in the Gazette and in at least two newspapers of national circulation.
|
|
| (3) |
For projects classified under projects of strategic national importance the Director-General shall—
| (a) |
publish a notice in the Gazette and in at least two newspapers of national circulation and electronic media informing the public of the intention to undertake a strategic national project and request for submission of comments within sixty days; and
|
| (b) |
in consultation with the respective County Director Physical and Land Use Planning convene public hearings to receive comments.
|
|
| (4) |
For proposed projects falling within controlled areas around strategic installations, the County Director of Physical and Land Use Planning shall—
| (a) |
refer it to the Director-General for verification of compatibility to the strategic installations development plan;
|
| (b) |
transmit a copy of the application to the head of the relevant Government Ministry, Department or Agency responsible for the strategic installation comments;
|
| (c) |
upon determination that the application falls under subregulation (3) the processing shall be undertaken in accordance with the Physical and Land Use Planning (Development Control for Strategic National Projects) Regulations (Sub. Leg); and
|
| (d) |
upon determination that the application falls under (4) the processing shall be undertaken in accordance with the Physical and Land Use Planning (Development Control Around Strategic Installations) Regulations (Sub. Leg).
|
|
| (5) |
Circulation of applications in 7(1) and (2) shall be in forms PLUPA//DC/6A and 6B as applicable.
|
| (6) |
The County Director shall in accordance to sections 60 and 90(2)(f) of the Act maintain registers for circulation of applications in the format provided in forms PLUPA/DC/7A and 7B as applicable.
|
|
| 21. |
Decision-making and issuance of development permission
| (1) |
The Cabinet Secretary shall approve, decline or defer application for prescribed projects of strategic national importance in accordance with section 69(4) of the Act.
|
| (2) |
For developments adjoining strategic installation projects and other applications, the county director shall under section 20—
| (a) |
analyse the comments received during circulation;
|
| (b) |
submit the report to the County Executive Committee Member;
|
| (c) |
transmit the decision to the property owner on such electronic address provided by the licensed professional supported by email or short message; and
|
| (d) |
re-circulate deferred applications to the relevant authorities for further review and reporting.
|
|
| (3) |
Upon receipt of the report in subregulation (2)(b), the County Executive Committee Member shall—
| (a) |
grant the applicant a development permission in Form PLUPA /DC/8 set out in the First Schedule with performance and conformance conditions or without conditions;
|
| (b) |
defer the application stating the grounds of deferment;
|
| (c) |
refuse to grant the applicant such development permission stating the grounds of refusal; or
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| (d) |
authorise the County Director of Physical and Land Use Planning to communicate the decision in accordance to section 20(i) of the Act.
|
|
| (4) |
Where required by the planning authority, land suitable and adequate for public purpose shall be surrendered at no cost to the County Government as a condition for development permission.
|
| (5) |
In determining the size of land to be surrendered for public purpose under subregulation (3) the planning authority shall consider the reason for subdivision, size of land, number of resultant sub-plots, the resultant use, type and scale of development.
|
| (6) |
The County Executive Committee member shall communicate to the chairman National Land Commission of such surrender in form PLUPA /DC/9.
|
| (7) |
Where an application for demolition is approved, the applicant shall be issued with a demolition permit.
|
| (8) |
The County Government shall be indemnified against any claims that may arise from negligence and or acts of omission during the demolitions works.
|
| (9) |
Where an applicant does not receive written response within sixty days of the date the application was submitted, provisions of section 58(6) of the Act shall apply.
|
|
| 22. |
Permitted development
| (1) |
Subject to the provisions of these Regulations, development of any class specified in the Second Schedule is permitted and may be undertaken upon land to which these Regulations apply with the permission of the planning authority provided that the permission granted by these Regulations in respect of any such class of development shall be subject to any condition or limitation imposed in the said Schedule.
|
| (2) |
Nothing in this subregulation or the Second Schedule shall be deemed to permit any development which is not in accordance with any condition imposed when permission is granted or deemed to be granted under Part IV of the Act otherwise than by these Regulations.
|
| (3) |
If the planning authority is satisfied that it is expedient that development of any of the classes specified in the Second Schedule shall not be carried out in any particular development of any of the said classes unless permission is granted on application in that behalf—
| (a) |
the planning authority may direct that the permission granted by Part I of the Second Schedule shall not apply; or
|
| (b) |
the County Executive Committee Member shall publish in the Gazette categories of development in the county that require development permission.
|
|
| (4) |
A direction in respect of any particular area under subregulation (3)(a) shall be given by notice by the local authority and shall specify the effect of the direction and the name of a place where a copy thereof and a map defining the area to which it relates may be viewed at all normal hours of official business and such direction shall come into force on the date on which notice thereof is first published.
|
|
| 23. |
Exemption from development permission
The carrying out of the following works by statutory undertakers in case of emergency is exempt from the process of development permission—
| (a) |
maintenance of bridges, buildings and railway stations;
|
| (b) |
alteration and maintenance of railway tracks and provision and maintenance of track equipment, including signal boxes, signal apparatus and other appliances and works required in connection with the movement of traffic by rail;
|
| (c) |
maintenance of harbours, quays, wharves and canals;
|
| (d) |
provision and maintenance of mechanical apparatus or appliances required for the purpose of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a harbour, quay or wharf; and
|
| (e) |
any development required in connection with the improvement and maintenance or repair of water courses or drainage works, sewers, sewage disposal works base transmission stations or optic fibres.
|
|
| 24. |
Receiving and Processing of Conformance Conditions Applications
Application for Conformance Conditions shall be received by the Director-General in line with regulation 7(1), (2) or (3) or the County Director in line with regulation 7(4) who shall—
| (a) |
circulate to the relevant authorities or agencies responsible for the matter under review; and
|
| (b) |
forward the reviewed application to the Cabinet secretary the County Executive Committee Member for issuance of development permission.
|
|
PART VIII – PERFORMANCE CONDITIONS MONITORING AND INSPECTIONS
| 25. |
Implementation of performance conditions
| (1) |
The registered owner of a property or duly authorised agent shall send written notification in form PLUPA/DC/14 to the Director-General or the County Director requesting for inspection during the—
| (a) |
commencement of the project;
|
| (b) |
subsequent stages stated in the performance conditions.
|
|
| (2) |
The Director-General or the County Director shall—
| (a) |
issue an invoice subject to prescribed fees in accordance to the regulations issued from time to time;
|
| (b) |
circulate the notification to the relevant authorities or agencies to carry out the inspection; and
|
| (c) |
notify the registered owner of a property or duly authorised agent of the date of inspection in form PLUPA/DC/15.
|
|
|
| 26. |
Site Inspection Procedure and Issuance of Permit
| (1) |
The relevant authorities or agencies shall—
| (a) |
visit the project site and conduct inspection in accordance to procedures prescribed in the relevant codes; and
|
| (b) |
prepare the inspection report in the prescribed inspection card and communicate within seven days—
| (i) |
if satisfied with standards on the visited site issue permit authorizing progress of development from the date of inspection; or |
| (ii) |
if not satisfied, demand compliance to the set standards or conditions of approval before embarking on the development; or |
| (iii) |
issue a demolition order to the owner of the building if the structure cannot be repaired to a safe condition for either the occupier or the surroundings. |
|
|
| (2) |
The registered owner of a property carrying out the development shall not proceed with the development unless issued with a copy of the inspection report and permit authorising progress.
|
|
| 27. |
Final Inspection Issuance of Certificate of Compliance or Occupation
| (1) |
Upon completion of the development project the licensed professional or duly authorised agent shall on behalf of registered owner of the property—
| (a) |
notify the Director-General or the County Director requesting for joint final inspection of all the relevant authorities and agencies; and
|
| (b) |
prepare the site of the completed development to standards stipulated in the performance conditions.
|
|
| (2) |
The Director-General or the County Director shall coordinate the final joint inspection exercise and consolidate all inspection reports and forward to the relevant Planning authority who shall within seven days, in Forms PLUPA/DC/10 and PLUPA/DC/11 cause the issuance of—
| (a) |
certificate of compliance; and
|
| (b) |
notice for issuance of certificate of occupation.
|
|
| (3) |
The architect and the structural engineer shall issue a certificate of guarantee and compliance for the curtain walling system, prior to theissuance of the certificate of occupation.
|
|
| 28. |
Revocation of development permissions
| (1) |
Under section 57(5) of the Act, the County Executive Committee Member may revoke development permission issued under these Regulations on the following grounds—
| (a) |
contravention of the conditions of approval;
|
| (b) |
any consideration under Article 66(1) of the Constitution; or
|
| (c) |
risk of natural disaster.
|
|
| (2) |
The County Executive Committee Member may consult with the relevant authorities for their recommendations, before revoking a development permission.
|
| (3) |
Where the County Executive Committee Member revokes the development permission under subregulation (1), he shall issue the holder a notice of revocation of development permission in Form PLUPA/DC/12 set out in the First Schedule.
|
| (4) |
The County Executive Committee Member shall specify the reasons for the revocation in the notice issued under subregulation (3).
|
| (5) |
A person aggrieved by a decision to revoke a development permission may appeal to the county physical and land use planning liaison committee within fourteen days of receiving the decision.
|
| (6) |
Whereupon the registered owner of a property fails to comply with the decision of the county liaison committee, the County Executive Committee Member shall initiate enforcement process in accordance to section 72 of the Act.
|
|
PART IX – MISCELLANEOUS PROVISIONS
| 29. |
Registers maintained by the County Executive Committee Members
| (1) |
The County Executive Committee Member shall prepare and maintain registers in accordance with section 62 of the Act containing the information set out in the Second Schedule relating to—
| (a) |
all submitted applications as per the Third Schedule of the Act;
|
| (b) |
all decisions to approve, defer, reject or revoke a development permission;
|
| (c) |
all communication made and received pursuant to development applications; and
|
| (d) |
all decisions on modification of conditions of development permission.
|
|
| (2) |
Any person may request for the information contained in the registers by submitting a written request indicating the scope of the information sought their reason and purpose for obtaining the information sought.
|
|
FIRST SCHEDULE
FORMS
|
FORM PLUPA/DC/1A
|
|
(r. 15(1))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ....................................................
|
|
APPLICATION FOR DEVELOPMENT PERMISSION (PLANNING APPLICATION)
|
To the .............................................................
(Insert Name and address of the appropriate County Government Office)
I/We hereby apply for permission to develop the land and/or building as described in this application and on the attached plans and drawings.
Date .............................................................
Coordinates of Property/Plot (UTM) ..............................
Section A — General Information
| 1. |
Owner’s name and address .............................................................
|
| 1. |
Applicant’s name and address .................................................................
|
| 3. |
If applicant is not the owner, state interest in the land e.g. leasee, prospective purchaser, etc. and whether the consent of the owner to this application has been obtained.
| (a) |
L.R. or parcel No. .............................................................
|
| (b) |
Road, District and Town .............................................................
|
| (c) |
Acreage ............................................................
|
|
| 4. |
If an application has been previously been submitted state the registered number of the application .............................................................
Section B—Subdivision
|
| 1. |
Describe briefly the proposed subdivision including the purposes for which land and/or buildings are to be used ..............................
|
| 2. |
State the purpose for which land and/or buildings are now used. If not now used, the purpose for which and the date on which they were last used ..............................
|
| 3. |
State whether the construction of a new or an alternative of an existing means of access to or from a road is involved ..............................
|
| 4. |
| (a) |
Water supply .............................................................
|
| (b) |
Sewerage disposal .............................................................
|
| (c) |
Surface water disposal .............................................................
|
| (d) |
Refuse disposal .............................................................
|
|
| 5. |
Give details of any relevant easements affecting the proposed subdivision ......................................................
Section C — Extension of Lease or Use or Change of user
|
| 1. |
State whether subdivision is involved and if so whether permission has been applied for and if so give registered number of the application ..............................
|
| 2. |
Describe briefly the proposed development including the purpose for which land and/or buildings are to be used ..............................
|
| 3. |
State the purpose for which land and/or buildings are now used. If not now used, the purpose for which and date on which they were last used ..............................
|
| 4. |
State whether the construction of a new or alternative of an existing means of access to or from a road is involved ..............................
|
| 5. |
If the proposed development consists only of a change of use and does not involve building operations state the exact nature of such change ..............................
|
| 6. |
If the site abuts on road junction, give details and height of any proposed walls, fence, etc., fronting thereon......................
|
| 7. |
| (a) |
Water supply .............................................................
|
| (b) |
Sewerage disposal .............................................................
|
| (c) |
Surface water disposal .............................................................
|
| (d) |
Refuse disposal .............................................................
|
|
| 8. |
Give details of any relevant easements affecting the proposals ..............................
|
| 9. |
| (a) |
Area of land affected .............................................................
|
| (b) |
Area covered by buildings .............................................................
|
| (c) |
Percentage of site covered .............................................................
by existing buildings .............................................................
by proposed buildings .............................................................
|
Section D — Densification
|
| 1. |
Describe briefly the proposed development including the purpose for which land and/or buildings are to be used ..............................
|
| 2. |
State the purpose for which land and/or buildings are now used ..............................
|
| 3. |
State whether the construction of a new or alternative of an existing means of access to or from a road is involved ..............................
|
| 4. |
If the proposed development consists only of densification of use and does not involve building operations state the exact nature of such densification ..............................
|
| 5. |
If the site abuts on road junction, give details and height of any proposed walls, fence, etc., fronting thereon ..............................
|
| 6. |
| (a) |
Water supply .............................................................
|
| (b) |
Sewerage disposal .............................................................
|
| (c) |
Surface water disposal .............................................................
|
| (d) |
Refuse disposal .............................................................
|
|
| 7. |
Give details of any relevant easements affecting the proposals..................
|
| 8. |
| (a) |
Area of land affected .............................................................
|
| (b) |
Area covered by buildings .............................................................
|
| (c) |
Percentage of site covered by existing buildings ..............................
|
| (d) |
Percentage of site covered by proposed buildings ..............................
|
|
| 1. |
State the purpose for undertaking demolition ..............................
|
| 2. |
Provide a Clear description of the proposed methods of demolition including the volume of works ..............................
|
| 3. |
State method and place of:
a) Storage of debris .............................................................
b) Disposal of debris .............................................................
NB: Demolitions do not constitute permission for alteration of structures
Attached an EIA & A report
Section F-Easements and wayleaves
|
| 1. |
State the purpose of the proposed easement or wayleave ..............................
|
| 2. |
Provide a clear description of the proposed easement or wayleave including the area, coordinates and any other important factor ..............................
|
| 3. |
| (a) |
Any existing physical developments along the proposed area ..............................
|
| (b) |
Type of land use activities along the proposed area ..............................
|
Note.—Drawing and specifications must be prepared and signed by licenced professionals
If filled by Agent:
Name ..................................................................................
Address ................................................................................
Profession ...............................................................................
Registration Number .............................................................
|
___________________________________________________
|
FORM PLUPA/DC/1B
|
|
(r. 15(1))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ....................................................
|
|
APPLICATION FOR DEVELOPMENT PERMISSION (BUILDING PLAN)
|
TO ..........................................................
(Insert Name and address of the appropriate County Government Office)
From .............................................................
Reg Architect(s) No. .............................................................
E-mail .............................................................
Mobile No. .............................................................
P.O. Box .............................................................
Having duly been appointed as the Project Architect(s), I/We submit herewith Building Plans and particulars in a manner prescribed in the Physical and Land Use Planning Act that requires a Licenced Architect submits in accordance to Section 59 of the Act.
Description of Project:
| (a) |
Municipality ............................................................. |
| (b) |
Sub County ............................................................. |
| (c) |
Ward ............................................................. |
| (d) |
Name of Nearest Road/Street: ............................................................. |
| (e) |
Name of Area/Estate: ............................................................. |
| (ii) |
Plot L/R No ............................................................. |
| (iii) |
Plot Size ............................................................. |
| (iv) |
Land Tenure:- (Tick Appropriate Box) .......................................... |
|
(a) Freehold
|
☐
|
|
(b) Leasehold
|
☐
|
|
(c) Registered community
|
☐
|
|
(d) Share Certificate
|
☐
|
(Share certificate to be accompanied by): ..............................
| (ii) |
Approved Sub Division |
| (v) |
Conformity of building with approved land use and zoning regulations |
|
Single Dwelling
|
☐
|
Details: ..............................................
|
|
Multiple Dwelling
|
☐
|
Details: ..............................................
|
|
Industrial
|
☐
|
Details: ..............................................
|
|
Institutional
|
☐
|
Details: ..............................................
|
|
Commercial
|
☐
|
Details: ..............................................
|
|
Comprehensive
|
☐
|
Details: ..............................................
|
|
Other (Specify)
|
☐
|
Details: ..............................................
|
| (f) |
Water supply by .............................................................
|
| (g) |
Method of Sewerage Disposal ....................................................
| (vi) |
(a) Number of dwellings/units with seperate occupation ..............................
|
| (vii) |
Plinth Areas; (For fees calculations only) must include porches, veranda, balconies, garages, swimming pools etc ...............................
|
|
|
Development Level
|
Existing M2
|
New M2
|
|
Basements
|
|
|
|
Ground Floor/s/
|
|
|
|
Mezzanine Floor/s
|
|
|
|
1st Floor
|
|
|
|
2nd Floor
|
|
|
|
3rd Floor
|
|
|
|
4th Floor
|
|
|
|
Others
|
|
|
|
Total (Submissions)
|
|
|
| 8. |
Estimated Cost of the Project
|
| 9. |
Construction Materials of Approved Standard and Specifications:
| (a) |
Foundation .............................................................
|
| (b) |
External walls .............................................................
|
| (c) |
Mortar .............................................................
|
| (d) |
Roof cover .............................................................
|
| (e) |
Damp proof course .............................................................
|
| (f) |
Finishes .............................................................
|
|
| 10. |
In the event of the accompanying plans being required to be amended in any way in order that they may be approved by the County Government, I/We agree that for the purpose of Section 126(c) of the Public Health Act (Cap. 242) that the date of deposit shall be the date on which plans are re-deposited with the County after amendments have been satisfactorily made.
|
___________________________________________________
|
FORM PLUPA/DC/1C
|
|
(r. 15(1))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ....................................................
|
|
APPLICATION FOR DEVELOPMENT PERMISSION (STRUCTURAL/CIVIL ENGINEERING DRAWINGS)
|
Registered Number of Application .............................................................
Appendix B: Standard Certification by The Qualified Person for Structural Works.
1. In accordance with Regulation 9 of The Building Control Regulations, I, .............................., the Qualified Person for structural works appointed under section 8(1)(a) or 11(1)(d)(i) of the Building Control Act., hereby submit the detailed structural plans and design calculations prepared by me and certify that they have been prepared in accordance with the provisions of the Building Control Regulations, the Building Control Act and any other written law pertaining to buildings and construction for the time being in force.
2. I further certify that these detailed structural plans and design calculations are in reference to Project Ref. No: .............................................................
3. Total number of structural plans submitted: .............................. and total number of pages of design calculations in this book: ..............................
............................................................................................
|
Qualified Person for Structural Works
|
Date
|
|
Signature and Stamp
|
|
I hereby indemnify (having duly completed The Indemnity Form PLUPA/DC/....) the County Government of ..............................from any claims that might arise during building construction or as a result of building collapse or loss of life.
___________________________________________________
|
FORM PLUPA/DC/1F
|
|
(r. 15(1))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ....................................................
|
|
APPLICATION FORM FOR DEVELOPMENT PERMISSION OF A STRATEGIC NATIONAL PROJECT
|
To the Cabinet Secretary .............................................................
| 1.0. |
Name of Applicant ....................................................
| (a) |
Contacts .............................................................
|
| (b) |
Physical Address .............................................................
|
| (c) |
Telephone .............................................................
|
| (d) |
e-mail .............................................................
|
| (e) |
Permanent Postal Address .............................................................
|
|
| 2.0 |
| (a) |
County(s) .............................................................
|
| (b) |
Sub-County(s) .............................................................
|
| (c) |
Ward(s) .............................................................
|
| (d) |
Road .............................................................
|
|
| 3.0 |
| (a) |
Land Tenure(Public/Private/Community) ..............................
|
| (b) |
Acreage (Hectares) .............................................................
|
|
| 4.0 |
Nature of the project .............................................................
|
| 5.0 |
(1.) Indicate type of development permission sought ..............................
|
| (2) |
Indicate the national sectoral policy framework the project will operate under
............................................................................................
|
| (3) |
Indicate the national sectoral legislation the project will operate under
............................................................................................
Attach a planning brief, a cadastral plan, architectural designs, civil drawings, structural drawings, Environmental Impact Assessment, Environmental and Social Impact Assessment and Strategic Environmental Assessment reports and any other relevant documents
|
__________________________________________________
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ....................................................
|
|
AUTHORITY TO ISSUE DEVELOPMENT PERMISSION AND OTHER DEVELOPMENT CONTROL INSTRUMENTS
|
To .............................................................
County Director of Physical and Land Use Planning
You are hereby authorised to
| a) |
consider the following development application and approve, defer or refuse development permission of:
Application Number .............................................................
Submitted on .............................................................
For permission to, .............................................................
On L.R. No. ....................................... With coordinates ...............................
Situated in ....................................... Road ..............................
|
| b) |
issue.............................. (other relevant development control instruments) with respect to proposed development or existing development on:
On L.R. No. .............................. With coordinates ..............................
Situated in .............................. Road ..............................
Name .............................................................
Signed .............................. Date ...........................
County Executive Committee Member
for Physical and Land Use Planning
|
c.c.
|
National Land CommissionThe Land Registrar.Director of SurveysThe City/Municipal/Town Manager.Land Administration Officer
|
|
|
_________________________________________
|
FORM PLUPA/DC/2
|
|
(r. 3(3)(xi)
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ....................................................
|
|
PUBLIC NOTICE NOTIFICATION FOR PROPOSED SUB DIVISION
|
NOTICE IS HEREBY GIVEN THAT ..................... of ........................ has applied to ................... for permission to subdivide land situated at [address of property) .............................. with coordinates .............................. a plan of the site and plans and details of the proposed subdivision is deposited .............................. and may be inspected free of charge between the hours of .............................. and ..............................* until the .............................. day of ......................., 20 ..............
Any person who wishes to make any representations or objections to the proposed subdivision should serve notice of such representations or objections in writing on ..............................
P.O. Box ..................... not later than ............... day of ............... 20 ..........
and shall at the same time submit a copy of such representations or objections by notice served on the undersigned at the address mentioned below.
Signed ..............................
Dated this .................... day ....................., 20 ..............
Name of the Registered Planner .............................. Reg. No ...........................
*Not more than fourteen (14) days from the date of the first advertisement shall be allowed for inspection of the plan.
**Not more than twenty-one (21) days from the date of the first advertisement shall be allowed for the submission of representations and objections
__________________________________________________
|
FORM PLUPA/DC/3
|
|
(r. 3(3)(xi)
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ....................................................
|
|
PUBLIC NOTICE
|
|
NOTIFICATION FOR PROPOSED CHANGE OF USER/EXTENSION OF USER/DENSIFICATION OF USE /EXTENSION OF LEASE/RENEWAL OF LEASE
|
The registered owner of Plot L.R No .................. located in ......................... area, proposes to;
| (a) |
.......... (change use, extend use, density the use) from ........................ to .................... subject to approval by the County Government of......................; or
|
| (b) |
.................. (extend lease, renew lease ) subject to approval by the County Government of ........................
|
Individuals, institutions, members of the public etc. with comments and or objections to the proposal are requested to forward them in writing within fourteen (14) days of this notice to:
The County Executive Committee Member
County Government of ..............................
P.O. Box ..............................
Name of the Registered Planner ............................... Reg. No .............................
__________________________________________________
|
FORM PLUPA/DC/4
|
|
(r. 3(1))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
PUBLIC NOTICE
|
|
NOTIFICATION FOR PROPOSED CHANGE OF USER/ EXTENSION OF USER / DENSIFICATION OF USE / EXTENSION OF LEASE/ RENEWAL OF LEASE
|
The registered owner of this plot No. .................... in ....................... area proposes to;
a) Change/ extend/ density its use from ..................... to...................
b) Extend/ Renew Lease
SUBJECT TO A PPROVAL BY THE COUNTY GOVERNMENT OF................ IN DIVIDUALS, IN STITUTIONS OR MEMBERS OF THE PUBLIC WITH COMMENTS AND OR OBJECTIONS TO THE PROPOSAL ARE
REQUESTED TO FORWARD THEM IN WRITING WITHIN FOURTEEN (14) DAYS OF THIS NOTICE TO:
The County Executive Committee Member,
County Government of ......................................
P.O Box .......................................................
...................................................................
Dated: ..........................................................
Name of the Registered Planner .................. Reg. No. ......................
__________________________________________________
|
FORM PLUPA/DC/5
|
|
(r. 5 (1))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
SUBMISSION CERTIFICATE
|
|
|
County Government of ...................................
Department/Section of Physical and Land Use Planning .....................
On ........................ Before .............................
(Name and Title of the Officer),
Personally/electronically received the application Ref No .................. on Plot L.R No ................ located along ................. Road in ............ area, ................... Sub-County for the proposed ................... hereby acknowledge receipt of the application with the attachments mentioned below:
| (a) |
............................................................
|
| (b) |
............................................................
|
| (c) |
............................................................
|
| (d) |
............................................................
|
| (e) |
............................................................
|
| (f) |
............................................................
|
Name of the Applicant ...................................................................
ID No of the Applicant ..............................................................
Registration No of Registered Professional ..............................................
This certificate will be deemed to be an approval, where the applicant does not receive written response to this application within 60 Working Days as per the provisions of Section 58 (6) of this Act.
Name of the Receiving Officer .....................................................
Designation .......................................................................
Signature ..................................................................(Stamp)
CC:
County Executive Committee Member
The Applicant
____________________________________________
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
CIRCULATION SHEET (GENERAL)
|
|
|
|
RECEIPT DATE & STAMP
|
COUNTY GOVERNMENTOF
|
SubCountyCode
|
PLANREGISTRATIONNUMBER
|
|
|
|
|
|
Received By:
|
SUBMITTED PLANNINGCIRCULATION SHEET
|
Pre-Vetting By:
|
|
|
|
|
|
DEVELOPERPARTICULARS
|
DESCRIPTION OF DEVELOPMENT
|
|
TYPE OFSUBMISSION
|
|
Name;
|
Change of user
|
|
Plot No
|
|
Preliminary
|
|
PO Box:
|
Ext of Use
|
|
Plot Size (Ha)
|
|
Full
|
|
|
Ext of Lease
|
|
Estate/Area
|
|
Complimentary
|
|
Telephone
|
Master Plan
|
|
Road/ Street
|
|
Amendment
|
|
|
Detailed Planning
|
|
|
|
Regularization
|
|
SUBMITTING PLANNER
|
Ext of Lease
|
|
Ward
|
|
FEES & CHARGES
|
|
Name:
|
Subdivision
|
|
No of subplots
|
|
|
|
Reg No:
|
Amalgamation
|
|
|
P.O. Box:
|
Out door Advert
|
|
Type ofstructure
|
|
|
|
|
Structure
|
|
|
Telephone:
|
|
|
|
|
|
|
E- mail:
|
|
|
|
|
|
|
|
|
TOTAL
|
|
|
CIRCULATION
|
First
|
|
|
Second
|
|
|
STAGE
|
DAYS
|
Dept.
|
|
MONITOR
|
ACTIVITY
|
RESPON-SIBLE
|
DATE
|
|
1
|
5
|
Physical Planning
|
|
|
Circulation RecordingDispatch/ReceivingZoning/RequirementsPlanning StandardsRiparian Reserves
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2
|
2
|
Environment
|
|
|
EnvironmentalStandards
|
|
|
|
3
|
3
|
Public Health
|
|
|
Public Health By-LawsCommenting
|
|
|
|
4
|
3
|
Engineering/PublicWorks
|
|
|
Roads & RelatedInfrastructure
|
|
|
|
5
|
3
|
Survey
|
|
|
Survey BoundariesEasement of Way leaves
|
|
|
|
6
|
3
|
Lands
|
|
|
EncumbrancesCaveatsOwnership Status
|
|
|
|
7
|
2
|
Water & Sewerage
|
|
|
Sewage LinesBio Box Capacity
|
|
|
|
8
|
5
|
KENHA/KERRA/KURA
|
|
|
Classification, RoadSize
|
|
|
|
RECOMMENDATION FOR APPROVAL
|
|
Agenda ItemNo.
|
TechnicalCommitteeMeeting Date
|
|
Signed: ...............Name: .................The Director, Lands, Housing and Physical PlanningDate: .................
|
|
|
Conditions of Development Approval
|
|
i
|
Submission of satisfactory buildings plans within one year and completion of construction within two years otherwise the approval lapses;
|
|
|
ii
|
Payment of revised ground rent as will be determined by the National Land Commission;
|
|
|
iii
|
Payment of revised rates as will be determined by the Director o f Valuation—County Government of;
|
|
|
iv
|
The land must be free from any encumbrances and/or any disputes;
|
|
|
v
|
Subject to compliance of the Physical Planning Act;
|
|
|
vi
|
Subject to Compliance with Zoning Policy of the County Spatial Plan;
|
|
|
vii
|
Subject to provisions of appropriate setback(s) as per Building Code;
|
|
|
viii
|
Subject to provisions of adequate and functional onsite parking to the satisfaction of the Chief Officer, Roads, Transport and Public Works;
|
|
|
ix
|
Subject to traffic management report for the development to be prepared and submitted to the County Chief Officer - Roads, Transport and Public Works for approval before commencement of the works;
|
|
|
x
|
Subject to Civil Engineering drawings being submitted for approval by Chief Officer Roads, Transport and Public Works for approval before commencement of the works;
|
|
|
xi
|
Subject to submission of water supply and sewerage reticulation designs to the Chief Officer - Water, Environment and Natural Resources;
|
|
|
xii
|
Change of user/extension of user/sub divisions should be effected within one year otherwise the approval lapses;
|
|
______________________
1
See approval conditions overleaf
|
Survey
|
|
|
|
Lands
|
|
|
|
Water & Sewerage
|
|
|
|
KENHA/KERRA/KURA
|
|
|
|
Physical Planning
|
|
|
|
Environment
|
|
|
|
Public Health
|
|
|
|
Engineering/Public Works
|
|
|
____________________________________________
|
FORM PLUPA/DC/6B
|
|
(r. 20(5))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
CIRCULATION SHEET (BUILDING PLAN)
|
|
Conditions of Building Plans Approval
|
|
i
|
Submission of satisfactory structural designs and calculations;
|
|
|
ii
|
Submission of certificate as to workmanship;
|
|
|
iii
|
Submission of satisfactory plumbing and drainage details;
|
|
|
iv
|
Submission of satisfactory electrical and ICT scheme designs;
|
|
|
v
|
Submission of satisfactory mechanical ventilation scheme;
|
|
|
vi
|
Submission of drawings for ground soakage septic tank or conservancy tank to be approved and constructed to the satisfaction of the County Chief Officer - Roads, Transport and Public Works;
|
|
|
vii
|
Satisfactory surface water drainage to be agreed on site;
|
|
|
viii
|
All debris and excavated materials to be dumped on site approved by the County Chief Officer - Water, Environment and Natural Resources;
|
|
|
ix
|
Canopy approval;
|
|
|
x
|
Replacement of cut down trees and landscaping implementation to the satisfaction of the County Chief Officer - Water, Environment and Natural Resources;
|
|
|
xi
|
Satisfactory canalization of river to the approval and satisfaction of the County Chief Officer - Water, Environment and Natural Resources;
|
|
|
xii
|
Structures coloured yellow to be demolished and debris dumped on site approved by the County Chief Officer - Water, Environment and Natural Resources;
|
|
|
xiii
|
Strip of land coloured blue being reserved for road widening;
|
|
|
xiv
|
Temporary access to the plot to be constructed/provided to the satisfaction of the County Chief Officer - Roads, Transport and Public Works;
|
|
|
xv
|
Road frontage landscaping scheme to be approved and implemented to the satisfaction of the County Chief Officer - Roads, Transport and Public Works;
|
|
|
xvi
|
Subject to traffic management report for the development to be prepared and submitted to the County Chief Officer - Roads, Transport and Public Works for approval before commencement of the works;
|
|
|
xvii
|
The land must be free fr om any encumbrances and/or any disputes;
|
|
|
xviii
|
The developer obtaining the required completion/occupation certificate;
|
|
|
xix
|
Compliance with the approved Zoning Policy and approved physical and land use development plans
|
|
|
xx
|
Compliance with prescriptions of the National Building code
|
|
|
xxi
|
Compliance with conditions from the relevant national highway authority for development directly accessing national trunk roads
|
|
|
xxi
|
The development not falling within an existing/designated electricity power or any other way leave;
|
|
|
xxii
|
Pre-treatment of all effluents to the satisfaction of the County Chief Officer - Water, Environment and Natural Resources before discharge to the Public Sewer;
|
|
|
xxiii
|
Treatment of all effluents to the satisfaction of the County Chief Officer - Water, Environment and Natural Resources before discharge to the Natural Water Course;
|
|
|
xxiv
|
Permit for hoarding, scaffolding or erection of cranes
|
|
|
Architect - Development Control
|
|
Permitted Ground CoveragePermitted Plot RatioCar Parking RequirementsOther Requirements
|
Actual Ground CoverageActual Plot RatioCar Parking Provision
|
|
Public Health
|
|
Engineering/Public Works
|
|
|
|
Public Health
|
|
|
|
Engineering/Public Works
|
|
|
____________________________________________
|
FORM PLUPA/DC/8
|
|
(r. 21(3)(a))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ...............................
|
|
NOTIFICATION OF APPROVAL/REFUSAL/DEFERMENT OF APPLICATION
|
To ...................................................................
Your application number as above, submitted on ......................
For permission
to .................................................................
....................................................................
L.R. a Parcel No.................. With coordinates ...............
Situated in....................... Road ..........................
Has been ......................... by the County Executive Committee Member
On (date) ........................
for the following reasons/subject to the following conditions:
| (a) |
..................................................................
|
| (b) |
..................................................................
|
| (c) |
..................................................................
|
| (d) |
..................................................................
|
Name .................................................................
Signed ............................. Date ............................
County Director of Physical Planning .................................
c.c.
The National Land Commission, Nairobi.
The Land Registrar.
The City/Municipal/Town Manager.
The Director-General-Physical and Land Use Planning, Nairobi.
The Director of Surveys, Nairobi.
APPROVAL CONDITIONS
| 1. |
When considering applications for subdivisions the County Government may impose conditions of approval in respect of the matter enumerated below, and after implementation of such approval the conditions shall be binding upon the owner, successors and assigns;
|
| 2. |
When considering applications for building plans, a planning authority shall adhere to specifications contained in the National Building Code.
|
| 3. |
The type and form of development to be carried out or permitted and the size, form and situation of holding and the conditions on which such holdings may be transferred.
|
| 4. |
The surrender of land for roads and public purpose or for other purposes referred to in the Act section 55 and Third Schedule (7) which shall be surrendered to the National or relevant county government free of cost and managed by the National Land Commission.
|
| 5. |
The character and type of roads and publie utilities or other works, including the standard of construction and/or maintenance of a road, water supply, drainage and sewerage works which are to be undertaken and completed by the applicant for subdivision at the applicant’s cost.
|
| 6. |
Provision as to the forms of security to be given by the applicant of any conditions imposed and provision as to the right of the local authority to carry out any such conditions at the expenses of the applicant.
|
| 7. |
The co-ordination of the subdivision of contiguous properties in order to ensure the proper development of such properties.
|
| 8. |
The transfer free of charge to National Government or County Government of any land reserved in accordance with the provisions of this Act hereof may be by the applicant.
|
| 9. |
The registration by the applicant of any conditions imposed in the deed of the title of the property.
|
____________________________________________
|
FORM PLUPA/DC/9
|
|
(r. 21(6))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ...............................
|
|
SURRENDER OF LAND FOR PUBLIC PURPOSE
|
To The Chairman National Land Commission
An application for development permission was presented by .................... on .......... with respect to L.R. a Parcel No. ........... Situate in ................. road .............. The application was approved on ............... (date) .......... by the County Executive Committee Member responsible for matters related to physical and land use planning County Government of ................... subject to surrender free of cost to the County Government of .......... the following:
| (a) |
............ hectares for use as ................
|
| (b) |
............ hectares for use as ................
|
| (c) |
............ hectares for use as ................
|
| (d) |
............ hectares for use as ................
|
| (e) |
............ hectares for use as ................
|
as indicated in the attached certified approved plan number ................
Date ...................... Name in full ..............
Signed ................................................
County Executive Committee Member
County Government of ..................................
c.c.
The Chief Land Registrar.
The Director-General of Physical and Land Use Planning
The Director of Surveys
The Director of Land A dministration in the Ministry responsible for land matters
Other relevant Agencies
____________________________________________
|
FORM PLUPA/DC/10
|
|
(r (7)(5))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ...............................
|
|
CERTIFICATE OF COMPLIANCE
|
Certificate No. ..................................................
Name and Address of Applicant ...................................
Type of Development (Industrial, Commercial, etc.) ...........................
On L.R./Parcel No. ............. with coordinates ............... situated in ............
Road ................. locality (City, Municipality, Township, etc.)
Received from ............... (County Government) by ............... Ref. No. .......... of ..............
This is to certify that the application above is in compliance with:
| (a) |
Approved Development Plan No.
|
| (b) |
Approved Subdivision Plan/Advisory Plan No.
|
| (c) |
Special conditions specified in the Notification of Approval Form PLUPA ...........
dated .............. day of ............. 20 ......... with respect to Registered Application No.....................
|
|
Issued by ......................................................................................
|
|
|
(Name of Officer)
|
|
|
...........................................................................
|
|
|
Sign
|
|
County Director of Physical Planning
For: County Executive Committee Member
Department Seal
____________________________________________
|
FORM PLUPA/DC/11
|
|
(r. 15(2))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ...............................
|
|
NOTICE FOR ISSUANCE OF OCCUPATION CERTIFICATE
|
To:
Your application for Occupation Certificate submitted on: ...................
LR. No. ......................................................................
Plot Coordinates ............................................................
Situated in .................................................................
has been received and considered for issuance of:
| (a) |
Temporary Occupation Certificate valid for .............................
|
Subject to the following conditions:
................................................................................................
................................................................................................
Permanent Occupation Certificate
Subject to the following conditions:
................................................................................................
................................................................................................
................................................................................................
(Temporary to be issued for temporary buildings, incomplete buildings certified fit for partial occupation while permanent occupation will be issued for permanent buildings fully constructed and certified fit for occupation)
Name in full ...........................................................................
Sign .........................................................................................
Date .........................................................................................
Designation ...............................................................................
For: County Executive Committee Member
Cc:
County Architect
County Engineer
County Public Health officer
____________________________________________
|
FORM PLUPA/DC/12
|
|
(r. 16(3))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ...............................
|
|
NOTIFICATION OF REVOCATION OF DEVELOPMENT PERMISSION
|
To: ........................................................
...............................................................................
Your approval number .......................... issued on .........................
For permission to .................... on ................... L.R. a Parcel No .......... Situated in .......... Road .............. has been revoked on date (date) ............ by the ..............
For the following reasons/subject to the following conditions:—
| (a) |
..................................................................
|
| (b) |
..................................................................
|
| (c) |
..................................................................
|
| (d) |
..................................................................
|
| (e) |
..................................................................
|
Date .............................. Name in full .........................
Signed ...................................................................
County Executive Committee Member
County Government of .................................
Cc:
Cabinet Secretary, Ministry of Lands and Physical Planning, Nairobi
National Land Commission.
Director-General of Physical Planning, Nairobi
The Director of Surveys, Nairobi.
The Land Registrar
County Secretary
____________________________________________
|
FORM PLUPA/DC/14
|
|
(r. 25(1))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ...............................
|
|
COMMENCEMENT NOTICE FOR DEVELOPMENT
|
Approval Ref No: ....................................
Submission Certificate No ..................
| 1. |
I, hereby give notice that I intend to carry out the development as per;
a. the development permission and that I shall comply with the conditions as well as notify the County Government to undertake inspections at each stage as they County may prescribe.
b. Provisions of section 58(6) of the Act, where sixty days from the date of submission of application have lapsed.
(Delete as appropriate)
The development shall commence on ............... day of ........ 20..........
Name of Applicant(s): ...................................
Sign........................ Date .......................
Address: ................... Tel: .......................
Email: ..................................................
Enclosures
|
| 1. |
Copy of the submissions certificate (where approval not granted)
|
| 2. |
Copy of the National Construction Authority Compliance Certificate No (Where applicable) .........
|
| 3. |
Copy of the Environmental Impact Assessment (EIA) License (Where applicable) ...........
Cc:
National Construction Authority
Architectural Association of Kenya
National Environmental Management of Kenya
Kenya Institute of Planners
Institution of Surveyors of Kenya
|
____________________________________________
|
FORM PLUPA/DC/15
|
|
(r. 25(2)(C)
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(CAP. 303)
|
|
Registered Number of Application ...............................
|
|
NOTICE OF INSPECTION
|
Ref No. ....................................................................
Date .......................................................................
The owner ..................................................................
REGISTRATION NO: ...........................................................
BUILDING NAME:..............................................................
PLOT NO. L.R.: .............................................................
STREET/ROAD: ...............................................................
TOWN .......................................................................
To ensure that the proposed project is implemented in conformity with the development permission No. ........... granted on ............ day of ............ 20 ........, the planning authority wishes to visit the project site on ............... day of ........... 20 ......... for purposes of;
a) Confirming compliance with conditions granted in the development permission
b) Identifying any material variations from the development permission,
c) Authorizing implementation of the next phase of the project
Name in full .......................................................................
Sign ...............................................................................
Date ...............................................................................
Designation ........................................................................
For County Executive Committee Member.
SECOND SCHEDULE [r. 22, 29]
CONDITION FOR DEVELOPMENT PERMISSION
PART I
The development specified in the first column is permitted subject to the conditions set against in the second column:
|
DEVELOPMENT
|
CONDITIONS
|
|
Description of Development Conditions
|
1. The height of such buildings shall not exceed the height of the original dwelling house.
|
|
Class I—Development within the cartilage of dwelling-house.
|
2. Standard conditions Nos. 1 and 2.
|
|
(a) The enlargement, improvement or other alterations of a dwelling-house materially affecting the external appearance of the building so long as the cubic content of the original dwelling house (as ascertained by external measurement) is not exceeded by more than 50 cubic meters or one-tenth whichever is the greater subject to a maximum of 133 cubic meters,
|
|
|
(b) construction within the curtilage of a hard surface for a purpose incidental to the enjoyment of the dwelling house
|
|
|
Class II—Sundry minor operations
|
Standard condition Nos. 1, 2, 3 and 4.
|
|
l .The erection or construction of gates fences walls or construction of enclosure not being within the cartilage of a dwelling-house not exceeding two meters in height and the maintenance, improvement or other alterations of such gates, fences, walls or other means of enclosure, except on the road transaction.
|
No improvement or alteration shall increase the height above the height prescribed by the planning authority
|
|
No operations carried out shall materially affect the external appearance of the premise
|
|
2. The painting of the exterior of any building or work otherwise than for the purpose of advertisement
|
Standard condition Nos. 1, 2, 3 and 4.
|
|
Class III—Change of user
|
Standard conditions 1, 2, 3 and 4
|
|
Development consisting of a change of use to:
|
|
|
(a) (i) Use of a light industrial building defined by the Physical and Land Use Planning Hand Book or guidelines and circulars issued by the cabinet secretary under section 10(b) of the Act.
|
|
|
(ii) Use of a general industrial building as so defined;
|
|
|
(b) Use as any type of shop except—
|
|
|
(i) a drive-in shop;
|
|
|
(ii) a fast foods shop;
|
|
|
(iii) a butcher shop;
|
|
|
(iv) a shop for the sale of pet animals or birds,
|
|
|
(iv) a shop for the sale of motor vehicles from use as any type of shop.
|
|
|
(v) Mobile money transfer with a booth not exceeding 3 square meters
|
|
|
Class IV— (a) Temporary buildings and uses
|
Such buildings and structures shall be removed at the expiration of that period and where they were sited on any such adjoining land, that land shall be reinstated
|
|
The use of land for any purpose for not more than twenty-eight (28) days in total in any calendar year, and the erection or placing of movable structure on the land for the purposes of the permitted use.
|
Standard conditions 1, 2, 3 and 4
|
|
(b) Provision of movable structures, plant or machinery required temporarily for the duration of permitted operations being carried out on land
|
|
|
Class V—Development for industrial purposes
|
Standard conditions Nos. 1 and 2.
|
|
The deposit by an industrial undertaker if the waste material or refuse resulting fr om an industrial process on any land comprised in a site which was used for such deposit otherwise than in contravention of previous planning control, on the appointed day.
|
|
|
Class VI—Repairs to roads and ways
|
Standard conditions Nos. 1 and 2.
|
|
The carrying out of works required for maintenance or improvement of roads or ways not under the control of a highway authority being works carried out on land within the existing limits of such roads or ways.
|
|
|
Class VII Repairs to infrastructure by competent authorities
|
Standard condition Nos. 1, 2, 3 and 5.
|
|
The carrying out of any works for the purpose of inspecting, repairing, or renewing sewers, mains, pipes, cables or other apparatus, including the breaking open of any land for that purpose.
|
The relevant agency shall notify the county government of its intention to commence erection, construction, maintenance,emergency repairs improvement or other alteration works. The county government shall inform persons ordinarily resident in the affected areas of the time the work will commence
|
|
Class VIII—Rebuilding of existing buildings and plant, the rebuilding, restoration or replacement of buildings, works or plant which were in existence on the appointed day
|
1. The cubic content of the works or plant shall not be increased by more than ten per centum.
|
|
|
2. There shall be no material alteration fr om the external appearance, as on the appointed day except with the approvalof the planning authority
|
|
Class IX—Development by a county governmentor statutory undertaker
|
3. Standard conditions Nos. 1, 2 and 3.
|
|
1 . (i) The erection, construction, maintenance, emergency repairs improvement or other alteration by the National or respective county government, road agencies as established under the Kenya Roads Act (Cap. 408), public utilities bodies, ICT works:
|
The relevant agency shall notify the county government of its intention to commence erection, construction, maintenance,emergency repairs improvement or other alteration works. The county government shall inform persons ordinarily resident inthe affected areas of the time the works will commence
|
|
(ii) Such buildings, works and equipment as are required on land belonging to or maintained by them for the purposes of any related and appropriate functions exercised by them on that land;
|
|
|
(iii) Development carried out by the National or county government under Article 66 in the interest of defence, publicorder, public morality, public health or land use planning
|
|
|
(iv) Lamp stands, fire alarms, public drinking fountains, street name plates, refuse bin or baskets, information kiosks,passenger shelters, street public shelters and seats, barrier for the control of persons who are waiting to enter public vehicles and such other similar structures or works as may be required in connection with the operation of any public service.
|
Standard condition No. 2.
|
|
2. The deposit by a county government of waste material or refuse on any land comprised in a site which was used for that purpose otherwise than in contravention of planning permission.
|
Standard condition No s. 1 an d 2.
|
PART II – STANDARD CONDITIONS
| 1. |
This permission shall not authorize any development which involves the formation laying out or material widening of a means of access to a trunk or county road or a public street as defi ned in the Kenya Roads Act (Cap. 408).
|
| 2. |
No development shall be carried out which creates an obstruction to the view of persons using any road used by vehicular traffic at or near any bend corner, junction or intersection of any roads so as to be likely to cause danger to such persons.
|
| 3. |
No part of any building shall project beyond any building line laid down for the holding or plot.
|
| 4. |
The planning authority will prescribe colour of paint for exterior surface of buildings.
|
| 5. |
Compliance with national and county specific physical and land use policies including the National Physical and Land Use Development Plan, relevant Inter county Physical and Land Use Plans, relevant county physical and land use development plans.
|
PART III
This part shall apply only to areas where there is an approved physical and land use development plan including a redevelopment or renewal plan.
|
DEVELOPMENT
|
CONDITIONS
|
|
Class X— Conforming Development
|
1. In residential use zones for the erection of dwelling-houses only, the subdivision of land shall not be less than approved plot sizes.
|
|
Where a layout or subdivision plan has been lawfully approved and any conditions contained in such approval fulfilled the erection in any zone of purpose for which the permission of the planning authority is not normally required by the approved written document.
|
2. The planning authority is satisfied that adequate provision for parking, loading and unloading of vehicles in the ease of industrial and commercial buildings or uses has been made.
|
|
|
3. The approval of the planning authority to the external design appearance and materials in the case of commercial buildings and use has been obtained.
|
|
|
4. For buildings fronting the main road, uniformity and character of the facade is maintained.
|
|
|
5. If the development is likely to adversely affect any land in the area of a county or is likely to create or attract traffic which willresult in a material increase in the volume of traffic entering or leaving a main road or using a level crossing over a railway, evidence of relevant authority shall be provided.
|
|
|
6. The developer shall before commencement of development inform the planning authority in writing of the intention and date of commencement of development.
|
|
CLASS XI - Use for agriculture and forestry
|
|
|
The use of land for purpose of agriculture or forestry including afforestation, use of buildings on land for any of those purposes, is not a development, but excludes, erection of greenhouses, engineering and mining works, processing agricultural or forest raw products
|
|
|
Tree preservation order to ensure the progressive attainment of the constitutional requirement often percent tree cover.
|
10 The planning authority may in order to preserve amenity of human settlements impose conditions for approval of development,
|
|
Instruments that are binding on planning authorities when considering development applications
|
11. (a) A planning authority shall in considering a development application be bound by:—
|
|
|
(i) The National Land Use Policy and other relevant national policies
|
|
|
(ii) National standards and norms on physical and land use planning
|
|
|
(iii) The National Physical and Land Use Development Plan
|
|
|
(iv) Approved inter county physical and land use development plans
|
|
|
(v) Approved county physical and land use development plans
|
|
|
(vi) Approved local physical development plans
|
|
|
(vii) Approved special area plans
|
|
|
vii) Gazette policy statements, guidelines and circulars on general and specific aspects issued by the cabinet secretary from time to time
|
|
|
(viii) County Policies formulated by the County Executive Committee member
|
|
|
(ix) treaties or conventions ratified by Kenya
|
|
Material consideration
|
12. (a) material consideration shall be considerations of a planning nature.
|
|
|
(b) A planning authority shall in considering a development application have regard to:—
|
|
|
(i) Specific sitting of buildings, their number, height, design characteristics, means of access, impact on neighboring land,availability of infrastructure, safeguarding land that may in future be required for road widening, preservation of structures or landscapes of historical significance, whether a proposed development may be detrimental to amenity and requirement ofpublic safety, possible effects on viability of a neighborhood possibility of creating an of fence to neighbors, protection ofcharacter of a human settlement, pedestrian and vehicular traffic considerations and communications.
|
|
|
(ii) Degree to which activities on each site are related even if geographically separated, and international best practices
|
|
|
(c) The following are not material considerations:—
|
|
|
(i) Likelihood of creating or enhancing competition in business including protection of individual businesses.
|
|
|
(ii) Financial viability of a development except if refusal of development may result in structures or land degenerating into a derelict state or if a development is likely to facilitate other development generate fund
|
|
Planning authorities to give reasons fordecisions
|
13. (i) Where a planning authority grants permission for development subject to specified conditions, the planning authority shall provide reasons for each condition imposed and specify policies, plans, standards and other material considerations relevant to the decision.
|
|
|
(ii) Where a planning authority refuses to approve a development, the planning authority shall provide reasons for refusal to approve a proposed development and shall in addition, specify policies, plans, standards and other material considerations relevant to the decision .
|
|
Strategic Environmental Assessment
|
14. (a) Any physical and land use development plan which sets a framework for use and development of land, shall be subjected to a Strategic Environmental Assessment
|
|
|
(b) A proposed development requires a Strategic Environmental Assessment if:—
|
|
|
(i) it is likely to significantly affect the environment due to its nature, size or location
|
|
|
(ii) its importance transcends beyond a local geographical area
|
|
|
(iii) it is situated in an environmentally sensitive area
|
|
|
(iv) it may have potentially hazardous effect
|
|
|
(v) It is a strategic national or intercounty project classified under regulations made by the cabinet secretary under section 69(3) of the A ct.
|
|
|
15. The following types of development require a Strategic Environmental Assessment
|
|
|
Type of development
|
|
|
Threshold
|
|
|
Greenhouses - Area of development exceeds ...Hectares
|
|
|
Reclamation of land - All development
|
|
|
Mining and quarrying - All development
|
|
|
Construction of buildings - All development except construction of ancillary structures where the new development does not ....Square..
|
|
|
Energy production Processing electronic, All Developmentradioactive Biodegradable and non-biodegradable - All Development Waste Processing food products - The area of floor space exceeds .... square meters
|
|
|
Development - All development that involves processing, basic substances, blending inorganic or organic compounds, storage and distribution of chemical substances or compounds.
|
|
|
Infrastructure projects that include All development
|
|
|
Roads, railways, oil and gas installations, airports, harbors, dykes, jetties, sea walls, stadia, industrial parks, housing projects, malls, establishment of artificial islands, development on territorial sea, exclusive economic zone
|
|
Criteria for determining likely effects of development on the environment
|
15. The planning authority shall in determining whether a project requires a Strategic Environmental Assessment have regard to:
|
|
|
(a) Whether the proposed development influences other projects
|
|
|
(b) Possible duration including and reversibility of effects
|
|
|
(c) Possible magnitude and spatial extent, impact on landscapes with identifiable international, national county and sub county significance, cumulative, trans boundary, risks to human, flora, fauna
|
|
CLASS XII - Development controlfor conservation areas
|
16. (a) where development on a conservation area is deemed permitted in connection with pipelines and transport works, the planning authority must determine whether the permission should be reviewed, and the extent to which the development is likely to negatively affect the integrity of land. The planningauthority shall conduct stakeholder meetings before allowing a developer to commence development.
|
|
|
(b) where development falls within an area gazetted as a conservation area under an international convention or treaty ratified by Kenya, the planning authority shall refer the application to the cabinet secretary for policy guidance under section 10 of the Act
|
|
XIII-Ancillary development
|
Standard condition Nos. 1, 2, 3, 4 and 5 including guidelines issued fr om time to time by the cabinet secretary and county specific policies on physical and land use planning formulated by the county executive committee member under sections under sections 10 and 17 of the Act respectively
|
|
(a) A development or use of land and buildingsthat is ancillary to the primary useis permitted
|
|
(b) Planning authorities shall determine whether a development is ancillary to the dominant or primary use or not on a case by case basis
|
(i) In principle, the right to use land for a dominant or primary purpose includes the right to use i t for any purpose which is ancillary.
|
|
|
(ii) A development is ancillary to the primary or dominant use if it is merely part of the primary or dominant use and if the land and buildings are together used for a single dominant or primary purpose.
|
|
|
(iii) The purpose determines the character of the use of the whole unit, without regard to any ancillary uses to which individual parts of the unit may be put.
|
|
|
(iv) If an ancillary use is likely to become a primary use, a material change may take place, hence development permission is required.
|
|
|
(v) If the use of land or buildings is not incidental or ancillary to the primary use, then if the use is material, planning permission is required
|
|
|
|
|
DEVELOPMENT
|
CONDITIONS
|
|
|
|
|
XIV (a) Use classes
|
|
|
Classification of uses aim at ensuring compatibility of uses to enhance amenity and reduce detrimental effect on neighbourhoods
|
|
|
(b) (i) Use of land or building within the same class does not require an extension or change of user, however use betweenclasses or a category within a specified class requires permission form the planning authority
|
|
|
(ii) Notwithstanding (i), county governments may impose conditions based on county specific policies on physical and land use planning formulated under section 10 of the Act
|
|
|
(c) As a general rule county government should not license activities in classes that are not compatible
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1.Class A 1- Informal sector including hawkers, shoe shiners shoe repairers, hawkers and street vendors
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C lass A 2 - Kiosks
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Class A 3 -shops and retail outlets
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(i) Courier and tickets outlets
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(ii) Shops where goods and services are sold including mobile cash outlets
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(iii) Florists
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(iv) Merchant shops
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(v) Saloons and barber shops
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(vi) Laundry and dry cleaning
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(vii) Display of furniture, clothes
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(viii) Premises where domestic or personal goods are hired
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(ix) Cyber cafe
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(x) Groceries for of site consumption
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A4 Hardware outlets
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CLASS A5- SUPERMARKETS
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(i) Hyper Supermarkets mot e than 10,000 meter square
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(ii) Mega supermarkets 3001 to 10,000 meter square
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(iii) Large trader shops 300 to 3000 square meters
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2, GLASS B premises where die public visits for professional services, financial and insurance services, chemists, pharmacists and non invasive medical laboratories including any other service that the planning authority deemsappropriate for the location
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4 . CLASS C INFORMATION AND COMMUNICATIONS
|
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(a) Sale of computers and computer accessories including repair of computers
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(b) Sale of cellphones
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(c) Sale of radios and television sets
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(d) Sale of telecommunication equipment
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CLASS D MACHINERY
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D1 - Earth moving machinery
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D 2 - Sale of motor vehicles
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D3 - Sale of agricultural and power plants
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CLASS E ENERGY
|
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(a) Sale of batteries
|
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(b) Sale of solar panels
|
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(c) Sale of electrical installations
|
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CLASS F I
|
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• Petrol service stations
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CLASS F 2
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• Petrol filling stations
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CLASS G 1
|
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Universities
|
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CLASS G 2
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Post-secondary institutions
|
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CLASS G 3Post primary education
|
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CLASS G 4
|
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Secondary education
|
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CLASS G 5
|
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Primary
|
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Schools
|
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CLASS G 6
|
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Early childhood institutions
|
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3. CLASS H I Eateries for food and drink to be consumed cold onsite
|
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CLASS H 2 Fast foods and take away including butcheries
|
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CLASS H 3 Butcheries
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CLASS J Alcoholic drinks
|
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CLASS K - Hotels, hostels and guest houses,
|
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CLASS L - Cinema halls, gymnasiums, casinos, night clubs,betting shops
|
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CLASS M l - Hospitals,
|
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M 2 - Nursing homes
|
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M 3- invasive laboratory services,
|
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M 4 funeral homes
|
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CLASS N Veterinary services
|
|
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(a) Hospital(b) Outpatient clinic
|
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CLASS P - scrap metal yards, recycling of non-bio degradablematerial
|
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CLASS Q - garages, car wash sites
|
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CLASS R - automobile spare parts outlets, hardware, sale of lubricants
|
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CLASS S- sale of motor vehicles and agricultural machinery
|
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CLASS T - theatres, fanfare and amusement parks
|
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CLASS U 1 - Processing of human food products
|
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CLASS U 2 Processing animal feeds
|
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CLASS V Processing and storage of organic and inorganic chemical substances
|
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CLASS W1 Processing and storage of radio active substances
|
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CLASS W2 incineration, disposal of biomedical and chemical wastes
|
|
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XV ( a) Demolition of buildings or structure aimed at compliance with county specific physical and land useplanning policies and approved physical and land use plans is permitted subject to the conditions set out in the Third Schedule. The person who intends to undertake demolition under this paragraph, shall in writing notify the county executive committee member fourteen days beforecommencement of works
|
|
|
(b) Demolition of any building the cubic content of which measured externally does not exceed 50 cubic meters
|
|
|
(c) Demolition of the whole or any part of any gate, fence, wall or other means of enclosure except in heritage areas declared or deemed to have been declared under the National Museums and Heritage Act (Cap. 216).
|
|
|
(d) Permitted demolition shall comply with conditions listed in the Third Schedule.
|
|
THIRD SCHEDULE [r. 8(1)]
PREPARATION OF SUBDIVISION OR AMALGAMATION SCHEME
| 1. |
Compliance with the approved EIA & A Report
|
| i. |
Compliance with relevant national and county specific policies on physical and land use planning
|
| ii. |
Compliance with relevant physical and land use development plans
|
| iii. |
To repair and make good any damage to adjacent building or structure caused by the demolition or negligent act or omission of any person engaged in it
|
| iv. |
To remove material or debris resulting from demolition or clearance of the site
|
| v. |
To remove and seal at such a point as the statutory undertaker may reasonably require, any sewer or water pipe under the building
|
| vi. |
To make arrangements with relevant statutory undertakers for disconnection of supply of electricity and water to the building
|
| vii. |
To leave the site following demolition in such a condition as the planning authority may consider reasonably necessary to guarantee public safety and ensure preservation of amenity
|
| viii. |
Any other condition..............
|
THE PHYSICAL AND LAND USE PLANNING (LIAISON COMMITTEES) REGULATIONS
ARRANGEMENT OF REGULATIONS
| 3. |
Object of the Regulations
|
PART II – NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
| 4. |
Conduct of business of National Liaison Committee
|
| 5. |
Election of the chairperson of the National Liaison Committee
|
| 6. |
Election of an interim chairperson
|
| 9. |
Responsibilities of chairperson
|
| 10. |
Role of the Secretary
|
| 12. |
Submission of appeals
|
| 13. |
Particulars of the appeals register
|
| 15. |
Withdrawal and abandonment of appeals
|
| 17. |
Filing of response by respondent
|
| 19. |
Disclosure of conflict of interest
|
| 20. |
Consolidation of appeals
|
| 21. |
Quorum of meetings and voting
|
| 23. |
Appearance of the parties at a hearing
|
| 24. |
Power to determine appeal without hearing
|
| 25. |
Power to issue interim orders
|
| 27. |
Communication of determination
|
| 28. |
Filing of response by a respondent
|
PART III – COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
| 29. |
Conduct of business of the Committee
|
| 30. |
Inauguration of the County Liaison Committee
|
| 33. |
Responsibility of the chairperson
|
| 35. |
Complaint, claim or appeals procedure
|
| 36. |
Statement of complaint or claim or appeal
|
| 37. |
Submission of complaint, claim or appeal
|
| 38. |
Particulars of the appeals register
|
| 39. |
Withdrawal and abandonment of complaint, claim or appeal
|
| 40. |
Amendment of complaint/claim/appeal
|
| 41. |
Filing of a response by respondent
|
| 43. |
Consolidation of complaint, claim or appeal
|
| 44. |
Disclosure of conflicts of interests
|
| 47. |
Appearance of the parties at a hearing
|
| 48. |
Power to determine complaint, claim or appeal without hearing
|
| 49. |
Power to issue interim orders
|
| 51. |
Decisions of the committee
|
| 52. |
Communication of decisions
|
| 53. |
Reasons for committees' decisions
|
| 54. |
Filing and publication of determination
|
SCHEDULES
| SECOND SCHEDULE [r. 56] — |
FEES
|
THE PHYSICAL AND LAND USE PLANNING (LIAISON COMMITTEES) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Liaison Committees) Regulations, 2021.
|
| 2. |
Interpretation
In these Regulations, unless the content otherwise requires—
"amendment" means the formal addition, modifications or removal of parts of a complaint, claim or appeal with an intention to improve the complaint, claim or appeal;
"application for development permission" means an application for permission to develop land under section 55 of the Act;
" appeal" means a matter filed—
| (a) |
before the National Physical and Land Use Planning Liaison Committee under section 75(1)(b); or
|
| (b) |
before the County Physical and Land Use Planning Liaison Committee under section 78(a), (b) and (d);
|
"County Liaison Committee" means the County Physical and Land Use Planning Liaison Committee established under section 76;
"enforcement notice" means a notice served by a planning authority on a developer under section 72;
"interested party" means a person or a legal entity who expresses interest to be enjoined in a claim, complaint or appeal, who may be prejudiced if not joined but is not an original party to the appeal;
"National Liaison Committee" means the National Physical and Land Use Planning Liaison Committee established under section 73;
"party" includes an appellant, applicant, respondent or interested party;
"register" means a record of appeals kept pursuant to section 87(1) of the Act and these Regulations;
" secretariat" refers to an office offering secretariat services provided by the—
| (b) |
by the County Executive Committee Member under section 77(3); and
|
"secretary" means an officer appointed by—
| (a) |
the Cabinet Secretary under section 74(2) of the Act in respect of the National Physical and Land Use Planning Liaison Committee, or
|
| (b) |
the County Executive Committee Member under section 74(3) of the Act in respect of the, County Physical and Land Use Planning Liaison Committee.
|
|
| 3. |
Object of the Regulations
The object of these Regulations to provide for the institutional framework and mechanisms for resolving disputes relating to physical and land use planning.
|
PART II – NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
| 4. |
Conduct of business of National Liaison Committee
The National Liaison Committee shall—
| (a) |
save as otherwise provided in these Regulations, determine its own procedure; and
|
| (b) |
meet at least four times in a year, with not more than three months elapsing between the meetings of the Committee.
|
|
| 5. |
Election of the chairperson of the National Liaison Committee
| (1) |
The Cabinet Secretary shall convene the first meeting of the National Liaison Committee and preside over the election of the chairperson.
|
| (2) |
If the office of the chairperson falls vacant, the Cabinet Secretary shall convene a meeting and preside over the election of a new chairperson.
|
|
| 6. |
Election of an interim chairperson
Where the chairperson of a National Liaison Committee is unable to exercise his or her functions owing to illness, genuine absence or any other reason, the members present shall elect one of the members appointed under paragraph (h), (i), (j), (k), (1) or (m) of section 74 (4) to act as an interim chairperson for a particular meeting.
|
| 7. |
Vacancy of office
The office of the chairperson or a member shall become vacant if the holder—
| (a) |
resigns from his or her position by notice in writing addressed to the appointing authority;
|
| (b) |
is absent from three consecutive meetings of the committee without notice;
|
| (c) |
is convicted of an offence by a court of competent jurisdiction and sentenced to imprisonment for a term of at least six months without the option of a fine;
|
| (d) |
is unable or unfit, by reason of mental or physical infirmity, to discharge his or her functions as a member of the committee;
|
| (f) |
loses membership in the nominating professional body;
|
| (g) |
the term of office expires; or
|
| (h) |
is removed from office on the ground of—
| (i) |
gross violation of the Constitution or any other written law; |
| (ii) |
gross misconduct or misbehavior; |
| (iii) |
incompetence or neglect of duty; or |
|
|
| 8. |
Filling of a vacancy
| (1) |
If a vacancy occurs in the office of the chairperson or member of the Committee, the secretary to the Committee shall communicate in writing to the Cabinet Secretary of the existence of a vacancy.
|
| (2) |
If a vacancy occurs in the office of a member under section 74 (1) (h), (i), (j), (k), (1) or (m), the Cabinet Secretary shall communicate in writing to the respective nominating body to nominate suitable person within thirty days of the occurrence of the vacancy.
|
| (3) |
A vacancy under paragraph (1) shall be filled within fourteen days after the name is nominated under subregulation (2).
|
|
| 9. |
Responsibilities of chairperson
The chairperson shall be responsible for—
| (a) |
presiding over the meetings of the National Liaison Committee;
|
| (b) |
approving communication from the National Liaison Committee; and
|
| (c) |
assigning any member or Secretariat any other role in accordance with these Regulations.
|
|
| 10. |
Role of the Secretary
| (a) |
be the head of secretariat;
|
| (b) |
be responsible for the day-to-day operations of the secretariat;
|
| (c) |
in consultation with the chairperson, prepare the agenda of meetings of the National Liaison Committee;
|
| (d) |
record proceedings, deliberations and decisions of the National Liaison Committee;
|
| (e) |
keep a record of meetings and decisions of the National Liaison Committee;
|
| (f) |
avail certified copies of minutes when required;
|
| (g) |
receive, register and keep custody of appeals and any other supportive documents to the appeal;
|
| (h) |
facilitate provision of extracts and copies from the register;
and
|
| (i) |
undertake any other duty assigned by the National Liaison Committee.
|
|
| 11. |
Filing of appeals
| (1) |
A person who is aggrieved by a decision of the planning authority may file an appeal to the Committee in accordance with section 32(4) or 75(2) of the Act.
|
| (2) |
An appeal shall be initiated by filing a statement of appeal signed by the appellant or the appellant’s authorized representative in Form PLUPA LC-1(a) as set out in the First Schedule.
|
| (3) |
A Statement of Appeal shall contain—
| (a) |
the name and address of the appellant;
|
| (b) |
the name and address of the appellant’s authorized representative, if any;
|
| (c) |
the nature of the decision appealed against and the facts and grounds on which the appeal relies on;
|
| (e) |
any principle of law, policy or regulations that the appeal relies on;
|
| (f) |
a list of witnesses, if any; and
|
| (g) |
a list of the annexures containing—
| (i) |
a copy of the decision being appealed against; |
| (ii) |
the documents the appellant wishes to rely on in the appeal; and |
| (iii) |
the details of witnesses as specified in the appeal application in Form PLUPA LC- 1(a) set out in the First Schedule; |
| (iv) |
minutes of the decision being appealed against, if any; and |
| (v) |
payment receipt of appropriate fee prescribed under the Second Schedule. |
|
|
| (4) |
Upon the receipt of the appeal, the respondent may file a response within seven working days
|
|
| 12. |
Submission of appeals
| (1) |
The appeal shall be submitted to the secretariat of the National Physical and Land Use Planning Liaison Committee.
|
| (2) |
The appellant shall submit the print and electronic copy of the appeal in triplicate.
|
| (3) |
The secretary shall,on receipt of the appeal and confirmation of payment of the fee specified under these Regulations—
| (a) |
record the particulars of the appeal in the register of appeals;
|
| (b) |
issue to the appellant a copy of the appeal, which has been duly stamped and with a reference number;
|
| (c) |
serve a copy of the appeal to the respondent within seven days;
|
| (d) |
advice the appellant of any other matter which the secretary deems fit and necessary; and
|
| (e) |
inform the appellant of the date the matter shall be heard.
|
|
|
| 13. |
Particulars of the appeals register
| (1) |
The Secretary shall keep a register of appeals which shall contain the following particulars—
| (a) |
the identity of the parties and their respective contacts; including physical address
|
| (b) |
the particulars of interested parties enjoined in the appeal, if any;
|
| (c) |
the serial number of the appeal;
|
| (d) |
the date of receipt of the appeal;
|
| (f) |
the relief sought by an appellant;
|
| (h) |
notice of withdrawal, if any and date thereof;
|
| (i) |
the decisions made and the date thereof;
|
| (j) |
the date of communication of the Committees decision to the appellant;
|
| (k) |
the date of filing the decision in the Environment and Land Court; and
|
| (l) |
any other details that the Committee may deem fit and just.
|
|
| (2) |
A request for inspection of a register shall be in Form PLUPA LC- 5(a) set out in the First Schedule.
|
|
| 14. |
Interested parties
| (1) |
Within fourteen days of an appeal being lodged, any person may apply to the chairperson in writing to be enjoined as an interested party.
|
| (2) |
An application under regulation 13 (1) shall include—
| (a) |
description of the interested party;
|
| (b) |
depiction of such prejudice as the interested party would suffer if the request was denied;
|
| (c) |
the grounds or submissions to be advanced by the interested party, their relevance to the appeal and their departures from the stand point of the parties,
|
|
| (3) |
The committee shall determine whether to allow the interested party to be enjoined in the appeal and communicate in writing the Committee’s decision to the applicant within fourteen days of determination of the application.
|
| (4) |
The committee may issue an interim order to stop development pending determination of the appeal in accordance with regulation 24.
|
|
| 15. |
Withdrawal and abandonment of appeals
| (1) |
An appellant may, with the leave of the Committee and upon such terms as to costs or otherwise as the Committee may direct at any time before the determination of an appeal, give a notice of intention to withdraw an appeal in writing in Form PLUPA LC - 8 (a) as set out in the Schedule.
|
| (2) |
Where an appeal is withdrawn pursuant to subregulation (1), no further appeal shall be allowed by the Committee in respect of the same subject matter.
|
| (3) |
The Committee may determine an appeal to have been abandoned if the appellant fails to—
| (a) |
respond to summons to appear for hearings for two consecutive sittings;
|
| (b) |
file a response when required; or
|
| (c) |
show cause why the appeal should not be deemed abandoned or withdrawn within fourteen (14) days of service.
|
|
|
| 16. |
Amendment of Appeals
The appellant may amend the appeal within two working days upon filing.
|
| 17. |
Filing of response by respondent
Upon receipt of an appeal, the respondent shall file a written response within fourteen (14) days stating whether or not the respondent intends to oppose the appeal and the grounds on which it relies in opposing the appeal.
|
| 18. |
Conduct of hearings
| (1) |
The secretary, in consultation with the chairperson, shall set the time, date and place of hearing of an appeal.
|
| (2) |
The secretary shall communicate to the parties, in writing, the date, time and place of the hearing within seven days of receipt of appeal in Form PLUPA 6(a) set out in the First Schedule.
|
| (3) |
At the commencement of a hearing, the chairperson shall direct the parties of the order in which they shall argue the appeal.
|
|
| 19. |
Disclosure of conflict of interest
| (1) |
A member of the committee shall disclose interest on the matter which is the subject of the proceedings which would conflict with the proper performance of the member's function.
|
| (2) |
Except with the consent of all parties, any member of the committee who has declared interest under this regulation shall not take part in the proceedings.
|
| (3) |
The committee shall maintain a register for recording of conflict of interest.
|
| (4) |
A disclosure of conflict of interest shall be recorded in the minutes of the meeting and the register of conflicts of interest.
|
|
| 20. |
Consolidation of appeals
The Committee may, in its discretion consolidate appeals, where appeals have been filed in respect of the same matter or in respect of several interest in the same subject of the dispute.
|
| 21. |
Quorum of meetings and voting
The quorum for the meetings of the committee shall be at least nine members.
|
| 22. |
Language of hearing
| (1) |
The language of the appeals shall be Kiswahili or English.
|
| (2) |
Despite subregulation (1), a party may make a request to make a representation in any language of their choice including braille or sign language.
|
| (3) |
A request under subregulation (2) shall be made at least seven days before the hearing of the appeal.
|
| (4) |
Upon receiving the request made under subregulation (2), the committee shall avail the interpretation services required during the hearing of the appeal.
|
|
| 23. |
Appearance of the parties at a hearing
| (1) |
The committee shall issue summons in Form PLUPA LC - 2(a) set out in the First Schedule, which shall be served upon the respondent by the secretary within the period specified in the summons.
|
| (2) |
The appellant shall appear at the hearing in person or through an authorized representative.
|
| (3) |
The appointment of the representative shall be communicated in FormPLUPA LC-3(a) set out in the First Schedule.
|
| (4) |
If on the scheduled date for hearing of an appeal—
| (a) |
neither party attends the hearing, the application may be dismissed; or
|
| (b) |
where either the applicant or the respondent does not attend the hearing, the committee may proceed as it deems fit.
|
|
| (5) |
A party who, for a sufficient cause did not attend the hearing and is aggrieved by the decision of the committee under subregulation (4) may apply to the committee to have application heard afresh.
|
| (6) |
The Committee, in case of subregulation (5) shall consider a request for fresh determination and may set a side the decision made:
Provided that the party shall demonstrate sufficient cause for non-attendance.
|
|
| 24. |
Power to determine appeal without hearing
The Committee may, subject to consent in writing of all the parties to an appeal, determine the appeal without an oral hearing.
|
| 25. |
Power to issue interim orders
| (1) |
The committee may issue interim orders to stop development for a period of fourteen days pending determination of the appeal in Form PLUPALC-7(a) as set out in the First Schedule.
|
| (2) |
Any development affecting any land to which an enforcement notice relates shall be discontinued and execution of the enforcement notice shall be stayed pending determination of an appeal.
|
| (3) |
Where a party is aggrieved by a decision of the national planning authority and files an appeal seeking interim orders, the committee may direct that implementation of the decision be suspended until the matter is heard and determined.
|
|
| 26. |
Site visits
Prior to the determination of an appeal, the committee may on its own motion or an application by any of the parties visit or inspect the site that is subject of appeal.
|
| 27. |
Communication of determination
The Chairperson shall notify the parties in an appeal of the committees' determination through paper or electronic form within fourteen(14) days of the determination in Form PLUPA LC - 4(a) as set out in the First Schedule.
|
| 28. |
Filing of response by a respondent
The Committee shall give reasons for all its decision and determinations, and each of any such decisions shall include—
| (a) |
a statement of the findings of fact made from evidence adduced, including, where applicable, any relevant government policy; and
|
| (b) |
a statement of the laws and rules of law applied, and the interpretation thereof.
|
|
PART III – COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
| 29. |
Conduct of business of the Committee
The County Liaison Committee shall—
| (a) |
determine its own procedure; and
|
| (b) |
meet at least four times in a year, with not more than three months elapsing between the meetings of the Committee.
|
|
| 30. |
Inauguration of the County Liaison Committee
The County Executive Committee Member shall convene the first meeting to inaugurate the County Liaison Committee.
|
| 31. |
Vacancy of office
The position of the chairperson or a member of the County Liaison Committee shall become vacant, if the holder—
| (a) |
resigns from his or her position by notice in writing addressed to the appointing authority;
|
| (b) |
is absent from three consecutive meetings of the committee without notice;
|
| (c) |
is convicted of an offence by a court and sentenced to imprisonment for a term of six months or more without the option of a fine;
|
| (d) |
is unable or unfit, by reason of mental or physical infirmity, to discharge his functions as a member of the committee;
|
| (f) |
loses membership in the nominating professional body;
|
| (g) |
expiry of term of office; or
|
| (h) |
is removed from office on any of the following grounds—
| (i) |
gross violation of the Constitution law or any other written law; |
| (ii) |
gross misconduct or misbehavior; |
| (iii) |
incompetence or neglect of duty; |
|
|
| 32. |
Filling of vacancies
| (1) |
In the event that a vacancy falls in the office of the chairperson, the secretary shall within seven days notify in writing the County Executive Committee Member on the existence of a vacancy.
|
| (2) |
The County Executive Committee Member shall within seven days declare vacancy and notify the Law society of Kenya to nominate a replacement within fourteen days after notification.
|
| (3) |
In case of a vacancy in the office of a member under section 14(2) the chairperson shall notify the County Executive Committee Member in writing within seven days on the existence of a vacancy of a member.
|
| (4) |
A vacancy declared under sub-regulation (3) shall be filled within fourteen days from the date of notification.
|
|
| 33. |
Responsibility of the chairperson
| (a) |
preside over the meetings of the County Liaison Committee;
|
| (b) |
approve communication from the County Liaison Committee;
|
| (c) |
notify the County Executive Committee Member on the existence of a vacancy of a member; and
|
| (d) |
may assign any other role to any committee member or secretariat under these Regulations.
|
|
| 34. |
Roles of secretary
| (a) |
be the head of secretariat;
|
| (b) |
be responsible for the day-to-day operations of the secretariat;
|
| (c) |
prepare the agenda of meetings;
|
| (d) |
record proceedings deliberations and decisions of the committee;
|
| (e) |
keep a record of meetings and decisions of the committee;
|
| (f) |
avail certified copies of minutes when required;
|
| (g) |
receive, register and keep custody of appeals and any other supportive document to the appeal;
|
| (h) |
facilitate provision of extracts and copies from the register;
|
| (i) |
notify the County Executive Committee Member on the existence of a vacancy in the office of the chairperson;
|
| (j) |
undertake any other duty assigned by the committee.
|
|
| 35. |
Complaint, claim or appeals procedure
| (1) |
A person, who wishes to appeal a decision by a planning authority, shall file an appeal to the committee in accordance with sections 40(4), 49(2), 61(3), 72(3) and 78 of the Act which shall be signed by the appellant or the appellant’s authorized representative in Form PLUPA LC- 1(b) as set out in the First Schedule.
|
|
| 36. |
Statement of complaint or claim or appeal
A statement of appeal, complaint or claims shall contain—
| (a) |
the name and address of the complainant, claimant or appellant;
|
| (b) |
the names and address of the complainant, claimant or appellant’s authorized representative, if any;
|
| (c) |
the nature of the complaint or claim appealed against, the facts and grounds on which the complaint, claim or appeal relies on;
|
| (e) |
any principle in law, policies or regulations that the appeal relies on;
|
| (f) |
a list of witnesses, if any; and
|
| (g) |
| (i) |
copy of decision being complaint, claimed or appealed against; |
| (ii) |
documents the complainant, claimant or appellant wishes to rely on in the complaint, claim or appeal; |
| (iii) |
details of witnesses in Form PLUPA LC- 1(b) as set out in the First Schedule; |
| (iv) |
minutes of the decision being appealed against, if any; and |
| (v) |
payment receipt of the appropriate fee prescribed under the Second Schedule. |
|
|
| 37. |
Submission of complaint, claim or appeal
| (1) |
The complaint, claim or appeal shall be submitted to the committee.
|
| (2) |
The complainant, claimant or appellant shall submit three hard copies or in an electronic copy of the appeal.
|
| (3) |
On receipt of a complaint, claim or appeal and confirmation of the payment of the prescribed fee under these Regulations, the secretary shall—
| (a) |
acknowledge receipt by stamping on the face of the statement of appeal the date of receipt, which date must be the date of filing;
|
| (b) |
record the particulars of the complaint, claim or appeal in the register of complaints, claims or appeals;
|
| (c) |
issue a copy of the complaint, claim or appeal stamped as received with a reference number from the register to the complainant, claimant or appellant;
|
| (d) |
forward a copy of the complaint, claim or appeal to the respondent within seven days; and
|
| (e) |
advice the complainant, claimant or appellant of any other matter which the secretary deems fit and just.
|
|
|
| 38. |
Particulars of the appeals register
| (1) |
The secretariat shall keep a register of complaint, claim or appeal which shall contain the following particulars—
| (a) |
the identity of the parties and their respective contacts;
|
| (b) |
the serial number of the complaint, claim or appeal;
|
| (c) |
the date of receipt of the complaint, claim or appeal;
|
| (d) |
the nature of a complaint, claim or appeal;
|
| (e) |
the relief sought in complaint, claim or appeal;
|
| (g) |
notice of withdrawal, if any and date thereof;
|
| (h) |
the decisions made and the date thereof;
|
| (i) |
date of communication of the Committees decision to the complainant, claimant or appellant; and
|
| (j) |
the date of filing the decision in the Environment and Land Court.
|
|
| (2) |
A request for inspection of a register shall be made in Form PLUPA LC- 5(b) as set out in the First Schedule.
|
|
| 39. |
Withdrawal and abandonment of complaint, claim or appeal
| (1) |
A complainant, claimant or appellant may, with the leave of the committee and upon such terms as to costs or otherwise as the committee may direct at any time before the determination of a complaint, claim or appeal, give a notice of intention to withdraw a complaint, claim or appeal in Form PLUPA LC-8(b) set out in the First Schedule.
|
| (2) |
Where a complaint, claim or appeal is withdrawn under sub-regulation (1), no further complaint, claim or appeal shall be allowed in respect of the same subject matter.
|
| (3) |
The committee may determine a complaint, claim or appeal to have been abandoned if the complainant, claimant or appellant fails to—
| (a) |
responds to summons by the committee within seven days of service effected either through electronic media, the known postal address or posting on the site;
|
| (b) |
file a response when required within seven days of service effected either through electronic media, the known postal address or posting on the site;
|
| (c) |
show cause why the appeal should not be declared abandoned or withdrawn within seven days of service;
|
| (d) |
fails without demonstrating sufficient cause to attend the hearing either in person or through a resprestative.
|
|
| (4) |
A party who for sufficient cause did not attend the hearing and is aggrieved by the decision of the committee under these Regulations, may apply to the committee to have the complaint, claim or appeal heard afresh.
|
| (5) |
The committee shall consider the request under subregulation (4) and may set aside or vary the decision made.
|
|
| 40. |
Amendment of complaint/claim/appeal
The complainant, claimant or appellant may amend the complaint, claim or appeal within seven days upon filing and must serve all parties within seven days of filing.
|
| 41. |
Filing of a response by respondent
| (1) |
The respondent shall, upon receipt of a complaint, claim or appeal, file a written response within seven days of receipt thereof.
|
| (2) |
The respondent shall state—
| (a) |
whether or not he intends to oppose the appeal and the grounds on which it relies in opposing the appeal;
|
| (b) |
whether any other person or entity has a direct interest in the subject matter of the appeal, the name and address of such other person or entity; and
|
| (c) |
care must be taken to see that documents filed are legible.
|
|
|
| 42. |
Conduct of hearings
| (1) |
The Secretary shall, in consultation with the chairperson, set the agenda, time, date and place of hearing of an appeal.
|
| (2) |
The Secretary shall communicate in writing on the date, time and place of the hearing to the respective parties within seven days of receipt of complaint, claim or appeal in Form PLUPA LC-6(b) as set out in the First Schedule.
|
| (3) |
At the commencement of a hearing the chairperson shall direct the parties of the order in which they shall argue the complaint, claim or appeal.
|
|
| 43. |
Consolidation of complaint, claim or appeal
The Committee may, in its discretion consolidate complaints, claims or appeals, where they have been filed in respect of the same subject matter or in respect of several interests in the same subject of dispute.
|
| 44. |
Disclosure of conflicts of interests
| (1) |
The Committee shall maintain a register of conflicts of interest disclosed by the members.
|
| (2) |
A disclosure of a conflict of interest shall be recorded in the minutes of the meeting and the register of conflicts of interest.
|
|
| 45. |
Quorum
The quorum at the meetings of the committee shall be at least one-half of the members and shall be maintained throughout a meeting of the Committee.
|
| 46. |
Language of hearing
| (1) |
The language of the complaint, claim or appeal shall be Kiswahili or English.
|
| (2) |
Despite subregulation (1), a party may make a request to make a representation in any language of their choice including braille or sign language.
|
| (3) |
A request under subregulation (2) shall be made at least seven days before the hearing of the complaint, claim or appeal.
|
| (4) |
Upon the request made under subregulation (2), the committee shall avail the required interpretation services required during the complaint, claim or appeal hearing.
|
|
| 47. |
Appearance of the parties at a hearing
| (1) |
The committee shall issue summons in Form PLUPA LC- 2(b) as set out in the First Schedule, which shall be served upon the respondent by the secretary within the period specified in the summons.
|
| (2) |
The complainant, claimant or appellant shall appear at the hearing in person or through an authorized representative.
|
| (3) |
The appointment or substitution of the representative shall be communicated in Form PLUPA LC- 3(b) as set out in the First Schedule.
|
|
| 48. |
Power to determine complaint, claim or appeal without hearing
The committee may, by consent in writing of all the parties to a complaint, claim or appeal determine the appeal without an oral hearing.
|
| 49. |
Power to issue interim orders
| (1) |
The committee may issue interim orders to stop development pending determination of the appeal in Form PLUPA LC-7(b) as set out in the First Schedule.
|
| (2) |
Any development affecting any land to which an enforcement notice relates shall be discontinued and execution of the enforcement notice shall be stayed pending determination of an appeal.
|
| (3) |
Where a party is aggrieved by approval of a development application by the planning authority and files an appeal seeking interim orders, the committee may direct that the approval be suspended until the matter is heard and determined.
|
|
| 50. |
Site visits
Prior to determination of a complaint, claim or appeal, the committee may on its own motion or an application from any of the parties visit or inspect the site subject of complaint, claim or appeal.
|
| 51. |
Decisions of the committee
| (1) |
The decisions of the committee shall be taken by the vote of the majority members but shall not include the votes of co-opted any members.
|
| (2) |
In case of a tie of the vote the chairperson or the member acting as the chairperson shall have a casting vote in addition to the deliberative vote.
|
|
| 52. |
Communication of decisions
The chairperson shall notify the parties in an appeal of the committee’s determination of the complaint, claim or appeal, in Form PLUPA LC-4(b) as set out in the First Schedule.
|
| 53. |
Reasons for committees' decisions
The committee shall give reasons for all its decision and determinations, and each of any such decisions shall include—
| (a) |
a statement of the findings of fact made from the evidence adduced, including, where applicable, any relevant government policy; and
|
| (b) |
a statement of the laws and rules of law applied, and the interpretation thereof.
|
|
| 54. |
Filing and publication of determination
Determination by liaison committee under section 80(3) shall be transmitted to the Environment and Land Court by the chairperson under the seal of the committee
|
| 55. |
Correction of errors
A clerical or arithmetic mistake in a liason committee decision as a result of omission or slip may after determination under section 80(3), or before or after recording by the court as a judgment of the court be corrected by the Committee on its own motion or by an order by the court or on application of any interested party to give effect to what was the intention of the Committee.
|
| 56. |
Fees
There shall be paid such fees for the purposes of these Regulations as prescribed in the Second Schedule.
|
FIRST SCHEDULE
Forms
FORM PLUPALC-1(a) (r.11(2))
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
In the matter of an appeal under section 75 of The Physical and Land Use Planning Act, 2019.
| 1. |
TAKE NOTICE that the Appellant appeals against the decision of the......... made on the.............. day of........... 20..........
|
| 2. |
The Appeal relates to............................................
....................................................................................
|
| 3. |
The decision appealed against is..........................
....................................................................................
....................................................................................
|
| 4. |
The Appeal is based on the following grounds: (set out each ground concisely)
| (a) |
.......................................................................
|
| (b) |
.......................................................................
|
| (c) |
.......................................................................
|
|
| 5. |
The principle of policy or law relied on in the appeal:
| (a) |
.......................................................................
|
| (b) |
.......................................................................
|
| (c) |
.......................................................................
|
| (a) |
.......................................................................
|
| (b) |
.......................................................................
|
|
| 6. |
The documents the Appellant intends to rely on in the appeal:
| (a) |
.......................................................................
|
| (b) |
.......................................................................
|
| (c) |
.......................................................................
|
|
| 7. |
The witnesses the Appellant intends to call up at the hearing of the Appeal: where applicable
1) Name......................................................................
contact(s) ....................................................................
ID/Passport No. ........................................................
2) Name......................................................................
contact(s) ....................................................................
ID/Passport No. ........................................................
3) ..................................................................................
Name..........................................................................
contact(s)....................................................................
ID/Passport No. ........................................................
(attach ID/passport copies)
|
| 6. |
The reliefs sought in this Appeal are as follows: (set out each relief concisely)
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
FILED ON THIS............ DAY OF........... 20............
SIGNED
Appellant
Name .....................................................................
Telephone No. .......................................................
Postal Address ......................................................
Email Address .......................................................
Physical Address ..................................................
Appointed Representative's where applicable
SIGN.....................................................................
Name .....................................................................
Telephone No. .......................................................
Postal Address ......................................................
Email Address .......................................................
Physical Address ..................................................
TO BE SERVED UPON: Insert the names and address of the other parties to the Appeal.
1) ..................................................................................
2) ..................................................................................
3) ..................................................................................
For Official Use Only
APPEAL No .......... OF 20..............
|
FORM PLUPA LC-1(b) (r.34)
(Enter county name) ..................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
STATEMENT OF COMPLAINT/CLAIM/APPEAL
In the matter of an appeal under section 75 of The Physical and Land Use Planning Act, 2019
| 1. |
TAKE NOTICE that the Appellant complains/appeals against the decision of the county Executive Committee Member made on the ........... day of ................. 20........
|
| 2. |
The Appeal relates to
....................................................................................
|
| 3. |
The decision appealed against is .....................................................
|
| 4. |
The Complaint/Claim/Appeal is based on the following grounds: (set out each ground concisely)
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
| (d) |
......................................................................
|
| (e) |
......................................................................
|
| (f) |
......................................................................
|
|
| 5. |
The principle of policy or law relied on in the appeal:
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
| (d) |
......................................................................
|
| (e) |
......................................................................
|
| (f) |
......................................................................
|
|
| 6. |
The documents the Complainant/Claimant/Appellant intends to rely on in the Appeal:
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
| (d) |
......................................................................
|
| (e) |
......................................................................
|
| (f) |
......................................................................
|
|
| 7. |
The witnesses the Complainant/Claimant/Appellant intends to call up at the hearing of the Appeal: where applicable
Name .....................................................................
Telephone No ........................................................
Postal Address ......................................................
Email Address .......................................................
Physical Address ..................................................
ID/Passport No. ...................................................
1) Name......................................................................
Telephone No ........................................................
Postal Address ......................................................
Email Address .......................................................
Physical Address ..................................................
ID/Passport No. ...................................................
Name.....................................................................
Telephone No ........................................................
Postal Address ......................................................
Physical Address ..................................................
Email Address .......................................................
ID/Passport No. ...................................................
(attach ID/passport copies)
|
| 6. |
The reliefs sought in this Complain/Claim/Appeal are as follows: (set out each relief concisely
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
FILED ON THIS............ DAY OF........... 20............
SIGNED
Complainant/Claimant/Appellant
Name .....................................................................
Telephone No ........................................................
Postal Address ......................................................
Email Address .......................................................
Physical Address ..................................................
Appointed Representative's where applicable
Name .....................................................................
Telephone No ........................................................
Postal Address ......................................................
Email Address .......................................................
Physical Address ..................................................
SIGN......................................................................
TO BE SERVED UPON: Insert the names and address of the other parties to the Appeal.
1) ..................................................................................
2) ..................................................................................
3) ..................................................................................
|
FORM PLUPA LC- 2(a) (r.22(l))
(Enter county name) ..................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
SUMMONS TO: ........................................................................................................
NOTE YOU ARE SUMMONED to appear in person before the National Physical and
Land Use Planning Liaison Committee at ................... on ..................... day of ................... for the hearing of the appeal and thereafter to remain in attendance until excused by the Liaison Committee regarding all matters within your knowledge relating to the appeal.
YOU ARE REQUIRED to bring and produce to the Liaison Committee the following;
(Insert the document to be produced)
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
| (d) |
......................................................................
|
TAKE NOTE that if you do not comply with this summon you will be subject to Contempt of National Physical and Land Use Planning Liaison proceedings.
TAKE NOTE also that failure to honor the summon would not stop the Committee from determining the matter or taking any other action as it deems fit.
SIGNED ON THIS ............DAY OF ...........20............
..............................................
SECRETARY,
NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE.
FORM PLUPA LC- 2(b) (r.46)
(Enter county name) ..................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
SUMMONS
TO: ......................................................................
..........................................................................
..........................................................................
NOTE YOU ARE SUMMONED to appear in person before the County Physical and Land Use Planning Liaison Committee at ..................... on ........... day of ....................... for the hearing of the complain/claim/appeal and thereafter to remain in attendance until excused by the Liaison Committee regarding all matters within your knowledge relating to the appeal.
YOU ARE REQUIRED to bring and produce to the Liaison Committee the following;
(Insert the document to be produced)
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
| (d) |
......................................................................
|
TAKE NOTE that if you do not comply with this summon you will be subject to Contempt of County Physical and Land Use Planning Liaison proceedings.
TAKE NOTE also that failure to honor the summon would not stop the Committee from determining the matter or taking any other action as it deems fit.
SIGNED ON THIS............DAY OF...........20............
.............................................
SECRETARY,
COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE.
FORM PLUPA LC- 3(a) (r.22(3))
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
I ............................................ being the Appellant/Applicant/Respondent/Interested Party* authorize ............................ to appear on my behalf in the above Appeal/Application.
I authorize that service of all pleadings shall be effected upon my recognized representative.
SIGNED ON THIS............DAY OF........... 20............
APPELLANT/APPLICANT/RESPONDENT/INTERESTED PARTY*
................................................................................................................................................
REPRESENTATIVE’S NAME AND ADDRESS
................................................................................................................................................
FORM PLUPA LC- 3(b) (r.46)
(enter County name) .......................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
I ....................................................................................................... being the appellant/applicant/respondent/ Interested Party* authorize ........................................ to appear on my behalf in the above Appeal/Application.
I authorize that service of all pleadings shall be affected upon my recognized representative.
SIGNED ON THIS ............DAY OF ...........20............
APPELLANT/APPLICANT/RESPONDENT/INTERESTED PARTY*
................................................................................................................................................
REPRESENTATIVE’S NAME AND ADDRESS
................................................................................................................................................
FORM PLUPA LC- 4(a) (r.26)
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
The National Physical and Land Use Planning Liaison Committee pursuant to provisions of section 80(2) of Physical and Land Use Planning Act, 2019 heard the Appeal Ref No.................... filed on ....................................... by ........................... (insert party(s) and vide minute No .......... dated ................. the Committee made the determination as follows (reliefs)
| 1. |
......................................................................
|
| 2. |
......................................................................
|
| 3. |
......................................................................
|
Dated at ....................... this .......... Day of ............. 20 ..........
Name .....................................................................
Sign.....................................................................
Seal.....................................................................
CHAIRPERSON,
NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
FORM PLUPA LC- 4(b) (r.50)
(enter county name)..................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
The County Physical and Land Use Planning Liaison Committee pursuant to provisions of section 80(2) of Physical and Land Use Planning Act, 2019 heard the Complain/Claim/Appeal Ref No....................... filed on........................ by ......................... (insert party(s) and vide minute No......................... dated..................... the Committee made the determination as follows (reliefs)
| 1. |
......................................................................
|
| 2. |
......................................................................
|
| 3. |
......................................................................
|
Dated at ....................... this .......... Day of ............. 20 ..........
Name.....................................................................
Sign.....................................................................
Seal.....................................................................
CHAIRPERSON,
COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
FORM PLUPA LC- 5(a) (r.12(2))
I/We
.........................................................................................................of ID/passport/Reg No(s) .................................. Tel. .................... PO BOX ......................... pursuant to section 87(3) of Physical and Land Use Planning Act, 2019 apply to examine the Appeals register.
Subject Matter/Interest in the Register
........................................................................................................................................................
........................................................................................................................................................
Signed by
Perusee.....................................................................
Date........................................................................
(attach ID/passport copies)
Authorised by Secretary ..........................................
FORM PLUPA LC- 5(b) (r.38(2))
(Enter county name)..................
I/We ............................................................................................. of ID/passport/Reg No(s) .................................. Tel. .................... PO BOX ......................... pursuant to section 87(3) of Physical and Land Use Planning Act, 2019 apply to examine the Appeals register.
Subject Matter/Interest in the
Register ................................................................................................................................................
........................................................................................................................................................
.................................................. Signed by
Perusee............................................... Date........................................................................
(attach ID/passport copies)
Authorised by Secretary ..........................................
FORM PLUPA LC- 6(a) (r.17(2)
APPEAL No................. OF 20.................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
TO:
........................................................................................................................................................
........................................................................................................................................................
TAKE NOTICE that the HEARING of this appeal has been scheduled for the .................... day of ..................................., 20 ..................... starting ................(Time) before the Committee at .................................. (State location; Name of building, Floor and room Number)
Given under my hand and Seal of the Committee this ........................... day of ................................., 20................
........................................................................................................................................................
........................................................................................................................................................
SECRETARY
NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE.
FORM PLUPA LC- 6(b) (r.41(2))
(enter county name)..................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
TO:
........................................................................................................................................................
........................................................................................................................................................
TAKE NOTICE that the HEARING of this appeal has been scheduled for the .................... day of ..................................., 20 ..................... starting ............... (Time) before the Committee at .................................. (State location; Name of building, Floor and room Number)
Given under my hand and Seal of the Committee this ........................... day of ................................., 20................
........................................................................................................................................................
........................................................................................................................................................
SECRETARY
NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
FORM PLUPA LC- 7(a) (r.24(1))
APPEAL No................. OF 20.................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
TO:
........................................................................................................................................................
........................................................................................................................................................
ORDER
In hearing the Appeal on (date) .............................. on its Own Motion,
In determining the appeal on (date), ..................................on its Own Motion, the Liaison Committee in its proceedings, vide minute number .........................
It is ORDERED that:
| 1. |
......................................................................
|
| 2. |
......................................................................
|
| 3. |
......................................................................
|
| 4. |
......................................................................
|
| 5. |
......................................................................
|
|
Made this ................................................. day of........................................ 20.....................................
|
|
Name .......................................................... Signature ....................................................................
|
|
CHAIRPERSON,
|
|
NATIONAL PHYSICAL AND LAND USE PLANNING LIASION COMMITTEE.
|
FORM PLUPALC-7(b) (r.48(1))
(Enter county name) ..................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
TO:
........................................................................................................................................................
........................................................................................................................................................
ORDER
In hearing the Appeal on (date) .............................. on its Own Motion,
In determining the appeal on (date), ..................................on its Own Motion, the Liaison Committee in its proceedings, vide minute number .........................
It is ORDERED that:
| 1. |
......................................................................
|
| 2. |
......................................................................
|
| 3. |
......................................................................
|
| 4. |
......................................................................
|
| 5. |
......................................................................
|
| 6. |
Made this ..................day of................ 20................
|
|
Name ................................................ Signature:..........................................................
|
|
CHAIRPERSON,
|
|
NATIONAL PHYSICAL AND LAND USE PLANNING LIASION COMMITTEE.
|
FORM PLUPA LC- 8(a) (r.14(1))
WITHDRAWAL OF AN APPEAL
I/We
.........................................................................................................of ID/passport/Reg No(s) .................................. Tel. .................... PO BOX ......................... pursuant to section 83(1) of PLUPA apply to withdraw the Appeal Ref. No. ........................ Dated ..........................
Reasons for
withdrawal...................................................................
Signed by...................................................................
Date........................................................................
Name:........................................................................
(attach ID/passport copies)
FORM PLUPA LC- 8(b) (r.38(1))
(enter county name)..................
WITHDRAWAL OF AN APPEAL
I/We
.........................................................................................................of ID/passport/Reg No(s) .................................. Tel. .................... PO BOX ......................... pursuant to section 83(1) of PLUPA apply to withdraw the Appeal Ref. No. ........................ Dated ..........................
Reasons for withdrawal ......................................................
Signed by ..................................... Date .........................................
Name:............................................................................
(attach ID/passport copies)
SECOND SCHEDULE
|
No
|
Fees description
|
Amount (Kshs)
|
|
1
|
Filling fees:
|
|
|
|
a) Costs of filing in National Liaison Committee
|
5000
|
|
|
b) Costs of filing in County Liaison Committee
|
3000
|
|
2
|
Examination of appeals register
|
Free
|
|
3
|
Obtaining extracts of appeals at National Physical and Land useplanning Liaison Liaison committee
|
500
|
|
4
|
Obtaining extracts of appeals at County Physical and Land use Liaisoncommittee
|
300
|
|
5
|
Photocopy of determinations under both National and County Physical Planning and Land use committee by third parties:
|
|
|
|
a) Front page
|
300
|
|
|
b) Any other page
|
20
|
|
6
|
Amendment of appeals
|
|
|
|
a) National Physical Planning and Land use committee
|
1000
|
|
|
b) County Physical and Land use planning committee
|
500
|
|
7
|
Certification of Full determination
|
500
|
|
8
|
Appointment/ change of an authorized representative
|
|
|
|
a) National Physical Planning and Land use committee
|
1000
|
|
|
b) County Physical and Land use planning committee
|
500
|
|
9
|
Counter-claim fees-Filing of counter claims
|
3000
|
THE PHYSICAL AND LAND USE PLANNING (LIAISON COMMITTEES) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Liaison Committees) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the content otherwise requires—
"amendment" means the formal addition, modifications or removal of parts of a complaint, claim or appeal with an intention to improve the complaint, claim or appeal;
"application for development permission" means an application for permission to develop land under section 55 of the Act;
" appeal" means a matter filed—
| (a) |
before the National Physical and Land Use Planning Liaison Committee under section 75(1)(b); or
|
| (b) |
before the County Physical and Land Use Planning Liaison Committee under section 78(a), (b) and (d);
|
"County Liaison Committee" means the County Physical and Land Use Planning Liaison Committee established under section 76;
"enforcement notice" means a notice served by a planning authority on a developer under section 72;
"interested party" means a person or a legal entity who expresses interest to be enjoined in a claim, complaint or appeal, who may be prejudiced if not joined but is not an original party to the appeal;
"National Liaison Committee" means the National Physical and Land Use Planning Liaison Committee established under section 73;
"party" includes an appellant, applicant, respondent or interested party;
"register" means a record of appeals kept pursuant to section 87(1) of the Act and these Regulations;
" secretariat" refers to an office offering secretariat services provided by the—
| (b) |
by the County Executive Committee Member under section 77(3); and
|
"secretary" means an officer appointed by—
| (a) |
the Cabinet Secretary under section 74(2) of the Act in respect of the National Physical and Land Use Planning Liaison Committee, or
|
| (b) |
the County Executive Committee Member under section 74(3) of the Act in respect of the, County Physical and Land Use Planning Liaison Committee.
|
|
| 3. |
Object of the Regulations
The object of these Regulations to provide for the institutional framework and mechanisms for resolving disputes relating to physical and land use planning.
|
PART II – NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
| 4. |
Conduct of business of National Liaison Committee
The National Liaison Committee shall—
| (a) |
save as otherwise provided in these Regulations, determine its own procedure; and
|
| (b) |
meet at least four times in a year, with not more than three months elapsing between the meetings of the Committee.
|
|
| 5. |
Election of the chairperson of the National Liaison Committee
| (1) |
The Cabinet Secretary shall convene the first meeting of the National Liaison Committee and preside over the election of the chairperson.
|
| (2) |
If the office of the chairperson falls vacant, the Cabinet Secretary shall convene a meeting and preside over the election of a new chairperson.
|
|
| 6. |
Election of an interim chairperson
Where the chairperson of a National Liaison Committee is unable to exercise his or her functions owing to illness, genuine absence or any other reason, the members present shall elect one of the members appointed under paragraph (h), (i), (j), (k), (1) or (m) of section 74 (4) to act as an interim chairperson for a particular meeting.
|
| 7. |
Vacancy of office
The office of the chairperson or a member shall become vacant if the holder—
| (a) |
resigns from his or her position by notice in writing addressed to the appointing authority;
|
| (b) |
is absent from three consecutive meetings of the committee without notice;
|
| (c) |
is convicted of an offence by a court of competent jurisdiction and sentenced to imprisonment for a term of at least six months without the option of a fine;
|
| (d) |
is unable or unfit, by reason of mental or physical infirmity, to discharge his or her functions as a member of the committee;
|
| (f) |
loses membership in the nominating professional body;
|
| (g) |
the term of office expires; or
|
| (h) |
is removed from office on the ground of—
| (i) |
gross violation of the Constitution or any other written law; |
| (ii) |
gross misconduct or misbehavior; |
| (iii) |
incompetence or neglect of duty; or |
|
|
| 8. |
Filling of a vacancy
| (1) |
If a vacancy occurs in the office of the chairperson or member of the Committee, the secretary to the Committee shall communicate in writing to the Cabinet Secretary of the existence of a vacancy.
|
| (2) |
If a vacancy occurs in the office of a member under section 74 (1) (h), (i), (j), (k), (1) or (m), the Cabinet Secretary shall communicate in writing to the respective nominating body to nominate suitable person within thirty days of the occurrence of the vacancy.
|
| (3) |
A vacancy under paragraph (1) shall be filled within fourteen days after the name is nominated under subregulation (2).
|
|
| 9. |
Responsibilities of chairperson
The chairperson shall be responsible for—
| (a) |
presiding over the meetings of the National Liaison Committee;
|
| (b) |
approving communication from the National Liaison Committee; and
|
| (c) |
assigning any member or Secretariat any other role in accordance with these Regulations.
|
|
| 10. |
Role of the Secretary
| (a) |
be the head of secretariat;
|
| (b) |
be responsible for the day-to-day operations of the secretariat;
|
| (c) |
in consultation with the chairperson, prepare the agenda of meetings of the National Liaison Committee;
|
| (d) |
record proceedings, deliberations and decisions of the National Liaison Committee;
|
| (e) |
keep a record of meetings and decisions of the National Liaison Committee;
|
| (f) |
avail certified copies of minutes when required;
|
| (g) |
receive, register and keep custody of appeals and any other supportive documents to the appeal;
|
| (h) |
facilitate provision of extracts and copies from the register;
and
|
| (i) |
undertake any other duty assigned by the National Liaison Committee.
|
|
| 11. |
Filing of appeals
| (1) |
A person who is aggrieved by a decision of the planning authority may file an appeal to the Committee in accordance with section 32(4) or 75(2) of the Act.
|
| (2) |
An appeal shall be initiated by filing a statement of appeal signed by the appellant or the appellant’s authorized representative in Form PLUPA LC-1(a) as set out in the First Schedule.
|
| (3) |
A Statement of Appeal shall contain—
| (a) |
the name and address of the appellant;
|
| (b) |
the name and address of the appellant’s authorized representative, if any;
|
| (c) |
the nature of the decision appealed against and the facts and grounds on which the appeal relies on;
|
| (e) |
any principle of law, policy or regulations that the appeal relies on;
|
| (f) |
a list of witnesses, if any; and
|
| (g) |
a list of the annexures containing—
| (i) |
a copy of the decision being appealed against; |
| (ii) |
the documents the appellant wishes to rely on in the appeal; and |
| (iii) |
the details of witnesses as specified in the appeal application in Form PLUPA LC- 1(a) set out in the First Schedule; |
| (iv) |
minutes of the decision being appealed against, if any; and |
| (v) |
payment receipt of appropriate fee prescribed under the Second Schedule. |
|
|
| (4) |
Upon the receipt of the appeal, the respondent may file a response within seven working days
|
|
| 12. |
Submission of appeals
| (1) |
The appeal shall be submitted to the secretariat of the National Physical and Land Use Planning Liaison Committee.
|
| (2) |
The appellant shall submit the print and electronic copy of the appeal in triplicate.
|
| (3) |
The secretary shall,on receipt of the appeal and confirmation of payment of the fee specified under these Regulations—
| (a) |
record the particulars of the appeal in the register of appeals;
|
| (b) |
issue to the appellant a copy of the appeal, which has been duly stamped and with a reference number;
|
| (c) |
serve a copy of the appeal to the respondent within seven days;
|
| (d) |
advice the appellant of any other matter which the secretary deems fit and necessary; and
|
| (e) |
inform the appellant of the date the matter shall be heard.
|
|
|
| 13. |
Particulars of the appeals register
| (1) |
The Secretary shall keep a register of appeals which shall contain the following particulars—
| (a) |
the identity of the parties and their respective contacts; including physical address
|
| (b) |
the particulars of interested parties enjoined in the appeal, if any;
|
| (c) |
the serial number of the appeal;
|
| (d) |
the date of receipt of the appeal;
|
| (f) |
the relief sought by an appellant;
|
| (h) |
notice of withdrawal, if any and date thereof;
|
| (i) |
the decisions made and the date thereof;
|
| (j) |
the date of communication of the Committees decision to the appellant;
|
| (k) |
the date of filing the decision in the Environment and Land Court; and
|
| (l) |
any other details that the Committee may deem fit and just.
|
|
| (2) |
A request for inspection of a register shall be in Form PLUPA LC- 5(a) set out in the First Schedule.
|
|
| 14. |
Interested parties
| (1) |
Within fourteen days of an appeal being lodged, any person may apply to the chairperson in writing to be enjoined as an interested party.
|
| (2) |
An application under regulation 13(1) shall include—
| (a) |
description of the interested party;
|
| (b) |
depiction of such prejudice as the interested party would suffer if the request was denied;
|
| (c) |
the grounds or submissions to be advanced by the interested party, their relevance to the appeal and their departures from the stand point of the parties,
|
|
| (3) |
The committee shall determine whether to allow the interested party to be enjoined in the appeal and communicate in writing the Committee’s decision to the applicant within fourteen days of determination of the application.
|
| (4) |
The committee may issue an interim order to stop development pending determination of the appeal in accordance with regulation 24.
|
|
| 15. |
Withdrawal and abandonment of appeals
| (1) |
An appellant may, with the leave of the Committee and upon such terms as to costs or otherwise as the Committee may direct at any time before the determination of an appeal, give a notice of intention to withdraw an appeal in writing in Form PLUPA LC - 8 (a) as set out in the Schedule.
|
| (2) |
Where an appeal is withdrawn pursuant to subregulation (1), no further appeal shall be allowed by the Committee in respect of the same subject matter.
|
| (3) |
The Committee may determine an appeal to have been abandoned if the appellant fails to—
| (a) |
respond to summons to appear for hearings for two consecutive sittings;
|
| (b) |
file a response when required; or
|
| (c) |
show cause why the appeal should not be deemed abandoned or withdrawn within fourteen (14) days of service.
|
|
|
| 16. |
Amendment of Appeals
The appellant may amend the appeal within two working days upon filing.
|
| 17. |
Filing of response by respondent
Upon receipt of an appeal, the respondent shall file a written response within fourteen (14) days stating whether or not the respondent intends to oppose the appeal and the grounds on which it relies in opposing the appeal.
|
| 18. |
Conduct of hearings
| (1) |
The secretary, in consultation with the chairperson, shall set the time, date and place of hearing of an appeal.
|
| (2) |
The secretary shall communicate to the parties, in writing, the date, time and place of the hearing within seven days of receipt of appeal in Form PLUPA 6(a) set out in the First Schedule.
|
| (3) |
At the commencement of a hearing, the chairperson shall direct the parties of the order in which they shall argue the appeal.
|
|
| 19. |
Disclosure of conflict of interest
| (1) |
A member of the committee shall disclose interest on the matter which is the subject of the proceedings which would conflict with the proper performance of the member's function.
|
| (2) |
Except with the consent of all parties, any member of the committee who has declared interest under this regulation shall not take part in the proceedings.
|
| (3) |
The committee shall maintain a register for recording of conflict of interest.
|
| (4) |
A disclosure of conflict of interest shall be recorded in the minutes of the meeting and the register of conflicts of interest.
|
|
| 20. |
Consolidation of appeals
The Committee may, in its discretion consolidate appeals, where appeals have been filed in respect of the same matter or in respect of several interest in the same subject of the dispute.
|
| 21. |
Quorum of meetings and voting
The quorum for the meetings of the committee shall be at least nine members.
|
| 22. |
Language of hearing
| (1) |
The language of the appeals shall be Kiswahili or English.
|
| (2) |
Despite subregulation (1), a party may make a request to make a representation in any language of their choice including braille or sign language.
|
| (3) |
A request under subregulation (2) shall be made at least seven days before the hearing of the appeal.
|
| (4) |
Upon receiving the request made under subregulation (2), the committee shall avail the interpretation services required during the hearing of the appeal.
|
|
| 23. |
Appearance of the parties at a hearing
| (1) |
The committee shall issue summons in Form PLUPA LC - 2(a) set out in the First Schedule, which shall be served upon the respondent by the secretary within the period specified in the summons.
|
| (2) |
The appellant shall appear at the hearing in person or through an authorized representative.
|
| (3) |
The appointment of the representative shall be communicated in Form PLUPA LC-3(a) set out in the First Schedule.
|
| (4) |
If on the scheduled date for hearing of an appeal—
| (a) |
neither party attends the hearing, the application may be dismissed; or
|
| (b) |
where either the applicant or the respondent does not attend the hearing, the committee may proceed as it deems fit.
|
|
| (5) |
A party who, for a sufficient cause did not attend the hearing and is aggrieved by the decision of the committee under subregulation (4) may apply to the committee to have application heard afresh.
|
| (6) |
The Committee, in case of subregulation (5) shall consider a request for fresh determination and may set a side the decision made:
Provided that the party shall demonstrate sufficient cause for non-attendance.
|
|
| 24. |
Power to determine appeal without hearing
The Committee may, subject to consent in writing of all the parties to an appeal, determine the appeal without an oral hearing.
|
| 25. |
Power to issue interim orders
| (1) |
The committee may issue interim orders to stop development for a period of fourteen days pending determination of the appeal in Form PLUPALC-7(a) as set out in the First Schedule.
|
| (2) |
Any development affecting any land to which an enforcement notice relates shall be discontinued and execution of the enforcement notice shall be stayed pending determination of an appeal.
|
| (3) |
Where a party is aggrieved by a decision of the national planning authority and files an appeal seeking interim orders, the committee may direct that implementation of the decision be suspended until the matter is heard and determined.
|
|
| 26. |
Site visits
Prior to the determination of an appeal, the committee may on its own motion or an application by any of the parties visit or inspect the site that is subject of appeal.
|
| 27. |
Communication of determination
The Chairperson shall notify the parties in an appeal of the committees' determination through paper or electronic form within fourteen(14) days of the determination in Form PLUPA LC - 4(a) as set out in the First Schedule.
|
| 28. |
Filing of response by a respondent
The Committee shall give reasons for all its decision and determinations, and each of any such decisions shall include—
| (a) |
a statement of the findings of fact made from evidence adduced, including, where applicable, any relevant government policy; and
|
| (b) |
a statement of the laws and rules of law applied, and the interpretation thereof.
|
|
PART III – COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
| 29. |
Conduct of business of the Committee
The County Liaison Committee shall—
| (a) |
determine its own procedure; and
|
| (b) |
meet at least four times in a year, with not more than three months elapsing between the meetings of the Committee.
|
|
| 30. |
Inauguration of the County Liaison Committee
The County Executive Committee Member shall convene the first meeting to inaugurate the County Liaison Committee.
|
| 31. |
Vacancy of office
The position of the chairperson or a member of the County Liaison Committee shall become vacant, if the holder—
| (a) |
resigns from his or her position by notice in writing addressed to the appointing authority;
|
| (b) |
is absent from three consecutive meetings of the committee without notice;
|
| (c) |
is convicted of an offence by a court and sentenced to imprisonment for a term of six months or more without the option of a fine;
|
| (d) |
is unable or unfit, by reason of mental or physical infirmity, to discharge his functions as a member of the committee;
|
| (f) |
loses membership in the nominating professional body;
|
| (g) |
expiry of term of office; or
|
| (h) |
is removed from office on any of the following grounds—
| (i) |
gross violation of the Constitution law or any other written law; |
| (ii) |
gross misconduct or misbehavior; |
| (iii) |
incompetence or neglect of duty; |
|
|
| 32. |
Filling of vacancies
| (1) |
In the event that a vacancy falls in the office of the chairperson, the secretary shall within seven days notify in writing the County Executive Committee Member on the existence of a vacancy.
|
| (2) |
The County Executive Committee Member shall within seven days declare vacancy and notify the Law society of Kenya to nominate a replacement within fourteen days after notification.
|
| (3) |
In case of a vacancy in the office of a member under section 14(2) the chairperson shall notify the County Executive Committee Member in writing within seven days on the existence of a vacancy of a member.
|
| (4) |
A vacancy declared under sub-regulation (3) shall be filled within fourteen days from the date of notification.
|
|
| 33. |
Responsibility of the chairperson
| (a) |
preside over the meetings of the County Liaison Committee;
|
| (b) |
approve communication from the County Liaison Committee;
|
| (c) |
notify the County Executive Committee Member on the existence of a vacancy of a member; and
|
| (d) |
may assign any other role to any committee member or secretariat under these Regulations.
|
|
| 34. |
Roles of secretary
| (a) |
be the head of secretariat;
|
| (b) |
be responsible for the day-to-day operations of the secretariat;
|
| (c) |
prepare the agenda of meetings;
|
| (d) |
record proceedings deliberations and decisions of the committee;
|
| (e) |
keep a record of meetings and decisions of the committee;
|
| (f) |
avail certified copies of minutes when required;
|
| (g) |
receive, register and keep custody of appeals and any other supportive document to the appeal;
|
| (h) |
facilitate provision of extracts and copies from the register;
|
| (i) |
notify the County Executive Committee Member on the existence of a vacancy in the office of the chairperson;
|
| (j) |
undertake any other duty assigned by the committee.
|
|
| 35. |
Complaint, claim or appeals procedure
A person, who wishes to appeal a decision by a planning authority, shall file an appeal to the committee in accordance with sections 40(4), 49(2), 61(3), 72(3) and 78 of the Act which shall be signed by the appellant or the appellant’s authorized representative in Form PLUPA LC- 1(b) as set out in the First Schedule.
|
| 36. |
Statement of complaint or claim or appeal
A statement of appeal, complaint or claims shall contain—
| (a) |
the name and address of the complainant, claimant or appellant;
|
| (b) |
the names and address of the complainant, claimant or appellant’s authorized representative, if any;
|
| (c) |
the nature of the complaint or claim appealed against, the facts and grounds on which the complaint, claim or appeal relies on;
|
| (e) |
any principle in law, policies or regulations that the appeal relies on;
|
| (f) |
a list of witnesses, if any; and
|
| (g) |
| (i) |
copy of decision being complaint, claimed or appealed against; |
| (ii) |
documents the complainant, claimant or appellant wishes to rely on in the complaint, claim or appeal; |
| (iii) |
details of witnesses in Form PLUPA LC- 1(b) as set out in the First Schedule; |
| (iv) |
minutes of the decision being appealed against, if any; and |
| (v) |
payment receipt of the appropriate fee prescribed under the Second Schedule. |
|
|
| 37. |
Submission of complaint, claim or appeal
| (1) |
The complaint, claim or appeal shall be submitted to the committee.
|
| (2) |
The complainant, claimant or appellant shall submit three hard copies or in an electronic copy of the appeal.
|
| (3) |
On receipt of a complaint, claim or appeal and confirmation of the payment of the prescribed fee under these Regulations, the secretary shall—
| (a) |
acknowledge receipt by stamping on the face of the statement of appeal the date of receipt, which date must be the date of filing;
|
| (b) |
record the particulars of the complaint, claim or appeal in the register of complaints, claims or appeals;
|
| (c) |
issue a copy of the complaint, claim or appeal stamped as received with a reference number from the register to the complainant, claimant or appellant;
|
| (d) |
forward a copy of the complaint, claim or appeal to the respondent within seven days; and
|
| (e) |
advice the complainant, claimant or appellant of any other matter which the secretary deems fit and just.
|
|
|
| 38. |
Particulars of the appeals register
| (1) |
The secretariat shall keep a register of complaint, claim or appeal which shall contain the following particulars—
| (a) |
the identity of the parties and their respective contacts;
|
| (b) |
the serial number of the complaint, claim or appeal;
|
| (c) |
the date of receipt of the complaint, claim or appeal;
|
| (d) |
the nature of a complaint, claim or appeal;
|
| (e) |
the relief sought in complaint, claim or appeal;
|
| (g) |
notice of withdrawal, if any and date thereof;
|
| (h) |
the decisions made and the date thereof;
|
| (i) |
date of communication of the Committees decision to the complainant, claimant or appellant; and
|
| (j) |
the date of filing the decision in the Environment and Land Court.
|
|
| (2) |
A request for inspection of a register shall be made in Form PLUPA LC- 5(b) as set out in the First Schedule.
|
|
| 39. |
Withdrawal and abandonment of complaint, claim or appeal
| (1) |
A complainant, claimant or appellant may, with the leave of the committee and upon such terms as to costs or otherwise as the committee may direct at any time before the determination of a complaint, claim or appeal, give a notice of intention to withdraw a complaint, claim or appeal in Form PLUPA LC-8(b) set out in the First Schedule.
|
| (2) |
Where a complaint, claim or appeal is withdrawn under sub-regulation (1), no further complaint, claim or appeal shall be allowed in respect of the same subject matter.
|
| (3) |
The committee may determine a complaint, claim or appeal to have been abandoned if the complainant, claimant or appellant fails to—
| (a) |
responds to summons by the committee within seven days of service effected either through electronic media, the known postal address or posting on the site;
|
| (b) |
file a response when required within seven days of service effected either through electronic media, the known postal address or posting on the site;
|
| (c) |
show cause why the appeal should not be declared abandoned or withdrawn within seven days of service;
|
| (d) |
fails without demonstrating sufficient cause to attend the hearing either in person or through a resprestative.
|
|
| (4) |
A party who for sufficient cause did not attend the hearing and is aggrieved by the decision of the committee under these Regulations, may apply to the committee to have the complaint, claim or appeal heard afresh.
|
| (5) |
The committee shall consider the request under subregulation (4) and may set aside or vary the decision made.
|
|
| 40. |
Amendment of complaint/claim/appeal
The complainant, claimant or appellant may amend the complaint, claim or appeal within seven days upon filing and must serve all parties within seven days of filing.
|
| 41. |
Filing of a response by respondent
| (1) |
The respondent shall, upon receipt of a complaint, claim or appeal, file a written response within seven days of receipt thereof.
|
| (2) |
The respondent shall state—
| (a) |
whether or not he intends to oppose the appeal and the grounds on which it relies in opposing the appeal;
|
| (b) |
whether any other person or entity has a direct interest in the subject matter of the appeal, the name and address of such other person or entity; and
|
| (c) |
care must be taken to see that documents filed are legible.
|
|
|
| 42. |
Conduct of hearings
| (1) |
The Secretary shall, in consultation with the chairperson, set the agenda, time, date and place of hearing of an appeal.
|
| (2) |
The Secretary shall communicate in writing on the date, time and place of the hearing to the respective parties within seven days of receipt of complaint, claim or appeal in Form PLUPA LC-6(b) as set out in the First Schedule.
|
| (3) |
At the commencement of a hearing the chairperson shall direct the parties of the order in which they shall argue the complaint, claim or appeal.
|
|
| 43. |
Consolidation of complaint, claim or appeal
The Committee may, in its discretion consolidate complaints, claims or appeals, where they have been filed in respect of the same subject matter or in respect of several interests in the same subject of dispute.
|
| 44. |
Disclosure of conflicts of interests
| (1) |
The Committee shall maintain a register of conflicts of interest disclosed by the members.
|
| (2) |
A disclosure of a conflict of interest shall be recorded in the minutes of the meeting and the register of conflicts of interest.
|
|
| 45. |
Quorum
The quorum at the meetings of the committee shall be at least one-half of the members and shall be maintained throughout a meeting of the Committee.
|
| 46. |
Language of hearing
| (1) |
The language of the complaint, claim or appeal shall be Kiswahili or English.
|
| (2) |
Despite subregulation (1), a party may make a request to make a representation in any language of their choice including braille or sign language.
|
| (3) |
A request under subregulation (2) shall be made at least seven days before the hearing of the complaint, claim or appeal.
|
| (4) |
Upon the request made under subregulation (2), the committee shall avail the required interpretation services required during the complaint, claim or appeal hearing.
|
|
| 47. |
Appearance of the parties at a hearing
| (1) |
The committee shall issue summons in Form PLUPA LC- 2(b) as set out in the First Schedule, which shall be served upon the respondent by the secretary within the period specified in the summons.
|
| (2) |
The complainant, claimant or appellant shall appear at the hearing in person or through an authorized representative.
|
| (3) |
The appointment or substitution of the representative shall be communicated in Form PLUPA LC- 3(b) as set out in the First Schedule.
|
|
| 48. |
Power to determine complaint, claim or appeal without hearing
The committee may, by consent in writing of all the parties to a complaint, claim or appeal determine the appeal without an oral hearing.
|
| 49. |
Power to issue interim orders
| (1) |
The committee may issue interim orders to stop development pending determination of the appeal in Form PLUPA LC-7(b) as set out in the First Schedule.
|
| (2) |
Any development affecting any land to which an enforcement notice relates shall be discontinued and execution of the enforcement notice shall be stayed pending determination of an appeal.
|
| (3) |
Where a party is aggrieved by approval of a development application by the planning authority and files an appeal seeking interim orders, the committee may direct that the approval be suspended until the matter is heard and determined.
|
|
| 50. |
Site visits
Prior to determination of a complaint, claim or appeal, the committee may on its own motion or an application from any of the parties visit or inspect the site subject of complaint, claim or appeal.
|
| 51. |
Decisions of the committee
| (1) |
The decisions of the committee shall be taken by the vote of the majority members but shall not include the votes of co-opted any members.
|
| (2) |
In case of a tie of the vote the chairperson or the member acting as the chairperson shall have a casting vote in addition to the deliberative vote.
|
|
| 52. |
Communication of decisions
The chairperson shall notify the parties in an appeal of the committee’s determination of the complaint, claim or appeal, in Form PLUPA LC-4(b) as set out in the First Schedule.
|
| 53. |
Reasons for committees' decisions
The committee shall give reasons for all its decision and determinations, and each of any such decisions shall include—
| (a) |
a statement of the findings of fact made from the evidence adduced, including, where applicable, any relevant government policy; and
|
| (b) |
a statement of the laws and rules of law applied, and the interpretation thereof.
|
|
| 54. |
Filing and publication of determination
Determination by liaison committee under section 80(3) shall be transmitted to the Environment and Land Court by the chairperson under the seal of the committee
|
| 55. |
Correction of errors
A clerical or arithmetic mistake in a liason committee decision as a result of omission or slip may after determination under section 80(3), or before or after recording by the court as a judgment of the court be corrected by the Committee on its own motion or by an order by the court or on application of any interested party to give effect to what was the intention of the Committee.
|
| 56. |
Fees
There shall be paid such fees for the purposes of these Regulations as prescribed in the Second Schedule.
|
FIRST SCHEDULE
FORMS
|
FORM PLUPALC- 1(a)
|
|
( r. 11(2))
|
|
|
REPUBLIC OF KENYA
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(Cap. 303)
|
|
THE NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
APPEALS APPLICATION FORM
|
|
.............................................................................................................................APPELLANT-VERSUS.............................................................................................................................RESPONDENT........................................................................................................................AND (where applicable).........................................................................................................................INTERESTED PARTY
|
|
STATEMENT OF APPEAL
|
In the matter of an appeal under section 75 of The Physical and Land Use Planning Act (Cap. 303).
| 1. |
TAKE NOTICE that the Appellant appeals against the decision of the......... made on the .............. day of....................... 20..........
|
| 2. |
The Appeal relates to ..........................................................
|
| 3. |
The decision appealed against is .....................................................
|
| 4. |
The Appeal is based on the following grounds: (set out each ground concisely)
| (a) |
.......................................................................................
|
| (b) |
.......................................................................................
|
| (c) |
.......................................................................................
|
|
| 5. |
The principle of policy or law relied on in the appeal:
| (a) |
.....................................................................................
|
| (b) |
.....................................................................................
|
| (c) |
.....................................................................................
|
| (a) |
.....................................................................................
|
| (b) |
.....................................................................................
|
|
| 6. |
The documents the Appellant intends to rely on in the appeal:
| (a) |
.....................................................................................
|
| (b) |
.....................................................................................
|
| (c) |
.....................................................................................
|
|
| 7. |
The witnesses the Appellant intends to call up at the hearing of the Appeal: where applicable
1) Name....................................................................................
contact(s) ..................................................................................
ID/Passport No. ......................................................................
2) Name....................................................................................
contact(s) ..................................................................................
ID/Passport No. ......................................................................
3) ................................................................................................
Name........................................................................................
contact(s)..................................................................................
ID/Passport No. ......................................................................
(attach ID/passport copies)
|
| 6. |
The reliefs sought in this Appeal are as follows: (set out each relief concisely)
| (a) |
....................................................................................
|
| (b) |
....................................................................................
|
| (c) |
....................................................................................
|
FILED ON THIS .................. DAY OF ............... 20 ............
SIGNED
Appellant
Name .....................................................................
Telephone No. .......................................................
Postal Address ......................................................
Email Address .......................................................
Physical Address ..................................................
Appointed Representative's where applicable
SIGN.....................................................................
Name .....................................................................
Telephone No. .......................................................
Postal Address ......................................................
Email Address .......................................................
Physical Address ..................................................
TO BE SERVED UPON: Insert the names and address of the other parties to the Appeal.
1) ..................................................................................
2) ..................................................................................
3) ..................................................................................
For Official Use Only
APPEAL No .................. OF 20 ........................
|
|
FORM PLUPA LC-1(b)
|
|
(r. 35)
|
|
|
REPUBLIC OF KENYA
|
|
(Enter county name) ......................................
|
|
THE COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
COMPLAINT/CLAIM/APPEAL APPLICATION FORMCOMPLAINT/CLAIM/APPEAL No .................. OF 20 ...................
|
|
.............................................................................................................................APPELLANT-VERSUS.............................................................................................................................RESPONDENT........................................................................................................................AND (where applicable)..........................................................................................................................INTERESTED PARTY
|
|
STATEMENT OF COMPLAINT/CLAIM/APPEAL
|
In the matter of an appeal under section 75 of The Physical and Land Use Planning Act (Cap. 303)
| 1. |
TAKE NOTICE that the Appellant complains/appeals against the decision of the county Executive Committee Member made on the ........... day of ................. 20........
|
| 2. |
The Appeal relates to
....................................................................................
|
| 3. |
The decision appealed against is .....................................................
|
| 4. |
The Complaint/Claim/Appeal is based on the following grounds: (set out each ground concisely)
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
| (d) |
......................................................................
|
| (e) |
......................................................................
|
| (f) |
......................................................................
|
|
| 5. |
The principle of policy or law relied on in the appeal:
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
| (d) |
......................................................................
|
| (e) |
......................................................................
|
| (f) |
......................................................................
|
|
| 6. |
The documents the Complainant/Claimant/Appellant intends to rely on in the Appeal:
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
| (d) |
......................................................................
|
| (e) |
......................................................................
|
| (f) |
......................................................................
|
|
| 7. |
The witnesses the Complainant/Claimant/Appellant intends to call up at the hearing of the Appeal: where applicable
Name .....................................................................
Telephone No ........................................................
Postal Address ......................................................
Email Address .......................................................
Physical Address ..................................................
ID/Passport No. ...................................................
1) Name......................................................................
Telephone No ........................................................
Postal Address ......................................................
Email Address .......................................................
Physical Address ..................................................
ID/Passport No. ...................................................
Name.....................................................................
Telephone No ........................................................
Postal Address ......................................................
Physical Address ..................................................
Email Address .......................................................
ID/Passport No. ...................................................
(attach ID/passport copies)
|
| 6. |
The reliefs sought in this Complain/Claim/Appeal are as follows: (set out each relief concisely
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
FILED ON THIS............ DAY OF........... 20............
SIGNED
Complainant/Claimant/Appellant
Name .....................................................................
Telephone No ........................................................
Postal Address ......................................................
Email Address .......................................................
Physical Address ..................................................
Appointed Representative's where applicable
Name .....................................................................
Telephone No ........................................................
Postal Address ......................................................
Email Address .......................................................
Physical Address ..................................................
SIGN......................................................................
TO BE SERVED UPON: Insert the names and address of the other parties to the Appeal.
1) ..................................................................................
2) ..................................................................................
3) ..................................................................................
|
|
FORM PLUPA LC-2(a)
|
|
(r. 23)
|
|
|
REPUBLIC OF KENYATHE PHYSICAL AND LAND USE PLANNING ACT(Cap. 303)
|
|
(Enter county name) ......................................
|
|
THE NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
SUMMON FORM
|
|
.............................................................................................................................APPELLANT-VERSUS.............................................................................................................................RESPONDENT........................................................................................................................AND (where applicable)..........................................................................................................................INTERESTED PARTY
|
|
SUMMONS TO: ............................................................................................................
|
NOTE: YOU ARE SUMMONED to appear in person before the National Physical and
Land Use Planning Liaison Committee at ................... on ..................... day of ................... for the hearing of the appeal and thereafter to remain in attendance until excused by the Liaison Committee regarding all matters within your knowledge relating to the appeal.
YOU ARE REQUIRED to bring and produce to the Liaison Committee the following;
(Insert the document to be produced)
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
| (d) |
......................................................................
|
TAKE NOTE that if you do not comply with this summon you will be subject to Contempt of National Physical and Land Use Planning Liaison proceedings.
TAKE NOTE also that failure to honor the summon would not stop the Committee from determining the matter or taking any other action as it deems fit.
SIGNED ON THIS ............DAY OF ...........20............
..............................................
SECRETARY,
NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE.
|
FORM PLUPA LC- 2(b)
|
|
(r. 47(1))
|
|
|
REPUBLIC OF KENYA
|
|
(Enter county name) ......................................
|
|
THE COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
SUMMON FORM
|
|
COMPLAINT/CLAIM/APPEAL No .................. OF 20 ..............
|
|
.............................................................................................................................APPELLANT-VERSUS.............................................................................................................................RESPONDENT........................................................................................................................AND (where applicable)..........................................................................................................................INTERESTED PARTY
|
|
SUMMONS TO: ............................................................................................................
|
NOTE YOU ARE SUMMONED to appear in person before the County Physical and Land Use Planning Liaison Committee at ..................... on ........... day of ....................... for the hearing of the complain/claim/appeal and thereafter to remain in attendance until excused by the Liaison Committee regarding all matters within your knowledge relating to the appeal.
YOU ARE REQUIRED to bring and produce to the Liaison Committee the following;
(Insert the document to be produced)
| (a) |
......................................................................
|
| (b) |
......................................................................
|
| (c) |
......................................................................
|
| (d) |
......................................................................
|
TAKE NOTE that if you do not comply with this summon you will be subject to Contempt of County Physical and Land Use Planning Liaison proceedings.
TAKE NOTE also that failure to honor the summon would not stop the Committee from determining the matter or taking any other action as it deems fit.
SIGNED ON THIS............DAY OF...........20............
.............................................
SECRETARY,
COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE.
|
FORM PLUPA LC- 3(a)
|
|
(r. 22(3))
|
|
|
REPUBLIC OF KENYATHE PHYSICAL AND LAND USE PLANNING ACT(Cap. 303)
|
|
|
|
THE NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
APPOINTMENT/SUBSTITUTION* OF RECOGNISED REPRESENTATIVE
|
|
.............................................................................................................................APPELLANT-VERSUS............................................................................................................................RESPONDENT........................................................................................................................AND (where applicable)..........................................................................................................................INTERESTED PARTY
|
|
|
I ............................................ being the Appellant/Applicant/Respondent/Interested Party* authorize ............................ to appear on my behalf in the above Appeal/Application.
I authorize that service of all pleadings shall be effected upon my recognized representative.
SIGNED ON THIS............DAY OF........... 20............
APPELLANT/APPLICANT/RESPONDENT/INTERESTED PARTY*
................................................................................................................................................
REPRESENTATIVE’S NAME AND ADDRESS
................................................................................................................................................
|
FORM PLUPA LC- 3(b)
|
|
(r. 47(3))
|
|
|
REPUBLIC OF KENYA
|
|
(enter County name) .......................
|
|
THE COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
APPOINTMENT OF RECOGNISED REPRESENTATIVE FORMCOMPLAINT/CLAIM/APPEAL No................. OF 20.................
|
|
.............................................................................................................................APPELLANT-VERSUS
|
|
............................................................................................................................RESPONDENT........................................................................................................................AND (where applicable)..........................................................................................................................INTERESTED PARTY
|
I ....................................................................................................... being the appellant/applicant/respondent/ Interested Party* authorize ........................................ to appear on my behalf in the above Appeal/Application.
I authorize that service of all pleadings shall be affected upon my recognized representative.
SIGNED ON THIS ............DAY OF ...........20............
APPELLANT/APPLICANT/RESPONDENT/INTERESTED PARTY*
................................................................................................................................................
REPRESENTATIVE’S NAME AND ADDRESS
................................................................................................................................................
|
FORM PLUPA LC- 4(a)
|
|
(r. 27)
|
|
|
REPUBLIC OF KENYATHE PHYSICAL AND LAND USE PLANNING ACT(Cap. 303)
|
|
THE NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
NOTIFICATION OF DETERMINATION
|
|
.............................................................................................................................APPELLANT-VERSUS............................................................................................................................RESPONDENT........................................................................................................................AND (where applicable)..........................................................................................................................INTERESTED PARTY
|
The National Physical and Land Use Planning Liaison Committee pursuant to provisions of section 80(2) of Physical and Land Use Planning Act (Cap. 303) heard the Appeal Ref No. .............. filed on ..................... by ................... (insert party(s) and vide minute No .......... dated ................. the Committee made the determination as follows (reliefs):
| 1. |
......................................................................
|
| 2. |
......................................................................
|
| 3. |
......................................................................
|
Dated at ....................... this .......... Day of ............. 20 ..........
Name .....................................................................
Sign .....................................................................
Seal .....................................................................
CHAIRPERSON,
NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
______________________________
|
FORM PLUPA LC- 4(b)
|
|
(r. 52)
|
|
|
REPUBLIC OF KENYA
|
|
(enter county name) ...........................................
|
|
THE COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
NOTIFICATION OF DETERMINATION
|
|
COMPLAINT/CLAIM/APPEAL No. ................... OF 20 .....................
|
|
.............................................................................................................................APPELLANT-VERSUS............................................................................................................................RESPONDENT........................................................................................................................AND (where applicable)..........................................................................................................................INTERESTED PARTY
|
The County Physical and Land Use Planning Liaison Committee pursuant to provisions of section 80(2) of Physical and Land Use Planning Act (Cap. 303) heard the Complain/Claim/Appeal Ref No....................... filed on........................ by ......................... (insert party(s) and vide minute No......................... dated..................... the Committee made the determination as follows (reliefs)
| 1. |
......................................................................
|
| 2. |
......................................................................
|
| 3. |
......................................................................
|
Dated at ....................... this .......... Day of ............. 20 ..........
Name.....................................................................
Sign.....................................................................
Seal.....................................................................
CHAIRPERSON,
COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
FORM PLUPA LC- 5(a)
|
|
(r. 13(2))
|
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(Cap. 303)
|
|
THE NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
INSPECTION OF APPEALS REGISTER
|
I/We ........................................... of ID/passport/Reg No(s). .................................... Tel. .................... PO BOX ......................... pursuant to section 87(3) of Physical and Land Use Planning Act (Cap. 303) apply to examine the Appeals register.
Subject Matter/Interest in the Register
...............................................................................................
................................................................................................
Signed by Perusee ..........................................................................
Date .......................................................................................
(attach ID/passport copies)
Authorised by Secretary ..........................................
|
FORM PLUPA LC - 5(b)
|
|
(r. 38(2))
|
|
|
REPUBLIC OF KENYA
|
|
(Enter county name) .......................................
|
|
THE NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
INSPECTION OF APPEAL REGISTER
|
I/We .............................................. of ID/passport/Reg No(s) ................. Tel. ............. PO BOX ......................... pursuant to section 87(3) of Physical and Land Use Planning Act (Cap. 303) apply to examine the Appeals register.
Subject Matter/Interest in the Register
................................................................................................................
.................................................................................................................
................................................................................................................
Signed by Perusee ................................................
Date ..........................................................
(attach ID/passport copies)
Authorised by Secretary ..........................................
|
FORM PLUPA LC- 6(a)
|
|
(r. 18(2)
|
|
|
REPUBLIC OF KENYATHE PHYSICAL AND LAND USE PLANNING ACT(Cap. 303)
|
|
THE NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
NOTICE OF HEARING
|
|
APPEAL No. .................... OF 20 ....................
|
|
.......................................................................................................................APPELLANT
|
|
-VERSUS
|
|
............................................................................................................................RESPONDENT
|
|
........................................................................................................................AND (where applicable)
|
|
..........................................................................................................................INTERESTED PARTY
|
TO: ..................................................................................
TAKE NOTICE that the HEARING of this appeal has been scheduled for the .................... day of ..................................., 20 ..................... starting ................(Time) before the Committee at .................................. (State location; Name of building, Floor and room Number)
Given under my hand and Seal of the Committee this ........................... day of ................................., 20................
........................................................................................................................................................
SECRETARY
NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE.
|
|
|
|
|
FORM PLUPA LC- 6(b)
|
|
(r. 42(2))
|
|
|
REPUBLIC OF KENYA
|
|
|
|
(enter county name) ........................................................................
|
|
|
|
THE COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
|
|
NOTICE OF HEARING
|
|
|
|
COMPLAINT/CLAIM/APPEAL No................. OF 20.................
|
|
............................................................................................................................APPELLANT-VERSUS............................................................................................................................RESPONDENT........................................................................................................................AND (where applicable).....................................................................................................................INTERESTED PARTY
|
|
|
|
TO: ...............................................................................................................................
|
|
|
TAKE NOTICE that the HEARING of this appeal has been scheduled for the .................... day of ..................................., 20 ..................... starting ............... (Time) before the Committee at .................................. (State location; Name of building, Floor and room Number)
Given under my hand and Seal of the Committee this ........................... day of ................................., 20................
........................................................................................
SECRETARY
NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
FORM PLUPA LC- 7(a)
|
|
(r. 25(1))
|
|
|
REPUBLIC OF KENYATHE PHYSICAL AND LAND USE PLANNING ACT(Cap. 303)
|
|
|
|
THE NATIONAL PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
|
|
ORDER FORM
|
|
|
|
APPEAL No. .............................. OF 20 .............................
|
|
............................................................................................................................APPELLANT-VERSUS............................................................................................................................RESPONDENT........................................................................................................................AND (where applicable)..........................................................................................................................INTERESTED PARTY
|
|
|
TO:
..............................................................................................................
..............................................................................................................
ORDER
In hearing the Appeal on (date) .............................. on its Own Motion,
In determining the appeal on (date), ..................................on its Own Motion, the Liaison Committee in its proceedings, vide minute number .........................
It is ORDERED that:
| 1. |
......................................................................
|
| 2. |
......................................................................
|
| 3. |
......................................................................
|
| 4. |
......................................................................
|
| 5. |
......................................................................
|
|
Made this .............. day of ..................... 20 .............
|
|
Name .......................... Signature .............................
|
|
CHAIRPERSON,
|
|
NATIONAL PHYSICAL AND LAND USE PLANNING LIASION COMMITTEE.
|
|
FORM PLUPA LC-7(b)
|
|
(r. 49(1))
|
|
|
REPUBLIC OF KENYA
|
|
|
|
(Enter county name) ................................................
|
|
|
|
THE COUNTY PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEE
|
|
|
|
ORDER FORM
|
|
|
|
COMPLAINT/CLAIM/APPEAL No. .............. OF 20 ................
|
|
............................................................................................................................APPELLANT-VERSUS............................................................................................................................RESPONDENT........................................................................................................................AND (where applicable)..........................................................................................................................INTERESTED PARTY
|
TO:
........................................................................................................
........................................................................................................
ORDER
In hearing the Appeal on (date) .............................. on its Own Motion,
In determining the appeal on (date), ..................................on its Own Motion, the Liaison Committee in its proceedings, vide minute number .........................
It is ORDERED that:
| 1. |
......................................................................
|
| 2. |
......................................................................
|
| 3. |
......................................................................
|
| 4. |
......................................................................
|
| 5. |
......................................................................
|
| 6. |
Made this ..................day of................ 20................
|
|
Name ..................................... Signature: .............................................
|
|
CHAIRPERSON,
|
|
NATIONAL PHYSICAL AND LAND USE PLANNING LIASION COMMITTEE.
|
|
FORM PLUPA LC- 8(a)
|
|
(r. 15(1))
|
|
|
REPUBLIC OF KENYATHE PHYSICAL AND LAND USE PLANNING ACT(Cap. 303)
|
|
THE NATIONAL PHYSICAL AND LAND USEPLANNING LIAISON COMMITTEE
|
|
WITHDRAWAL OF AN APPEAL
|
I/We ....................................... of ID/passport/Reg No(s) ....................... Tel. .................... PO BOX ....................... pursuant to section 83(1) of PLUPA apply to withdraw the Appeal Ref. No. ............. Dated .....................
Reasons for withdrawal....................................
Signed by ...................................................................
Date........................................................................
Name:........................................................................
(attach ID/passport copies)
|
FORM PLUPA LC- 8(b)
|
|
(r. 39(1))
|
|
|
REPUBLIC OF KENYA
|
|
(enter county name)..................
|
|
WITHDRAWAL OF AN APPEAL
|
I/We ........................................................ ID/passport/Reg No(s) .................................. Tel. .................... P.O. BOX ......................... pursuant to section 83(1) of PLUPA apply to withdraw the Appeal Ref. No. ........................ Dated ..........................
Reasons for withdrawal ......................................................
Signed by ..................................... Date .........................................
Name:............................................................................
(attach ID/passport copies)
SECOND SCHEDULE [r. 56]
FEES
|
No
|
Fees description
|
Amount (Kshs)
|
|
1
|
Filling fees:
|
|
|
|
a) Costs of filing in National Liaison Committee
|
5000
|
|
|
b) Costs of filing in County Liaison Committee
|
3000
|
|
2
|
Examination of appeals register
|
Free
|
|
3
|
Obtaining extracts of appeals at National Physical and Land useplanning Liaison Liaison committee
|
500
|
|
4
|
Obtaining extracts of appeals at County Physical and Land use Liaisoncommittee
|
300
|
|
5
|
Photocopy of determinations under both National and County Physical Planning and Land use committee by third parties:
|
|
|
|
a) Front page
|
300
|
|
|
b) Any other page
|
20
|
|
6
|
Amendment of appeals
|
|
|
|
a) National Physical Planning and Land use committee
|
1000
|
|
|
b) County Physical and Land use planning committee
|
500
|
|
7
|
Certification of Full determination
|
500
|
|
8
|
Appointment/ change of an authorized representative
|
|
|
|
a) National Physical Planning and Land use committee
|
1000
|
|
|
b) County Physical and Land use planning committee
|
500
|
|
9
|
Counter-claim fees-Filing of counter claims
|
3000
|
THE PHYSICAL AND LAND USE PLANNING (OUTSOURCING OF PROFESSIONAL SERVICES) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
| 3. |
object of the Regulations
|
PART II – PROCURING PHYSICAL AND LAND USE PLANNING SERVICES
| 4. |
Procurement of consultancy services
|
| 6. |
Functions and compositions of planning teams
|
| 8. |
Procurement of physical and land use planning services
|
| 9. |
Performance of consulting services
|
| 10. |
Ownership of professional work
|
PART III – COSTING OF CONSULTING SERVICES AND PHYSICAL AND LAND USE PLANNING SERVICES
| 11. |
Costing for provision of physical and land use planning services
|
| 12. |
Factors influencing costing
|
PART IV – MISCELLANEOUS
| 16. |
Preference for local consultants
|
SCHEDULES
| FIRST SCHEDULE [r. 11] — |
GUIDELINES FOR COSTING PHYSICAL AND LAND USE PLANNING SERVICES
|
| SECOND SCHEDULE [r. 12] — |
FACTORS CONSIDERED WHEN COSTING FOR THE DEVELOPMENT OF A PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
| THIRD SCHEDULE [r. 13] — |
COSTING ELEMENTS
|
| FOURTH SCHEDULE [r. 14] — |
ROLES OF DIFFERENT PROFESSIONALS IN THE PREPARATION OF A PHYSICAL AND LAND USE PLAN
|
THE PHYSICAL AND LAND USE PLANNING (OUTSOURCING OF PROFESSIONAL SERVICES) REGULATIONS
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may he cited as the Physical and Land Use Planning (Outsourcing of Professional Services) Regulations, 2021.
|
| 2. |
Interpretation
In these Regulations, unless the content otherwise requires—
"consultant" means a registered and practicing physical planner contracted to provide professional physical and land use planning services;
"consultancy services" means physical and land use planning services of an intellectual, technical or advisory nature;
"lead consultant" means a licensed physical planner contracted to provide physical and land use planning services;
"local consultant" means a licensed physical planner who is a resident in Kenya;
"physical and land use planning services" include—
| (a) |
specialized studies including scenario building necessary in the process of formulating of policies, standards, guidelines and strategies;
|
| (b) |
the preparation of physical and land use development plans;
|
| (c) |
undertaking research on matters relating to physical and land use development planning at national and county levels;
|
"planning team" a multi-disciplinary team of professionals constituted by a lead agency to undertake physical and land use planning services;
"procurement" means the acquisition by purchase, rental, lease, hire purchase, license, tenancy, franchise, or by any other contractual means, of any type of works, assets, services or goods or any combination thereof; and includes advisory, planning and processing in the supply chain system;
"public entity" has the meaning assigned to it in section 2 of the Public Procurement and Asset Disposal Act, 2015; and
"surveyor" has the meaning assigned to it in section 2 of the surveyor Survey Act.
|
| 3. |
object of the Regulations
The object of these Regulations is to provide for the procurement of physical and land use planning services by planning authorities.
|
PART II – PROCURING PHYSICAL AND LAND USE PLANNING SERVICES
| 4. |
Procurement of consultancy services
A planning authority or a person or entity authorized to perform a planning function shall ensure that the procurement of consulting services is conducted in accordance with the Public Procurement and Assets Disposal Act, 2015.
|
| 5. |
Mode of consulting
A planning authority may fully or partially procure the services of a consultant to undertake some components of physical and land use planning.
|
| 6. |
Functions and compositions of planning teams
| (1) |
A planning team shall co-ordinate the identification of key planning issues, analysis and formulation of physical and land use planning proposals.
|
| (2) |
Depending on the nature of the physical and land use planning service, the planning team shall include persons from the following disciplines-
| (g) |
environmental management;
|
| (o) |
disaster risk management.
|
|
|
| 7. |
Reporting
| (1) |
A planning authority shall specify the quality control benchmarks to be satisfied by a consultant when performing the consulting services.
|
| (2) |
A planning authority shall specify the quality control benchmarks to be satisfied by a consultant when offering physical and land use planning services.
|
| (3) |
A consultant shall submit to the relevant planning authority periodic reports based on the specified quality control benchmarks.
|
|
| 8. |
Procurement of physical and land use planning services
When procuring the physical and land use planning services a planning authority shall—
| (a) |
conduct a planning needs assessment;
|
| (c) |
prepare a concept paper and terms of reference;
|
| (d) |
constitute a planning team;
|
| (e) |
give a public notice on the intention to undertake a physical and land use planning service;
|
| (f) |
give a public notice of the completion of the physical and land use planning service;
|
| (g) |
process approval or adoption of the output of physical and land use planning service in accordance with the Act; and
|
| (h) |
maintain registers of all approved or adopted output of physical and land use planning services.
|
|
| 9. |
Performance of consulting services
When providing consulting services in the development of a physical and land use development plan, pursuant to the Third Schedule, a consultant shall—
| (b) |
scope and undertake data collection;
|
| (c) |
undertake detailed situational analysis and synthesis of key planning issues;
|
| (d) |
conduct visioning and objective setting workshops;
|
| (e) |
formulate, compile and package the plan; and
|
| (f) |
submit the plan for approval and publication.
|
|
| 10. |
Ownership of professional work
A physical and land use development plan or report prepared and approved under these Regulations shall be deemed to be the property of the relevant planning authority.
|
PART III – COSTING OF CONSULTING SERVICES AND PHYSICAL AND LAND USE PLANNING SERVICES
| 11. |
Costing for provision of physical and land use planning services
The costing for the provision of physical and land use planning services shall be in accordance with the guidelines set out in the First Schedule.
|
| 12. |
Factors influencing costing
A consultant shall consider the factors set out in the Second Schedule when costing for the development of a physical and land use development plan.
|
| 13. |
Costing elements
The costing of the activities specified in the third column of the table set out in the Third Schedule, for the phase specified in the second column thereof, shall be based on the elements set out in the fourth column thereof.
|
| 14. |
Professionals’ roles
The roles of the professionals engaging in consulting services or physical and land use planning services shall be as set out in the Table set out in the Fourth Schedule.
|
PART IV – MISCELLANEOUS
| 15. |
Lead consultant
| (1) |
In this regulation, "consortium" means an association of two or more firms contracted to provide physical and land use planning services beyond the capacity of any one firm.
|
| (2) |
Where a planning authority has procured the services of a consortium to offer consulting services under these Regulations, the lead consultant of the consortium shall be a licensed physical planner of firm.
|
|
| 16. |
Preference for local consultants
Planning authorities shall give preference to local consultants during the procurement of physical and land use planning services under these Regulations.
|
FIRST SCHEDULE [r. 11]
Guidelines for Costing Physical and Land Use Planning Services.
The main costing elements may be clustered into the following—
| (a) |
public participation - publications and stakeholder workshops;
|
| (b) |
personnel - hiring of planning department personnel;
|
| (c) |
tools and equipment - procuring computers, GPS, software, plotters, printers, servers, internet, vehicles and setting up a GIS laboratory;
|
| (d) |
data acquisition-socio-economic data, mapping information (satellite images, aerial photography, topographic information);
|
| (e) |
work sessions/technical workshops-expert work sessions;
|
| (f) |
packaging, printing and dissemination; and
|
| (g) |
logistical costs-transport, daily subsistence allowance (per diem), airtime and lunch allowances.
|
SECOND SCHEDULE [r. 12]
Factors Considered when Costing for the Development of a Physical and Land Use Development Plan.
The cost of preparing a plan is dependent on several factors which include the-
| (a) |
geographical characteristics of the planning area;
|
| (c) |
range of equipment and tools;
|
| (f) |
population of the planning area;
|
| (g) |
number of public work sessions;
|
| (h) |
source of planning information; and
|
| (i) |
number of copies to be produced.
|
THIRD SCHEDULE [r. 13]
Costing Elements
|
S/No.
|
Phase
|
Activity
|
Possible costing elements
|
|
|
Initiation
|
Conducting planning needs assessment
|
Field work-rapid appraisal of the area
|
|
Delineation of theplanning area
|
Planning needs assessment workshop
|
|
Preparing a concept paper
|
Technical workshop for development of concept paper
|
|
Preparing Terms of Reference (ToRs)
|
|
Deciding the mode of delivering the plan
|
Meeting
|
|
Procurement of consultancy services (when outsourcing)
|
Advertisement for consultancy services
|
|
Presentation of inception report
|
Technical workshop
|
|
Constituting of the planning team
|
Team building workshop
|
|
Conducting data needs assessment
|
Technical workshop Field work
|
|
Stakeholder analysis
|
Work session
|
|
Sensitization andawareness creation
|
Publication of the notice of intention to plan in the localdailies, electronic media, public barazas.
|
|
|
Preparation of base map
|
Data acquisition
|
Satellite imagery Aerial photography Spatial data Ground controls Participatory mapping
|
|
Data processing (digital and topographic mapping and preparation of base map)
|
Reconnaissance research Work session
|
|
|
Scoping and datacollection
|
Expert and sector engagement work shop
|
Stakeholder workshops
|
|
SWOT analysis and preliminary visioningSocio-economic data collection
|
Research and field work
|
|
|
Detailedsituationalanalysis and synthesis of key planning issues
|
Preparation of thematic maps
|
Work session
|
|
Socio-economic data analysis
|
Work session
|
|
Situational analysisValidation
|
Analysis validation workshops Technical workshop
|
|
|
Visioning
|
Setting objectives Scenario building
|
Visioning workshop
|
|
|
Plan formulation and associate outputs
|
Development of the land use plan
|
Work session
|
|
Formulation of policies and measures Development of strategies
|
Work session
|
|
Formulation of theimplementationframe work
|
Work session
|
|
Validation of draft plan
|
Technical workshop Stakeholder workshop
|
|
Finalization of the plan and associated outputs
|
Work session
|
|
|
Compilation andpackaging
|
Printing, publishing andpublication
|
Printing, publishing and publication of notice of completion
|
|
|
Plan approval and gazettement
|
Sensitization and awareness creation
|
Gazettement of the approved plan
|
FOURTH SCHEDULE [r. 14]
Roles of Different Professionals in the Preparation of a Physical and Land Use Plan
|
Professional
|
Role
|
|
Transport Planner
|
Guides in formulation of future policies, goals, investments and designs to prepare for future needs to move people and goods to destinations
|
|
Environmentalist
|
Presents concerns and advice on the mechanisms for the protection of the environment
|
|
Sociologist
|
Guides on issues concerning development, structure, and functioning of human society
|
|
Economist
|
Brings issues of production, consumption, and transfer of resource
|
|
Urban Designer
|
Presents and advices on how to design the physical setting for life in cities, towns and villages.
|
|
Surveyor
|
Data capture and preparation of base maps, confirms areas of parcels and buildings, and fixes boundaries
|
|
Land Value
|
Provide advice on land Surveyor Land Values land values and return on investment
|
THE PHYSICAL AND LAND USE PLANNING (OUTSOURCING OF PROFESSIONAL SERVICES) REGULATIONS
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may he cited as the Physical and Land Use Planning (Outsourcing of Professional Services) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the content otherwise requires—
"consultant" means a registered and practicing physical planner contracted to provide professional physical and land use planning services;
"consultancy services" means physical and land use planning services of an intellectual, technical or advisory nature;
"lead consultant" means a licensed physical planner contracted to provide physical and land use planning services;
"local consultant" means a licensed physical planner who is a resident in Kenya;
"physical and land use planning services" include—
| (a) |
specialized studies including scenario building necessary in the process of formulating of policies, standards, guidelines and strategies;
|
| (b) |
the preparation of physical and land use development plans;
|
| (c) |
undertaking research on matters relating to physical and land use development planning at national and county levels;
|
"planning team" a multi-disciplinary team of professionals constituted by a lead agency to undertake physical and land use planning services;
"procurement" means the acquisition by purchase, rental, lease, hire purchase, license, tenancy, franchise, or by any other contractual means, of any type of works, assets, services or goods or any combination thereof; and includes advisory, planning and processing in the supply chain system;
"public entity" has the meaning assigned to it in section 2 of the Public Procurement and Asset Disposal Act (Cap. 412C); and
"surveyor" has the meaning assigned to it in section 2 of the surveyor Survey Act.
|
| 3. |
object of the Regulations
The object of these Regulations is to provide for the procurement of physical and land use planning services by planning authorities.
|
PART II – PROCURING PHYSICAL AND LAND USE PLANNING SERVICES
| 4. |
Procurement of consultancy services
A planning authority or a person or entity authorized to perform a planning function shall ensure that the procurement of consulting services is conducted in accordance with the Public Procurement and Assets Disposal Act (Cap. 412C).
|
| 5. |
Mode of consulting
A planning authority may fully or partially procure the services of a consultant to undertake some components of physical and land use planning.
|
| 6. |
Functions and compositions of planning teams
| (1) |
A planning team shall co-ordinate the identification of key planning issues, analysis and formulation of physical and land use planning proposals.
|
| (2) |
Depending on the nature of the physical and land use planning service, the planning team shall include persons from the following disciplines—
| (g) |
environmental management;
|
| (o) |
disaster risk management.
|
|
|
| 7. |
Reporting
| (1) |
A planning authority shall specify the quality control benchmarks to be satisfied by a consultant when performing the consulting services.
|
| (2) |
A planning authority shall specify the quality control benchmarks to be satisfied by a consultant when offering physical and land use planning services.
|
| (3) |
A consultant shall submit to the relevant planning authority periodic reports based on the specified quality control benchmarks.
|
|
| 8. |
Procurement of physical and land use planning services
When procuring the physical and land use planning services a planning authority shall—
| (a) |
conduct a planning needs assessment;
|
| (c) |
prepare a concept paper and terms of reference;
|
| (d) |
constitute a planning team;
|
| (e) |
give a public notice on the intention to undertake a physical and land use planning service;
|
| (f) |
give a public notice of the completion of the physical and land use planning service;
|
| (g) |
process approval or adoption of the output of physical and land use planning service in accordance with the Act; and
|
| (h) |
maintain registers of all approved or adopted output of physical and land use planning services.
|
|
| 9. |
Performance of consulting services
When providing consulting services in the development of a physical and land use development plan, pursuant to the Third Schedule, a consultant shall—
| (b) |
scope and undertake data collection;
|
| (c) |
undertake detailed situational analysis and synthesis of key planning issues;
|
| (d) |
conduct visioning and objective setting workshops;
|
| (e) |
formulate, compile and package the plan; and
|
| (f) |
submit the plan for approval and publication.
|
|
| 10. |
Ownership of professional work
A physical and land use development plan or report prepared and approved under these Regulations shall be deemed to be the property of the relevant planning authority.
|
PART III – COSTING OF CONSULTING SERVICES AND PHYSICAL AND LAND USE PLANNING SERVICES
| 11. |
Costing for provision of physical and land use planning services
The costing for the provision of physical and land use planning services shall be in accordance with the guidelines set out in the First Schedule.
|
| 12. |
Factors influencing costing
A consultant shall consider the factors set out in the Second Schedule when costing for the development of a physical and land use development plan.
|
| 13. |
Costing elements
The costing of the activities specified in the third column of the table set out in the Third Schedule, for the phase specified in the second column thereof, shall be based on the elements set out in the fourth column thereof.
|
| 14. |
Professionals’ roles
The roles of the professionals engaging in consulting services or physical and land use planning services shall be as set out in the Table set out in the Fourth Schedule.
|
PART IV – MISCELLANEOUS
| 15. |
Lead consultant
| (1) |
In this regulation, "consortium" means an association of two or more firms contracted to provide physical and land use planning services beyond the capacity of any one firm.
|
| (2) |
Where a planning authority has procured the services of a consortium to offer consulting services under these Regulations, the lead consultant of the consortium shall be a licensed physical planner of firm.
|
|
| 16. |
Preference for local consultants
Planning authorities shall give preference to local consultants during the procurement of physical and land use planning services under these Regulations.
|
FIRST SCHEDULE [r. 11]
GUIDELINES FOR COSTING PHYSICAL AND LAND USE PLANNING SERVICES
The main costing elements may be clustered into the following—
| (a) |
public participation - publications and stakeholder workshops;
|
| (b) |
personnel - hiring of planning department personnel;
|
| (c) |
tools and equipment - procuring computers, GPS, software, plotters, printers, servers, internet, vehicles and setting up a GIS laboratory;
|
| (d) |
data acquisition-socio-economic data, mapping information (satellite images, aerial photography, topographic information);
|
| (e) |
work sessions/technical workshops-expert work sessions;
|
| (f) |
packaging, printing and dissemination; and
|
| (g) |
logistical costs-transport, daily subsistence allowance (per diem), airtime and lunch allowances.
|
SECOND SCHEDULE [r. 12]
FACTORS CONSIDERED WHEN COSTING FOR THE DEVELOPMENT OF A PHYSICAL AND LAND USE DEVELOPMENT PLAN
The cost of preparing a plan is dependent on several factors which include the-
| (a) |
geographical characteristics of the planning area;
|
| (c) |
range of equipment and tools;
|
| (f) |
population of the planning area;
|
| (g) |
number of public work sessions;
|
| (h) |
source of planning information; and
|
| (i) |
number of copies to be produced.
|
THIRD SCHEDULE [r. 13]
COSTING ELEMENTS
|
S/No.
|
Phase
|
Activity
|
Possible costing elements
|
|
|
Initiation
|
Conducting planning needs assessment
|
Field work-rapid appraisal of the area
|
|
Delineation of theplanning area
|
Planning needs assessment workshop
|
|
Preparing a concept paper
|
Technical workshop for development of concept paper
|
|
Preparing Terms of Reference (ToRs)
|
|
Deciding the mode of delivering the plan
|
Meeting
|
|
Procurement of consultancy services (when outsourcing)
|
Advertisement for consultancy services
|
|
Presentation of inception report
|
Technical workshop
|
|
Constituting of the planning team
|
Team building workshop
|
|
Conducting data needs assessment
|
Technical workshop Field work
|
|
Stakeholder analysis
|
Work session
|
|
Sensitization andawareness creation
|
Publication of the notice of intention to plan in the localdailies, electronic media, public barazas.
|
|
|
Preparation of base map
|
Data acquisition
|
Satellite imagery Aerial photography Spatial data Ground controls Participatory mapping
|
|
Data processing (digital and topographic mapping and preparation of base map)
|
Reconnaissance research Work session
|
|
|
Scoping and datacollection
|
Expert and sector engagement work shop
|
Stakeholder workshops
|
|
SWOT analysis and preliminary visioningSocio-economic data collection
|
Research and field work
|
|
|
Detailedsituationalanalysis and synthesis of key planning issues
|
Preparation of thematic maps
|
Work session
|
|
Socio-economic data analysis
|
Work session
|
|
Situational analysisValidation
|
Analysis validation workshops Technical workshop
|
|
|
Visioning
|
Setting objectives Scenario building
|
Visioning workshop
|
|
|
Plan formulation and associate outputs
|
Development of the land use plan
|
Work session
|
|
Formulation of policies and measures Development of strategies
|
Work session
|
|
Formulation of theimplementationframe work
|
Work session
|
|
Validation of draft plan
|
Technical workshop Stakeholder workshop
|
|
Finalization of the plan and associated outputs
|
Work session
|
|
|
Compilation andpackaging
|
Printing, publishing andpublication
|
Printing, publishing and publication of notice of completion
|
|
|
Plan approval and gazettement
|
Sensitization and awareness creation
|
Gazettement of the approved plan
|
FOURTH SCHEDULE [r. 14]
ROLES OF DIFFERENT PROFESSIONALS IN THE PREPARATION OF A PHYSICAL AND LAND USE PLAN
|
Professional
|
Role
|
|
Transport Planner
|
Guides in formulation of future policies, goals, investments and designs to prepare for future needs to move people and goods to destinations
|
|
Environmentalist
|
Presents concerns and advice on the mechanisms for the protection of the environment
|
|
Sociologist
|
Guides on issues concerning development, structure, and functioning of human society
|
|
Economist
|
Brings issues of production, consumption, and transfer of resource
|
|
Urban Designer
|
Presents and advices on how to design the physical setting for life in cities, towns and villages.
|
|
Surveyor
|
Data capture and preparation of base maps, confirms areas of parcels and buildings, and fixes boundaries
|
|
Land Value
|
Provide advice on land Surveyor Land Values land values and return on investment
|
PHYSICAL AND LAND USE PLANNING (ADVERTISEMENT) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
| 3. |
Object of the Regulations
|
PART II – PROCESSING OF ADVERTISMENT APPLICATIONS
| 4. |
Permitted advertisements
|
| 7. |
Siting of advertisements
|
| 9. |
Safety of advertisement signs
|
| 10. |
Consideration of applications
|
| 11. |
Applications for billboards, sky signs and wall wraps
|
| 12. |
Application for directional signs and signage, wall branding
|
| 14. |
Circulation for advertisement
|
| 15. |
Approvals, refusals and rejections
|
| 16. |
Cancellations and amendments
|
PART III – GENERAL PROVISIONS
| 17. |
Restoration to original state
|
| 19. |
Advertisement that is integral to a building
|
| 20. |
Election advertisements
|
SCHEDULES
PHYSICAL AND LAND USE PLANNING (ADVERTISEMENT) REGULATIONS
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Advertisement) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the content otherwise requires—
"amenity" means physical attributes in a neighborhood which contribute to the quality of the environment and to its better enjoyment for any permitted use and includes the effect upon visual and aural amenity in the immediate neighborhood of displaying the advertisement
"animated billboard" means an advertisement that displays, at any one time, one or more advertisements consisting of visual moving pictures or that are otherwise able to move or change color due to the use of electrical, mechanical or other sources of power;
"balloon advertisement" means an advertisement that is inflated, tethered to and suspended above any building or structure, water surface, earth surface and is conspicuously visible from any street or building;
"banner" means a long strip of cloth bearing a slogan or design hung in a public place or carried in a demonstration or procession;
"beam advertisement" means advertising using illumination derived from any portion of the electromagnetic band width and includes a beam, laser and includes similar sources of illumination that produces a beam of light skywards to produce an image in the atmosphere;
"billboard" means a large sign for advertisement that is next to a road or side of a building or any other location agreed upon;
"construction site hoarding advertisements" means advertisement on the temporary fence of a construction site;
"election advertisement" means an advertisement designed to influence the outcome of an election called by a public body Flyers and leaflets;
"guardrail avert panel" means a strong metal bar along the side of a road or steep places that prevent vehicles and people from falling or on surface of door, wall or ceiling;
"illuminate" means to extend an internal or external artificial source of light, directly or by reflection, to any advertisement, billboard, directional sign, signboard or sky sign;
"illuminated advertisement" means an advertisement illuminated artificially by an electric current either directly or indirectly or made of luminous material and includes a visible notice or representation caused by directing a beam into the air;
"Light Emitting Diodes (LED)" means an advertisement sign made of a solid-state device that emits light when current is passed through it;
"non-illuminated advertisement" means an advertisement that is not artificially illuminated;
"outdoor advertisement" means any word, letter, devise, model, sign, placard, board, notice or representation, whether illuminated or not that is displayed in a place and manner where the public can view it;
"sign board" means a board displaying the name or description of a business or institution or product for purposes of indicating direction or promotion of the business;
"sky signs" means any advertising structure that is displayed—
| (a) |
on or above the roof, parapet or eaves of a building or extends above the roof line of a building, and is conspicuously visible from any street or building below; and
|
| (b) |
containing only particulars, including any logo or symbol, of the name or owner of the building to which it is affixed;
|
"temporary notice" means a sign not permanently attached to the ground, a wall or a building, and not designed or intended for permanent display aimed at directing the public to a meeting;
"wall branding" means the placing of a name, logo, slogan or design of a product or service on a wall of a building or structure for purposes of marketing; and
"wall wrap" means an advertisement placed on a building or any other terrestrial structure;
|
| 3. |
Object of the Regulations
The object of these Regulations is to give effect to Part IV and to provide for the process of application and approval of development permission for advertisements.
|
PART II – PROCESSING OF ADVERTISMENT APPLICATIONS
| 4. |
Permitted advertisements
| (1) |
The owner of a building or land may display the following illustrated advertisements without the prior consent of the planning authority—
| (a) |
notices or signs to be displayed on any premises for the purpose of advertising the fact that a person, partnership or company is carrying on a profession, business or trade at those premises provided that the letters are not greater than 0.3 m. (12 inches) in depth and contains not more than 10 words; but if there is more than one entrance to the premises on different road frontages, two advertisements of 0.3m. (12 inches) in depth of a square meter each may be displayed (on a separate frontage);
|
| (b) |
in the case of offices, a notice board displayed at the entrance of each floor to the premises not exceeding 0.3 sq. m. (3 sq. ft.) total for all occupiers;
|
| (c) |
any advertisement displayed within a building or on an enclosed land or building not visible from a street, notices in connection with medical, recreational, educational, religious, cultural hostel, guest house block of flats, provided that the advertisement is displayed at the premises and does not exceed 1.5 square meters in area; however, if there is more than one entrance to the premises on different road frontages, two advertisements of 1.2 square meters each may be displayed (each on a separate frontage).
|
|
| (2) |
An advertisement for hawkers once a permit has been issued in terms of the relevant by-laws which is limited to two signs per hawker and the hawker must remove daily at close of business of such hawker.
|
| (3) |
Poster-hoardings which are being used to screen building or construction sites while the work is being carried out on site for a maximum period of twenty-four months, must be displayed not more than one month before works commence, more than fifty square meters in surface area and more than four meters above the ground and should in addition be non-reflective such that they do not flash or cause glare to pedestrians, cyclists and motorists.
|
| (4) |
The advertiser shall submit written notification to the planning authority of intention to display such an advertisement at least fourteen days before the display starts, and display an onsite notice measuring one hundred and twenty centimeters by seventy centimeters and a height of one hundred and seventy centimeters from the ground of the planning permission.
|
| (5) |
An onsite captive balloon advertisement may be displayed if it is—
| (a) |
not more than thirty meters above the ground;
|
| (b) |
not displayed for more than fifteen days in any calendar year;
|
| (c) |
not displayed in a conversation area, world heritage site, gazetted national monument.
|
|
| (6) |
Temporary directional signs intended to direct pedestrians, motorists, and other passersby to an assembly, gathering, activity, or meeting sponsored, arranged, or promoted by a religious, charitable, community service, educational, medical or other similar non-profit organization.
|
| (7) |
Temporary directional signs may be displayed no more than 48 hours before the event and no more than twenty-four hours afterward.
|
|
| 5. |
Consent to display
An advertisement shall not be displayed on public or private land without written consent of the owner of land.
|
| 6. |
Exceptions
The following advertisements shall be exempted from payment of fee charges for approval—
| (a) |
a sign identifying the functions or property of a government department, public authority or county government but not a promotion sign displayed at the direction of any of these offices;
|
| (b) |
advertisements communicating matters of national importance including education and public health awareness;
|
| (c) |
national and county governments’ projects construction site boards;
|
| (d) |
traffic sign and signage on a public road, railway, tramway, or in the airport or airstrips;
|
| (e) |
a sign at a hospital that gives direction to emergency facilities;
|
| (f) |
a sign inside a building and enclosed spaces which shall not be illuminated or displayed within one meter of any window or other external opening through which they can be seen from outside the building;
|
| (g) |
a directional signage which gives direction or guidance about a tourist attraction, historical sites, religious sites or events and other places of interest to road users;
|
| (h) |
a sign required by statute or regulation;
Provided it is strictly in accordance with the requirement:
|
| (i) |
a sign at a railway station, ports and airports or airstrips for the information of people using the facilities and for purposes of operational signs;
|
| (j) |
a sign on a showground, on a motor racing track or on a major sports and recreation facility;
|
| (k) |
an advertisement which is an integral part of a building fabric but does not include an advertisement fixed to, or painted on, a building; and
|
| (l) |
An advertisement of not more than zero-point-three square meters inside buildings and which is not visible from a street.
|
|
| 7. |
Siting of advertisements
| (1) |
An advertisement shall be sited in a manner that does not—
| (a) |
obstruct a driver’s, pedestrian’s or cyclist’s view, of the road;
|
| (b) |
obstruct a driver’s, cyclist’s or pedestrian’s view—
| (iii) |
to a traffic control devices and road signage |
| (iv) |
to an emergency vehicle access point; |
|
| (c) |
distract a driver from or reduce the visibility and effectiveness of traffic control devices and road signage;
|
| (d) |
obscure or hinder interpretation of an aid to navigation by water or air;
|
| (e) |
hinder the operation of any device used for the purpose of security or surveillance;
|
| (f) |
obscure information about the road alignment;
|
| (g) |
interfere with stopping sight distance for the road’s design speed or the effectiveness of a traffic control device
|
| (h) |
distract a driver’s attention away from the road environment for an extended length of time
|
| (i) |
cause the driver’s or cyclist’s head to turn away from the road and the components of the traffic stream in order to view its display or message;
|
| (j) |
creates headlight reflections in the driver’s, cyclist’s or pedestrian’s line of sight; or
|
| (k) |
create a physical obstruction or hazard such as—
| (i) |
obstructing the movement of pedestrians or bicycle riders; |
| (ii) |
protruding below a bridge or other structure so it could be hit by trucks or other high bodied vehicles; or |
| (iii) |
protruding laterally into the transport corridor. |
|
|
| (2) |
An advertisement shall not be located—
| (a) |
less than the safe sight distance from an intersection, merge point, exit ramp, traffic control signal or sharp curves;
|
| (b) |
less than the safe stopping sight distance from a marked foot crossing, pedestrian crossing, pedestrian refuge, cycle crossing, cycle way facility or hazard within the road environment;
|
| (c) |
in a manner that may be dangerous to any person who may use any road, railway, waterway, harbor, dock, jetty, or airfield;
|
| (d) |
in a manner that is not out of scale, out of place or unduly dominant;
|
| (e) |
on medians, traffic islands, pedestrians’ crossings and where carriage ways diverge including footpaths and pedestrian walkways;
|
| (f) |
within seventy meters of traffic control lights and not less than one hundred meters from the outer width of a roundabout;
|
| (g) |
on an interchange and roundabout;
|
| (h) |
in a manner that causes obstruction of lighting or ventilation or reduce quality of air and ventilation;
|
| (i) |
in a manner that obstruct fire safety access points;
|
| (j) |
in a manner that obscures any other advertisement approved by the planning authority; and
|
| (k) |
in a manner that obscures or is incompatible with any feature which has natural, cultural, architectural, historical or heritage significance;
|
|
| (3) |
All forms of advertisements on national trunk roads shall be erected in accordance to the provisions of the Kenya Roads Act (Cap. 408).
|
|
| 8. |
Siting of billboards
| (1) |
Billboards along classes S, A and B roads and within one kilometer radius of the boundary of a municipality, town or market center irrespective of the classification of the road, shall be erected at a minimum distance of two hundred and fifty meters from each other.
|
| (2) |
Billboards along urban trunk road corridors shall be erected at a minimum distance of hundred meters from each other.
|
| (3) |
Billboards shall not be permitted in residential areas, rooftops or recreational areas.
|
|
| 9. |
Safety of advertisement signs
| (1) |
An advertisement sign that forms part of a communal electrical installation shall—
| (a) |
be subject to periodic inspection, testing and certification as determined by the relevant authority that deals with electrical installations;
|
| (b) |
be maintained in a clean, tidy and safe condition including painting it with colors permitted by the planning authority; and
|
| (c) |
not be illuminated or decorated by means of flickering, flashing or running lights except with written approval of the agencies established under Kenya Roads Act (Cap. 408).
|
|
| (2) |
All lighting associated with a billboard shall—
| (a) |
be shielded to ensure the external light sources are not directed to approaching pedestrians, cyclists and motorists; and
|
| (b) |
be designed in a manner to ensure that external light shall point downward and not upward and focused directly on the sign to prevent or minimize escape of light beyond the sign.
|
|
|
| 10. |
Consideration of applications
In considering an application, the County Executive Committee Member shall, in addition to provisions of an approved physical and land use development plan, any other relevant factor, comments from the relevant road agencies established under the Kenya Roads Act (Cap. 408), relevant legislation, national or county specific policy, have due regard to the following—
| (a) |
the compatibility of the proposed advertisement with the amenity of the immediate neighborhood;
|
| (b) |
any planning condition specified in a certificate of title, a physical and land use development plan, national standards and norms and requirements of any relevant national law;
|
| (c) |
the requirements of the National Building Code;
|
| (d) |
whether the proposed advertisement will—
| (i) |
have a negative visual impact on any development zoned or used for specified purposes under any physical and land use development plan; |
| (ii) |
cause danger to any development, motorists, cyclist or pedestrians or obstruct vehicular or pedestrian traffic; |
| (iii) |
in any way impair visibility of road traffic signs; |
| (iv) |
obscure any existing and approved erected advertisements; |
| (v) |
obscure any important natural, architectural, historical or heritage feature; or |
| (vi) |
be unsightly, objectionable or have detrimental impact on the architectural design of any building on the subject parcel including any adjacent property. |
|
|
| 11. |
Applications for billboards, sky signs and wall wraps
| (1) |
An application for a billboard, beam advertisement, sky-sign or wall wrap shall be made to the County Director on behalf of the County Executive Committee Member in Form PLUPA DC 16 as set out in the Schedule.
|
| (2) |
The application shall be accompanied by—
| (a) |
a planning report prepared by a registered physical planner;
|
| (b) |
the location plan of the site;
|
| (c) |
architectural plans prepared by a registered architect, where applicable;
|
| (d) |
structural designs with calculations prepared by a registered structural engineer and accompanied by a duly filled indemnity form, where applicable;
|
| (e) |
geotechnical survey where applicable prepared by a registered geologist or its equivalent to ascertain the structural integrity of the foundation and in the case of wall wraps and sky-signs the integrity of the building, where applicable;
|
| (f) |
payment of stipulated fees;
|
| (g) |
a copy of certificate of lease or certificate of title or any other ownership document, where applicable;
|
| (h) |
recommendation to site a billboard on a road reserve from the relevant road authority or agency;
|
| (i) |
for a beam advertisement, the applicant shall submit an environmental and social assessment license; and
|
| (j) |
any other supportive document as may be required by the County Director.
|
|
|
| 12. |
Application for directional signs and signage, wall branding
| (1) |
An application for a directional sign, signage or wall branding shall be made to the County Director on behalf of the County Executive Committee Member in Form PLUPA DC 16 as set out in the Schedule.
|
| (2) |
The application shall be accompanied by—
| (b) |
a sample of the advertisement;
|
| (c) |
a photograph of the building if it is being advertised on the building; and
|
|
|
| 13. |
Other applications
| (1) |
All forms of advertisements other than the advertisements specified in the Act and these Regulations including posters, banners and teardrops shall be made to the County Director on behalf of County Executive Committee in Form PLUPA 16 as set out in the Schedule.
|
| (2) |
The applications shall be accompanied by—
| (a) |
the design of the advertisement; and
|
|
| (3) |
All applications received shall be entered in a register.
|
| (4) |
Where the information requested by the County Director in order to process a signage application is not provided within a two-month period from the date of the application, the application shall be regarded withdrawn.
|
|
| 14. |
Circulation for advertisement
| (1) |
Upon receipt of an application for advertisement the County Director shall undertake pre-vetting exercise to ensure that the application meets thresholds set out in Form PLUPA DC-16 in the, any other policies and approved Physical and Land Use Plans.
|
| (2) |
The County Director shall issue submission certificate in Form PLUPA/DC/5 set out in the Schedule to the applicant acknowledging receipt of the application and where the application is unsatisfactory, the County Director on behalf of the County Executive Committee Member shall raise issues and require the applicant to address them.
|
| (3) |
An application for billboards, sky signs and wall wraps shall be circulated, where applicable, by the County Director to the Kenya Rural Roads Authority, Kenya National Highways Authority, Kenya Urban Roads Authority, National Museums of Kenya, Kenya Airports Authority, Kenya Civil Aviation Authority, Communication Authority of Kenya and any other relevant agencies.
|
| (4) |
The relevant agencies referred to in paragraph (3) shall give their comments within fourteen working days in accordance with section 60 (2) of the Act.
|
|
| 15. |
Approvals, refusals and rejections
| (1) |
Upon receipt of comments in accordance with regulation 14(4), the County Director shall consider the application and issue approval in Form PLUPA DC-17 as set out in the Schedule and may impose such conditions thereon as may be necessary in the circumstances.
|
| (2) |
An approval granted under paragraph (1) shall lapse where an approved advertising sign is not erected within three months from the date of approval or within a time specified in the approval.
|
| (3) |
An approval granted under paragraph (1) shall be for the period specified in the approval:
Provided that the approval shall cease to be in force after five years from the date the approval is granted.
|
|
| 16. |
Cancellations and amendments
| (1) |
The County Director on behalf of the County Executive Committee Member may, at any time, withdraw an approval granted or amend any condition or impose a further condition in respect of such approval, if in the opinion of the County Executive Committee Member an advertising sign—
| (a) |
has become detrimental to the environment or the amenity of the neighborhood by reason of size, intensity of illumination, quality of design or materials or for any other reason;
|
| (b) |
constitutes or becomes a danger to the public or the safety of pedestrians;
|
| (c) |
obstructs existing signs, natural features, architectural features or visual lines of civic or historical interest;
|
| (d) |
if the advertisement obscures pedestrian infrastructure;
|
| (e) |
contravenes Article 66 (1) of the Constitution; or
|
| (f) |
any other reason the approving authority may consider compelling.
|
|
| (2) |
A person aggrieved by the decision of the County Executive Committee Member may appeal to the respective liaison committee.
|
|
PART III – GENERAL PROVISIONS
| 17. |
Restoration to original state
| (1) |
For functional advertisement such as political campaigns, social or cultural functions, religious functions, entertainment, business promotions among others that have been approved, the applicant shall within fourteen days of ending of the function be required to remove and clean all material to the satisfaction of the approving authority.
|
| (2) |
The applicant shall sign a commitment in Form PLUPA DC 18 set out in the Schedule
|
| (3) |
Failure to comply with these regulations is an offence under section 67 of the Act.
|
|
| 18. |
Appeals
| (1) |
Any person aggrieved by a decision by the county executive committee member for failure to allow a permitted advertisement may within fourteen days of receiving the decision lodge an appeal in the county physical and land use planning liaison committee.
|
| (2) |
Notwithstanding subregulation (1), an applicant has no right of appeal if the county executive committee member informs the applicant that the planning authority treated the application as withdrawn because it is similar, in all relevant respects to one on the same site which has been refused by the county physical and land use planning liaison committee on appeal within the preceding one year.
|
|
| 19. |
Advertisement that is integral to a building
An advertisement which is an integral part of a building fabric, but does not include an advertisement fixed to, or painted on, a building is not to be regarded as incorporated in its fabric.
|
| 20. |
Election advertisements
| (1) |
Election advertisements with a maximum surface area of six square meters may be placed on undeveloped land, streets and sidewalks, except on classes S, A, B and C road reserves.
|
| (2) |
The candidate shall ensure that election signs are removed within fourteen days of the date elections are held.
|
|
| 21. |
Standard conditions
The following conditions shall apply to all advertisements—
| (a) |
any advertisement displayed and any site used for display of advertisement, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the planning authority;
|
| (b) |
any structure or hoarding erected or used principally for the purpose of displaying advertisements, shall be maintained in a safe condition;
|
| (c) |
no advertisement is to be displayed without permission of the owner of the site; and
|
| (d) |
introduction of illumination is a material change and requires permission.
|
|
SCHEDULE
FORMS
|
FORM PLUPA-DC-16
|
(r. 8, 9, 10)
|
|
|
|
|
APPLICATION FOR OUTDOOR ADVERTISEMENTS
|
|
|
Applicant detail
Name of the applicant .........................................................
Postal Address .........................................................
Physical Address .........................................................
Telephone Number .........................................................
Email .......................................................................
I/We ....................................................................... submit herewith an advertisement in a manner prescribed by the Building Code and PLUPA and any other written law
Type of advertisement/activity .........................................................
Inside/Adjacent to LR. No. ........................................................
Name/ Area .......................................................................
Estate .......................................................................
Name of the Road/Nearest road .......................................................................
Coordinates .......................................................................
Advertisement Sizes (m) .........................................................
Advertisement Sides .........................................................
Others .......................................................................
If a renewal previous license/ approval number ..............................................
Sign Owner ......................................................
Date ...........................................................
Director County Roads
County Director of Environment
NEMA
County Director of Trade
County Director of Energy
_______________________________
|
FORM PLUPA-DC-17
|
(r. 12(1))
|
|
|
|
|
APPROVAL OF ADVERTISEMENT
|
|
|
Reference is made to your application Ref. No. ................... dated ................... on the above-mentioned subject matter and your subsequent payment of Kshs. ................... in fees.
Authority is hereby granted to carry out the undermentioned advertisement on the reference plot/Road subject to you having received consent from the current owner/approval from the relevant authority, subject to the following conditions
.......................................................................................
........................................................................................
However, you are required to ensure safety for the people and properties around the advertisement. You are required to indemnify the County Government of ...................................... (having duly completed the indemnity form) against any claims that may arise from your negligence or acts of omission during the above works.
This letter granting permission to undertake the advertisement does not authorize alterations or additions to the structure and the plans.
This letter does not grant authority to change of use of the premises or interfere with any tenancy agreement between or among parties to the premises.
The county takes this opportunity to advise you that any deviation from the provision of this authority shall be an offence under this Act.
Name .........................................................................
Designation ................................................................
Signature .....................................................................
Date ............................................................................
COUNTY EXECUTIVE COMMITTEE MEMBER
_______________________________
|
FORM PLUPA-DC-18
|
(r. 14(2))
|
|
|
|
|
REMOVAL AND CLEANING OF ADVERTISEMENT MATERIAL AFTER EXPIRY APPLICATION FOR FUNCTIONAL ADVERTISEMENTS
|
|
|
| (1) |
Applicants Details
Name of the applicant ..........................................................
Postal Address ..........................................................
Physical Address ...............................................................
Telephone Number ...............................................................
Email ........................................................................
|
| (2) |
In reference to your approval of advertisement issued under PLUPA DC- 17 on the ............... day of ...................... 20 .............
I/We ....................................... commit to remove and clean advertisement material used during .................................. by the ...................... Day of................ 20 .............. to the satisfaction of the approval authority as per the set conditions
Sign (Applicant) ............................................
Date ..........................................................
|
PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL AROUND STRATEGIC INSTALLATIONS) REGULATIONS
ARRANGEMENT OF REGULATIONS
| 3. |
Object of the Regulations
|
| 4. |
Declaration of strategic installations
|
| 5. |
Preliminary applications
|
| 6. |
Application for development permission
|
| 7. |
Determination of application for development permission
|
PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL AROUND STRATEGIC INSTALLATIONS) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Development Control Around Strategic Installations) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the content otherwise requires—
"advisory" means an opinion as to whether a concept note or preliminary plan is compatible with permitted development around a strategic installation;
"area around strategic installations" means an area of land or land use that abuts a strategic installation;
"Commission" means National Land Commission established under Article 67 of the Constitution;
"electronic" has the meaning assigned to it under section 2 of the Kenya Information and Communications Act (Cap. 411A);
"Forum" means the National Physical and Land Use Planning Consultative Forum established under section 6 of the Act;
"geo-reference" has the meaning assigned to it in section 2 of the Land Act (Cap. 280));
"Strategic installation" means an installation that is—
| (a) |
classified as such under the Physical and Land Use Planning (Classification of Strategic National or Inter-County Projects) Regulations (Sub. leg);
|
| (b) |
declared to be a strategic installation by the Cabinet Secretary after a risk assessment report prepared under these Regulations; or
|
| (c) |
developed within or around a strategic national or inter-county project.
|
|
| 3. |
Object of the Regulations
The object of these Regulations is to give effect to Part IV of the Act and to provide for the procedures of processing development applications around strategic installations.
|
| 4. |
Declaration of strategic installations
| (1) |
The Cabinet Secretary may, on his or her own motion or on application by a State organ, and after consideration of a risk assessment report, declare an installation that has not been classified as a strategic installation under the Act to be a strategic installation.
|
| (2) |
The Forum shall, in accordance with sections 7 (d) and 8 (3) of the Act consider an application for a declaration under subregulation (1) after undertaking a risk assessment.
|
| (3) |
The Forum shall, when undertaking the risk assessment under subregulation (2) consider the following matters—
| (a) |
the safety and security of the installation;
|
| (b) |
the effect that the loss, damage, disruption or immobilisation of the installation may have on general administration or provision of essential services;
|
| (c) |
whether the proposed project may disadvantage Kenya;
|
| (d) |
how the proposed project impacts the delivery of essential service;
|
| (f) |
impacts on international conventions and treaties;
|
| (g) |
impact on inter-boundary resource use and management;
|
| (k) |
legal and institutional framework.
|
|
| (4) |
The Cabinet Secretary shall, on the recommendation of the Forum, declare an installation to be a strategic installation by notice in the Gazette within fourteen days of receipt of the risk assessment report.
|
| (5) |
Within fourteen days after the publication of the notice under subregulation (4), the Cabinet Secretary shall request the relevant county government to declare the area adjoining the strategic installation to be a special planning area in accordance with section 52.
|
|
| 5. |
Preliminary applications
| (1) |
A person shall submit an application for development in the area adjoining a strategic installation in paper or electronic formats to the County Executive Committee Member for policy guidance and advice and the application shall include a concept paper.
|
| (2) |
The County Executive Committee Member shall, within fourteen days after receiving the application under paragraph (1), issue a written advisory or refer it to the Director-General for verification of compatibility with the development plan of the strategic installation.
|
| (3) |
The County Executive Committee Member shall transmit a copy of the application to the head of the relevant ministry, department or agency responsible for the strategic installation.
|
| (4) |
Where an applicant has not received an advisory under paragraph (2) within fourteen days after submitting the application to the County Executive Member, the applicant shall submit the application for development permission in accordance with Part IV of the Act.
|
|
| 6. |
Application for development permission
| (1) |
Where the County Executive Committee Member issues an advisory under regulation 5 (2), the applicant may submit the detailed application to the County Executive Committee Member for consideration and pay the prescribed fees.
|
| (2) |
The application under subregulation (1) shall be submitted in the following format—
| (a) |
each document contained in the application shall be paginated;
|
| (b) |
each document sent in electronic form shall—
| (ii) |
not be password protected |
| (iii) |
not have hyperlinks |
| (iv) |
be capable of being reproduced in A4 size paper without losing accuracy; |
| (v) |
be limited to 25 Mb per file except for a geo-database or shapefile document; and |
| (vi) |
have images of with a resolution of at least 1,200 printer dots per square inch; and |
|
| (c) |
each plan contained in the application shall be geo-referenced.
|
|
| (3) |
Each digital plan contained in the application shall embed an electronic signature or a manual signature on a document that is scanned for electronic submission by the author.
|
| (4) |
Where due to a reasonable cause that may include a system prolonged down time, resulting in the applicant’s inability to submit an application electronically, the applicant may submit a paper copy of the application to the County Executive Committee Member and give reasons for the inability within fourteen days from the date of application.
|
| (5) |
Upon receipt of the application, the County Executive Committee Member shall invite comments from relevant authorities and agencies including the Director-General.
|
| (6) |
The comments sought under subregulation (5) shall be submitted to the County Executive Committee Member within fourteen days after the request by the County Executive Committee Member.
|
| (7) |
After receiving a copy of the application under regulation 4 (3), the Director-General shall request comments from the head of the ministry, department or agency responsible for the strategic installation and the committee constituted under section 8 (3) to consider and give comments on the application.
|
| (8) |
The Director-General shall submit comments on the request under subregulation (5), which shall take into consideration the comments of the relevant ministry, department or agency responsible for the strategic installation and the forum within the period specified in paragraph (6) to the County Executive Committee Member.
|
| (9) |
When considering an application for development permission, a County Executive Committee Member shall also take into consideration the comments sought under subregulation (6) before granting development permission.
|
| (10) |
A person shall not undertake any development in the area around a strategic installation without development permission from the relevant County Executive Committee Member.
|
| (11) |
Where a service provider receives a request for connection to a development around a strategic installation, the service provider shall confirm that development permission has been granted before making the connection.
|
|
| 7. |
Determination of application for development permission
| (1) |
After receiving the comments requested under regulation 6(5), the County Executive Committee Member shall with reason consider the application for development permission under regulation 6 (1) and—
| (a) |
approve the application with or without conditions;
|
| (b) |
reject the application; or
|
|
| (2) |
The County Executive Committee Member shall, within fourteen days of receiving comments under regulation 6 (6), notify the applicant of the decision made on the development application in writing specifying the reasons for the decision.
|
| (3) |
The County Executive Committee Member shall transmit a copy of the decision under subregulation (2) to the Director-General and the head of the ministry, department or agency responsible for the strategic installation.
|
|
| 8. |
Appeals
Any person aggrieved by a decision of the County Executive Committee Member with respect to an application for development permission under these Regulations may appeal in writing to the County Physical and Land Use Planning Liaison Committee within fourteen days after the decision.
|
| 9. |
Monitoring
| (1) |
The County Executive Committee Member shall monitor the implementation of approved developments in areas adjacent to strategic installations to ensure that they comply with the conditions of development permissions and prepare status reports thereon.
|
| (2) |
The County Executive Committee Member shall transmit copies of the status reports prepared under subregulation (1) to the Director-General.
|
| (3) |
The Director-General may, on his or her own motion, or on request from the head of the ministry, department or agency responsible for the strategic installation, or on the basis of the status report transmitted under subregulation (2), convene a meeting with the respective County Executive Committee Member, a representative from the ministry, department or agency and the developer if—
| (a) |
a developer commences development without development permission; or
|
| (b) |
the development does not comply with the conditions of the development permission.
|
|
| (4) |
Where a developer commences development in an area adjacent to a strategic installation without development permission or does not comply with the conditions of the development permission, the County Executive Committee Member may, by notice in writing—
| (a) |
direct that the developer shall cease all operations until the developer has complied with the provisions of these Regulations;
|
| (b) |
specify the measures the developer shall be required to take in order to comply with the conditions of the development permission with a period to be specified by the County Executive Committee Member;
|
| (c) |
specify the measures the developer shall take to regularise the development and the period within which the regularisation shall take place; or
|
| (d) |
require the demolition or alteration of the development or works or the discontinuance of any use of the subject land or the carrying out of any other activities within a period to be specified by the County Executive Committee Member.
|
|
| (5) |
The determination of the County Executive Committee Member made under subregulation (4) shall be transmitted to the Director-General and the head of the ministry, department or agency responsible for the strategic installation.
|
|
| 10. |
Register
The County Executive Committee Member shall maintain a register of all development applications received and development permissions granted under these Regulations.
|
PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL FOR INTER-COUNTY PROJECTS) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
| 3. |
Object of the Regulations
|
PART II – DEVELOPMENT CONTROL FOR INTER-COUNTY PROJECTS
| 4. |
Reservation of land for Inter-County Projects
|
| 5. |
Preliminary conceptual application
|
| 6. |
Scope of Inter-County Project Proposal
|
| 7. |
Notice of intention to prepare Inter-County Project proposal
|
| 9. |
Notice of completion of an Inter-County proposal
|
| 11. |
Application for approval of Inter-County Project Proposal
|
| 12. |
Approval by county assemblies
|
| 13. |
Notice of Approval of the Inter-County Project Proposal
|
| 14. |
Implementation of the approved Inter-County project proposal
|
PART III – COMPLIANCE
PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL FOR INTER-COUNTY PROJECTS) REGULATIONS
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Development Control for Inter-County Projects) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the content otherwise requires—
“Inter-County Project” means a project carried out for the realization of development objectives for a geographical area covering two or more counties or parts thereof;
“Joint Committee” means the Inter-County Joint Physical and Land Use Planning Committee established for the purpose of formulation of an Inter-County Physical and Land Use Development Plan and for connected purposes under section 29; and
“reservation of land” means setting aside land for one or more purpose in the public interest.
|
| 3. |
Object of the Regulations
The object of these Regulations is to provide for the procedures, standards, guidelines and prescribed forms for processing development control applications for inter-county projects under sections 33 and 69 (2).
|
PART II – DEVELOPMENT CONTROL FOR INTER-COUNTY PROJECTS
| 4. |
Reservation of land for Inter-County Projects
| (1) |
Where public land is required for an inter-county project, the relevant ministry, department, state corporations and county governments shall apply to the Commission for reservation of such land.
|
| (2) |
The Cabinet Secretary and County Executive Committee Member may consider reserving public land for strategic national projects before, during or after the preparation of an inter-county physical land use development plan
|
| (3) |
The Commission shall register any public land reserved for a strategic national project under these regulations in accordance with the Land Registration Act (Cap. 300), and publish in the Gazette a list of any reserved land.
|
| (4) |
Public land reserved for a strategic national project shall not be used for any other purpose other than the purpose for which it was reserved.
|
| (5) |
Any person aggrieved by a decision to reserve public land for a strategic national project may lodge an appeal in writing against the reservation with the National Liaison Committee.
|
|
| 5. |
Preliminary conceptual application
| (1) |
Where two or more counties are seeking to undertake an inter-county development project, they shall submit a project proposal and preliminary plans both in paper and electronic form to the Cabinet Secretary for consideration.
|
| (2) |
The Cabinet Secretary shall within thirty days after receipt of the project proposal and preliminary plans under subregulation (1), issue an advisory or convene a meeting with the respective counties for further consultations.
|
|
| 6. |
Scope of Inter-County Project Proposal
An inter-county project proposal shall define the scope of the project and geographical area to which the project relates.
|
| 7. |
Notice of intention to prepare Inter-County Project proposal
| (1) |
The Joint Committee shall publish a notice in the Gazette and in at least two newspapers of national circulation in English and Kiswahili and electronic media informing the public of the intention to prepare an inter-county project proposal and request for submission of comments within thirty days.
|
| (2) |
The Joint Committee shall within thirty days upon receipt of comments sought under subregulation (1) consider the comments and may incorporate them in the inter-county project proposal.
|
| (3) |
The Joint Committee shall prepare and complete the intercounty project proposal within ninety days from the time notice of intention to prepare the inter-county project proposal is published.
|
| (4) |
The Joint Committee may on its own motion extend the period under subregulation (1) by a period not exceeding thirty days.
|
|
| 8. |
Public participation
The Joint Committee shall consult, consider the input of the National Security Council, publish and hold stakeholders' meetings during the preparation of the inter-county project proposal.
|
| 9. |
Notice of completion of an Inter-County proposal
| (1) |
Within thirty days of completion of the inter-county project proposal, the Joint Committee shall publish a notice in the Gazette and in at least two newspapers of national circulation, electronic media and in such other manner as may be expedient in the circumstances informing the public that—
| (a) |
the complete inter-county project proposal is available at the place and time specified in the notice for inspection; and
|
| (b) |
any interested person may within fourteen days comment on the content of the project proposal.
|
|
| (2) |
The Joint Committee shall within twenty-one days of the expiry of the notice period consider the submitted comments and may incorporate the comments in the inter-county project proposal.
|
| (3) |
Within seven days of making the decision under subregulation (2), the Joint Committee shall publish a notice in the Gazette and in at least two newspapers of national circulation and in such other manner as may be expedient in the circumstances informing the public that–
| (a) |
a decision on the comments received under this regulation has been made; and
|
| (b) |
the reviewed draft inter-county project proposal is available for perusal at the place and time specified in the notice.
|
|
|
| 10. |
Appeals
| (1) |
A person dissatisfied with the decision of the Joint Committee may appeal to the National Physical and Land Use Planning Liaison Committee within fourteen days.
|
| (2) |
The National Physical and Land Use Planning Liaison committee shall hear and determine the application within sixty days of receipt of the application.
|
| (3) |
A person dissatisfied with the decision of the National Physical and Land Use Planning Liaison Committee may within fourteen days of the decision appeal to the Environment and Land Court.
|
|
| 11. |
Application for approval of Inter-County Project Proposal
| (1) |
The Joint Committee shall submit the inter-county project proposal to the respective County Executive Committee Member, within twenty-one days of completion of the proposal.
|
| (2) |
The respective County Executive Committee Member shall within fourteen days of receipt of the inter-county project proposal separately submit the inter- county project proposal to the respective County Executive Committees for consideration and onward submission to the respective county assemblies for approval.
|
| (3) |
The respective Governors participating in an inter-county project shall separately submit the inter-county project proposal to respective County Assemblies for approval.
|
| (4) |
The Inter-County Project Proposal shall be submitted in the following format—
| (a) |
each document shall be paginated;
|
| (b) |
documents sent in electronic form shall be in PDF format;
|
| (c) |
all plans shall be geo-referenced; and
|
| (d) |
digital plans shall be embedded with a digital certification by the author.
|
|
|
| 12. |
Approval by county assemblies
| (1) |
Upon presentation of the completed inter-county project proposal to the respective county assemblies, each county assembly may—
| (b) |
approve it with amendments; or
|
|
| (2) |
Where a county assembly approves the proposal in whole, it shall notify the County Executive Committee Member in writing of the approval and the County Executive Committee member shall notify the Director-General of the approval in writing.
|
| (3) |
Where a county assembly approves a proposal with amendments—
| (a) |
the county assembly shall notify the County Executive Committee Member in writing of the approval, specifying the amendments required to be made to the proposal;
|
| (b) |
the County Executive Committee member shall notify the Director-General of the county assembly’s approval in writing, and specify the areas that the county assembly has recommended the proposal should be amended; and
|
| (c) |
within fourteen days after receiving the notification under paragraph (b), the Director-General shall submit the recommendations of the county assembly to the Joint Committee for consideration.
|
|
| (4) |
Where a county assembly rejects a proposal in whole—
| (a) |
the county assembly shall notify the County Executive Committee Member in writing, specifying the reasons for the rejection in the notification;
|
| (b) |
the County Executive Committee Member shall forward the county assembly’s notification under paragraph (a) to the Director-General;
|
| (c) |
within thirty days after receiving the county assembly’s notification under paragraph (b), the Director-General shall convene a meeting for the Joint Committee to consider the reasons for the county assembly’s rejection of the proposal, rectify the proposal and resubmit the revised proposal to the county assembly within a period of sixty days.
|
|
| (5) |
The county assembly shall notify in writing the County Executive Committee Member of the decision made under subregulations (2), (3) and (4) within sixty days after the decisions have been made.
|
|
| 13. |
Notice of Approval of the Inter-County Project Proposal
Within thirty days after the approval of an Inter-County Project Proposal, the Director-General shall publish a notice in the Gazette and in at least two newspapers of national circulation, electronic media and in such other manner as may be expedient in the circumstances the approval of the inter-county project proposal specifying in the notice the place and time the proposal shall be available to the public for inspection.
|
| 14. |
Implementation of the approved Inter-County project proposal
| (1) |
The inter-county project proposal contemplated in section 29 (1) of the Act shall be implemented subject to the governors of the relevant counties convening to consider and adopt the inter-county project proposal at a meeting organized by the Joint Committee.
|
| (2) |
The approved inter-county project proposal shall be deposited with the respective County Director of Physical and Land Use Planning who shall submit certified copies of the inter-county proposal to the Director-General and the Commission.
|
|
PART III – COMPLIANCE
| 15. |
Monitoring
The respective County Executive Committee Member of a county participating in the implementation of an Inter-County Project shall ensure that the development permission conditions set out in the approved Inter-County Project Proposal are enforced within the respective County’s jurisdiction in line with the approved Inter-County Physical and Land Use Development Plan.
|
| 16. |
Compliance
| (1) |
Every county executive committee member in respect of a county covered by an Inter-County Project shall submit a report on the implementation of the projects to the Commission and the Cabinet Secretary at least three months before the end of a financial year.
|
| (2) |
The Cabinet Secretary on his own motion or on the basis of a status report submitted under subregulation (1) may convene a consultative meeting of the Joint Committee if it comes to the notice of the Cabinet Secretary that—
| (a) |
two or more counties have commenced an inter-county development project without an approved inter-county project proposal;
|
| (b) |
the approved inter-county development project does not comply with the conditions of its approval; or
|
| (c) |
the approved inter-county development project is incompatible with the approved National Physical and Land Use Plan.
|
|
|
PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL FOR STRATEGIC NATIONAL PROJECTS) REGULATIONS
ARRANGEMENT OF REGULATIONS
| 3. |
Object of the Regulations
|
| 4. |
Reservation of land for strategic national or intercounty projects
|
| 5. |
Plans may specify land to be acquired for strategic national projects
|
| 6. |
Preliminary conceptual application
|
| 7. |
Application for development permission
|
| 8. |
Determination of applications for development permission
|
| 11. |
Certificate of compliance
|
| 12. |
Certificate of occupancy
|
SCHEDULES
PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL FOR STRATEGIC NATIONAL PROJECTS) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Development Control for Strategic National Projects) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the content otherwise requires—
“Certificate of Compliance” is a certificate issued by the Director-General with the approval of the Cabinet Secretary confirming a development’s adherence to approved development permission conditions and approved plans;
“Certificate of Occupancy” means a certificate issued by the State Department responsible for public works confirming a building’s compliance with applicable building codes and other laws, and indicating it to be in conditions suitable for occupancy;
“Commission” means National Land Commission established under Article 67 of the Constitution;
“Court” means the Environment and Land Court established under section 4 of the Environment and Land Court Act (Cap. 8D);
“developer” means a ministry, department, agency or state corporation, county government; or private entity;
“electronic” has the meaning assigned to it under section 2 of the Kenya Information and Communications Act (Cap. 411A);
“Forum” means the National Physical and Land Use Forum established under section 6 of the Act;
“National Liaison Committee” means the National Physical and Land Use Planning Liaison Committee established under section 73 of the Act;
“strategic installation” means any installation that is—
| (a) |
classified as a strategic installation under the Act;
|
| (b) |
declared to be a strategic installation by the Cabinet Secretary under these Regulations; or
|
| (c) |
developed in a strategic national project; and
|
“strategic national project” means a project identified as a strategic national project by the national or a county government under the Act, the Intergovernmental Relations Act (Cap. 265F), and any other relevant written law.
|
| 3. |
Object of the Regulations
The object of these Regulations is to provide procedures for the processing of development applications for strategic national projects under section 69 (4).
|
| 4. |
Reservation of land for strategic national or intercounty projects
| (1) |
Where public land is required for a strategic national project, the relevant ministry, department, state corporation or county governments shall apply to the Commission for reservation of the land.
|
| (2) |
The Cabinet Secretary and County Executive Committee Member may consider reserving public land for strategic national projects before, during or after the preparation of a national physical land use development plan or county physical land use development plan.
|
| (3) |
The Commission shall register all public land reserved for a strategic national project under this regulation in accordance with the Land Registration Act (Cap. 300), and publish in the Gazette a list of the reserved land.
|
| (4) |
Public land reserved for a strategic national project shall not be used for any other purpose other than the purpose for which it was reserved.
|
| (5) |
Any person aggrieved by a decision to reserve public land for a strategic national project may lodge an appeal in writing against the reservation with the National Liaison Committee within fourteen days.
|
|
| 5. |
Plans may specify land to be acquired for strategic national projects
In addition to the matters specified in the First and Second Schedules to the Act, the National Physical and Land Use Development Plan, an Inter-County Physical and Land Use Development Plan, a County Physical and Land Use Development Plan, a Local Physical and Land Use Development Plan and a Special Area Physical and Land Use Development Plan may indicate land that may be acquired for a strategic national project.
|
| 6. |
Preliminary conceptual application
| (1) |
Where a public institution intends to undertake a strategic national project, the institution shall submit a concept paper and preliminary plans to the Cabinet Secretary for consideration and input.
|
| (2) |
The Cabinet Secretary shall within thirty days upon receipt of the application, issue an advisory or refer it to the National Physical and Land Use Planning Consultative Forum for further consultations.
|
| (3) |
The Forum may consider and adopt the concept paper within thirty days.
|
|
| 7. |
Application for development permission
| (1) |
Where an advisory has been issued under regulation 6, the applicant may submit a detailed application in electronic form to the Cabinet Secretary.
|
| (2) |
Within seven days of submission in electronic form, the applicant shall submit hard copies of the application and relevant documents to the Cabinet Secretary in Form PLUPA DC-13 as set out in the First Schedule.
|
| (3) |
The application shall be submitted in the following format—
| (a) |
each document shall be paginated;
|
| (b) |
all plans shall be Geo-referenced; and
|
| (c) |
| (i) |
have an electronic signature of the author of the plans; |
| (iii) |
not be password protected; |
| (iv) |
be capable of being reproduced in A4 paper size while retaining sufficient accuracy and detail for the purposes of these Regulations; |
| (v) |
be limited to 25 Mb per file except geo-database or shapefile and |
| (vi) |
have images with a resolution of not less than 1200 printer dots per inch. |
|
|
| (4) |
Upon receipt of the application and within fourteen days, the Cabinet Secretary shall cause the Director-General to circulate the application to the following authorities for comments—
| (a) |
the County Executive Committee Member responsible for Physical and Land Use Planning in the respective County;
|
| (b) |
the Chief Architect responsible for National Public Works;
|
| (c) |
the Chief Engineer responsible for National Public Works;
|
| (d) |
the Chairperson of the National Land Commission;
|
| (e) |
the Director-General of the National Environment Management Authority;
|
| (f) |
the Director-General of Medical Services;
|
| (g) |
the Director-General of the relevant roads’ authority established under the Kenya Roads Board Act (Cap. 408A);
|
| (h) |
the Managing Director of the Kenya Railways Corporation;
|
| (i) |
the Director-General of the Kenya Civil Aviation Authority;
|
| (j) |
the Managing Director of the Kenya Airports Authority;
|
| (k) |
the National Director of Surveys;
|
| (l) |
the National Director of Land Administration;
|
| (m) |
the chairperson of the Community Land Management Committee in the relevant county; and
|
| (n) |
any other relevant authority.
|
|
| (5) |
The authorities shall submit their comments to the Director-General within thirty days of receipt of the application in regulation 4.
|
| (6) |
The Director-General shall publish in the Gazette and in at least two newspapers of national circulation and electronic media a notice informing the public of the intention to undertake a strategic national project and comments thereon within thirty days of the date of the notice.
|
| (7) |
In consultation with the respective County Executive Committee Member, the Director-General shall convene public hearings to consider the strategic national project and receive comments within thirty days of publishing a notice in the Gazette under paragraph (6)
|
| (8) |
The Director-General shall convene a technical committee to consider the input received under paragraph (6) and submit comments which shall include persons who are—
| (a) |
knowledgeable about the strategic operational nature of Strategic National Project;
|
| (b) |
understand the economic value and importance of National Strategic National Project; and
|
| (c) |
in possession of an appropriate qualification and relevant experience in the field of expertise.
|
|
| (9) |
Upon receipt of comments from the technical committee under paragraph (8), the Director-General shall prepare a technical advisory report and submit to the Cabinet Secretary within thirty days.
|
|
| 8. |
Determination of applications for development permission
| (1) |
Upon receipt of the technical advisory report from the Director-General under regulation 7 (9), the Cabinet Secretary shall with reasons consider and—
| (b) |
defer the application; or
|
|
| (2) |
The applicant shall be notified in form PLUPA DC-17 the decision within seven days.
|
| (3) |
Within seven days of making the decision to approve or reject the application under regulation 8 (1) the Cabinet Secretary shall publish a notice of approval or rejection in the Gazette and in at least two newspapers of national circulation informing the public of the decision and specify the reasons thereof.
|
| (4) |
The Cabinet Secretary shall notify in writing the relevant institutions and agencies including the respective County Executive Committee Member of the approval or rejection.
|
|
| 9. |
Appeals
Any party aggrieved with the decision by the Cabinet Secretary for development permission under these regulations may appeal within fourteen days to National Liaison Committee in writing.
|
| 10. |
Exemptions
These Regulations shall not apply to developments specified under section 70 of the Act.
|
| 11. |
Certificate of compliance
The Director-General, with the approval of the Cabinet Secretary, shall issue a certificate of compliance in Form PLUPA/DC/18 to the developer where—
| (a) |
an approved development has been completed; and
|
| (b) |
the development has adhered to the approval conditions and the approved Physical and Land Use Development plans.
|
|
| 12. |
Certificate of occupancy
The State Department responsible for public works may, subject to issuance of certificate of compliance under regulation 11, issue a certificate of occupancy to the developer confirming that a building is suitable for occupation.
|
| 13. |
Monitoring
| (1) |
A developer that receives development permission for a strategic national project shall, at least three months before the end of the financial year, prepare and submit a status report on its implementation in line with the approved development plan to the Cabinet Secretary and the Commission.
|
| (2) |
Where development permission relates to development of a strategic national project within the jurisdiction of any County, a copy of the status report shall be deposited with the respective County Executive Committee Member by the Commission
|
|
| 14. |
Enforcement notices
| (1) |
The Cabinet Secretary shall serve a developer of a strategic national project with an enforcement notice where—
| (a) |
a developer commences development of a strategic national project after the commencement of this Act without the required development permission having been obtained; or
|
| (b) |
any condition of a development permission granted under this Act has not been complied with.
|
|
| (2) |
A copy of the enforcement notice shall be given to the relevant County Executive Committee member.
|
| (3) |
An enforcement notice shall—
| (a) |
specify the development that is alleged to have been carried out without development permission;
|
| (b) |
specify the conditions of the development permission that are alleged to have been contravened;
|
| (c) |
specify the measures the developer shall undertake, the date on which the notice shall take effect, the period within which the measures shall be complied; and
|
| (d) |
require compliance by the developer within thirty days from the date the enforcement notice takes effect.
|
|
|
| 15. |
Appeals
| (1) |
Any developer aggrieved by the issuance of an enforcement notice under these Regulations may appeal to the National Liaison Committee within fourteen days of being served with the notice.
|
| (2) |
The National Liaison committee shall hear and determine the appeal within thirty days of the appeal being filed.
|
| (3) |
Any developer aggrieved with the determination of the National Liaison Committee may appeal within thirty days to the Environment and Land Court.
|
| (4) |
Where a developer has been served with an enforcement notice and fails to comply with the notice the Director-General may, through the Cabinet Secretary refer the matter to the Forum for consideration and further direction.
|
|
| 16. |
Public participation
| (1) |
The developer undertaking the strategic national project shall consult, publish, consider national security and hold stakeholders' meetings before and during the development of the project.
|
| (2) |
Development permission shall not be granted under these Regulations without taking into consideration the comments of relevant authorities, agencies including the respective County Executive Committee Member.
|
| (3) |
The Director-General shall keep and maintain a depository of all plans and projects approved under these Regulations.
|
| (4) |
The information contained in the depository above shall be accessed in accordance with the provisions of the Access to Information Act (Cap. 7M).
|
|
FIRST SCHEDULE
FORMS
|
|
|
|
|
APPLICATION FOR DEVELOPMENT PERMISSION OF A STRATEGIC NATIONAL PROJECT
|
To the Cabinet Secretary
1. 0 Name of Applicant ...................................................................
1. 1 Contacts
| (a) |
Physical Address ...................................................................................
|
| (b) |
Telephone .........................................................................................
|
| (c) |
E-mail ..........................................................................................
|
| (d) |
Permanent Postal Address ...........................................................................
|
| (a) |
County(s) .................................................................................................
|
| (b) |
Sub County(s) .....................................................................................
|
| (c) |
Ward(s) ...........................................................................................
|
| (d) |
Road ..........................................................................................
|
| (a) |
Land Tenure (Public/Private/Community) .................................................................
|
| (b) |
Acreage (Hectares) ............................................................................................
|
4.0 Nature of the Project ..................................................................................
...................................................................................................................
5.0 (1.) Indicate type of development permission sought
....................................................................................................................
....................................................................................................................
....................................................................................................................
....................................................................................................................
| (2) |
Indicate the national sectoral policy framework the project will operate under
....................................................................................................................
....................................................................................................................
....................................................................................................................
|
| (3) |
Indicate the national sectoral legislation the project will operate under
....................................................................................................................
....................................................................................................................
(Attach a planning brief, a cadastral plan, architectural designs, civil drawings, structural drawings, Environmental Impact Assessment, Environmental and Social Impact Assessment and Strategic Environmental Assessment reports and any other relevant documents)
|
|
|
|
|
NOTIFICATION OF APPROVAL/REFUSAL/DEFERMENT OF DEVELOPMENT PERMISSION FORM
|
Section .................
Registered Number of Application........................
To: .......................................................................................................................
.............................................................................................................................
Your application number as above, submitted on
.............................................................................................................................
for permission to ...............................................................................................
on L.R. /Parcel No. ...................................................................................................
situated in ..............................................................................................................
(County/Sub County/Ward)
along/off................................... Road has been .................................................... (approved/rejected/deferred) on (date)
..................................................................................
for the following reasons/subject to the following conditions:
| (a) |
............................................................................................................................
|
| (b) |
............................................................................................................................
|
| (c) |
............................................................................................................................
|
| (d) |
............................................................................................................................
|
| (e) |
............................................................................................................................
|
Date ...................... Signed .........................................
Cabinet Secretary, Ministry of Lands and Physical Planning
Cc: Director-General, Physical and Land Use Planning
County Executive Committee Member - Responsible for Physical and Land Use Planning for respective County Government
National Land Commission
Director of Surveys
Director, Land Administration
Chief Land Registrar
|
FORM PLUPA/DC -18
|
|
r 11
|
|
|
|
|
|
THE PHYSICAL AND LAND USE PLANNING ACT (Cap. 303)
|
|
|
|
Registered Number of Application ...........................
|
|
|
|
CERTIFICATE OF COMPLIANCE
|
Certificate No. ...................................
Name and Address of Applicant ...................................................................................
......................................................................................................
Type of Development (Industrial, Commercial, etc.) .........................
On L.R./Parcel No. ................ with coordinates ........................situated in ................ Road .............................................. locality (City, Municipality, Township, etc.)
Received from ..............................................................(County Government) by Ref. No. ...................... of ................................................................
This is to certify that the application above is in compliance with:
| (a) |
Approved Development Plan No.
|
| (b) |
Approved Subdivision Plan/Advisory Plan No.
|
| (c) |
Special conditions specified in the Notification of Approval Form PLUPA ................................ dated .................. day of ............. 20................... with respect to Registered Application No. ..............
|
|
Issued by .........................................................................................................
|
|
(Name of Officer)
|
|
|
……………………….........................................
|
|
|
Sign
|
|
Director-General
For: Cabinet Secretary
Ministry’s Seal
|
PHYSICAL AND LAND USE PLANNING (LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN) REGULATIONS
ARRANGEMENT OF REGULATIONS
| 3. |
Object of the Regulations.
|
| 4. |
Application of the Regulations.
|
| 6. |
Delineation of plan area.
|
| 7. |
Preparation of a local physical and land use development plan.
|
| 8. |
Notice of intention to prepare plan.
|
| 9. |
Notice of completion of draft.
|
| 11. |
Public participation.
|
| 13. |
Approval of the plan.
|
| 14. |
County assembly approval.
|
| 15. |
Contents of the Register.
|
| 17. |
Amendment or revision of the plan.
|
| 18. |
Reports, etc. to be submitted to the Commission and the Director-General.
|
SCHEDULES
| SECOND SCHEDULE — |
STRUCTURE OF THE COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN REPORT
|
| THIRD SCHEDULE — |
SHORT-TERM PLANS
|
PHYSICAL AND LAND USE PLANNING (LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN) REGULATIONS
| 1. |
Citation.
These Regulations may be cited as the Physical and Land Use Planning (Local Physical and Land Use Development Plan) Regulations.
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| 2. |
Interpretation.
In these Regulations, unless the context otherwise requires—
"city" has the meaning as assigned to it under section 8 of the Urban Areas and Cities Act (Cap. 275);
"local physical and land use development plan" means a plan for the area or part thereof of a city, municipality, town or urban centre and includes a plan with reference to any rural area, trading or market centre; and
"register" means a register of local physical and land use development plans.
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| 3. |
Object of the Regulations.
The object of these Regulations is to provide a framework for the preparation and approval of local physical and land use development plans pursuant to sections 45, 46, 47, 4, 49, 50 and 51 of the Act.
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| 4. |
Application of the Regulations.
These Regulations shall apply to the preparation and approval of local physical and land use development plans.
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| 5. |
National security.
| (1) |
Whenever a plan touches on, relates to, borders, involves or in any way affects a safeguarding area or any aspect of national security, the County Physical and Land Use Planning Consultative Forum shall notify the National Security Council of the proposal to prepare the plan.
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| (2) |
The National Security Council shall give its comments on the proposed plan within thirty days of receiving a notification under subregulation (1).
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| (3) |
Where necessary, a plan touching on, relating to, bordering, involving or in any way affecting a national security organ shall be subjected to any conditions that may imposed on it by the National Security Council.
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| (4) |
For the purposes of these Regulations, security organs responsible for the preparation of local physical and land use development plans shall be exempt from any form of publication required under these Regulations where the plans touch on, relate to, border, involve or in any way affect the said security organs.
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| 6. |
Delineation of plan area.
| (1) |
In defining the scope and the geographic area of a plan, the County Executive Committee Member shall delineate clearly defined boundaries as shall be provided for by the Director of Survey.
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| (2) |
Each development relating to plans prepared under these Regulations shall be—
| (a) |
restricted to designated urban centres; and
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| (b) |
have clearly-defined boundaries.
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| 7. |
Preparation of a local physical and land use development plan.
| (1) |
The preparation of a plan may be initiated by a County Executive Committee Member—
| (a) |
on his or her own motion;
|
| (b) |
on the request of a member of the county assembly on behalf of person who is a resident of the county;
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| (c) |
on the recommendation of a residents’ association; or
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| (d) |
upon the request of the national government.
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| (2) |
The County Executive Committee Member may outsource the preparation of a plan and other related services to a suitably qualified physical and land use planning consultant in accordance with the relevant written laws relating to public procurement.
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| (3) |
A plan prepared through outsourcing by a physical and land use planning consultant under subregulation (2) shall be submitted to the County Director of Physical and Land Use Planning for scrutiny and who shall submit it to the County Executive Committee Member for approval.
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| 8. |
Notice of intention to prepare plan.
The County Executive Committee Member shall publish a notice of intention to prepare a plan in the Gazette, in at least two newspapers with national circulation and through electronic media in Form PLUPA L-1 as set out in the First Schedule.
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| 9. |
Notice of completion of draft.
| (1) |
Within thirty days of the preparation of a draft plan, the County Executive Committee Member shall publish a notice in the Gazette, in at least two newspapers of national circulation and through electronic media informing the public that the plan is available at the places and times designated in the notice for inspections and that any person interested may comment on the contents of the plan within sixty days.
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| (2) |
The notice published under subregulation (1) shall be in Form PLUPA L-2 as set out in the First Schedule.
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| 10. |
Circulation.
| (1) |
On completion and publication of a plan, the County Director shall circulate the plan to relevant agencies in the county and to the Director-General for comments.
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| (2) |
The relevant agencies shall submit to the County Director their comments on the plan within sixty days of the plan being circulated under subregulation (1).
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| (3) |
The Director-General shall—
| (a) |
submit comments to the County Director on the plan within sixty days of the plan being circulated under subregulation (1); and
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| (b) |
assign a plan reference number to the plan.
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| 11. |
Public participation.
| (1) |
In facilitating public participation regarding the plan, the County Executive Committee Member may use various methods including—
| (a) |
direct contact using interview guides and questionnaires;
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| (b) |
public notices in newspapers;
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| (c) |
mass media including radio, television;
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| (d) |
information communication platforms;
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| (f) |
public hearings and group discussions, town hall meetings, public fora;
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| (g) |
conferences, seminars or workshops; and
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| (h) |
placement of documents at a common place, available to the members of the public including notice boards.
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| (2) |
In dealing with comments and other representations regarding draft plans from the public, the County Executive Committee Member may—
| (a) |
incorporate the comments or representations into the plan;
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| (b) |
or dismiss the comments or representations and provide reasons therefor.
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| 12. |
Appeals.
| (1) |
A person aggrieved by a decision of the County Executive Committee Member concerning the local physical and land use development plan may, within sixty days of being notified of the decision, appeal to the County Physical and Land use Liaison Committee in writing against the decision in Form PLUPA L-3 as set out in the First Schedule.
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| (2) |
Representations made by the County Executive Committee Member in response to an appeal lodged before the County Physical and Land use Liaison Committee shall be in writing.
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| (3) |
The Liaison Committee shall consider the appeal within thirty days and may set aside, confirm or vary the decision appealed against and make such order as it deems necessary or expedient to give effect to its decision and communicate the decision to the appellant within fourteen days.
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| (4) |
In exercising its power to set aside, confirm or vary the decision appealed against, the County Physical and Land use Liaison Committee shall do so in accordance with the rules of natural justice and fair administrative action.
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| (5) |
A person dissatisfied with the decision of the County Physical and Land use Liaison Committee may lodge an appeal to the Environmental and Land Court within a period of thirty days from the date of the making of the decision by the Liaison Committee.
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| 13. |
Approval of the plan.
| (1) |
Where all applications for review have been heard and determined, the County Executive Committee Member shall submit the draft local physical and land use development plan to the County Physical and Land Use Planning Consultative Forum for comments within fourteen days, and any changes shall be incorporated into the plan.
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| (2) |
After submission of the plan by the County Executive Committee Member to the Consultative Forum for comments, the input of the Forum shall be in Form PLUPA L-4 as set out in the First Schedule.
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| 14. |
County assembly approval.
| (1) |
Pursuant to the provisions of sections 49 (3) and 41 (3) of the Act, the county assembly shall, on submission of the local physical and land use development plan by the Governor, consider the plan within thirty sitting days and thereby approve it with or without any modification.
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| (2) |
upon approval by the County Assembly, the County Director shall issue an approved plan number to the plan and enter the number in the register.
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| 15. |
Contents of the Register.
The register which shall be maintained by the County Director shall contain—
| (a) |
date of initiation of plan preparation;
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| (b) |
departmental reference number;
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| 16. |
Publication.
The notice required under section 50 of the Act regarding the approval of the local physical and land use development plan and on the inspection of the approved plan shall be in in Form PLUPA L-5 as set out in the First Schedule.
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| 17. |
Amendment or revision of the plan.
| (1) |
The amendment or revision of the plan pursuant to Section 51 of the Act may be initiated by the County Executive Committee Member—
| (a) |
on his or her own motion;
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| (b) |
on recommendation by the county or national government;
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| (c) |
by request of a person ordinarily resident in that county; or
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| (d) |
on recommendation of a residents’ association in the county.
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|
| (2) |
The County Executive Committee Member shall notify the County assembly of the proposed amendment or revision of the plan in Form PLUPA L-6 as set out in the First Schedule.
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| (3) |
Upon approval of the amendment or revision of the plan by the county assembly, the County Executive Committee Member shall publish a notice in the Gazette, in at least two newspapers of national circulation and through electronic media the proposed amendments in form PLUPA L-2 as set out in the First Schedule inviting any interested party to make comments thereon.
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| (4) |
The provisions of regulations 11, 12 and 13 with the necessary modifications, shall apply to the amendment or revision of a Plan regarding the receiving of and decisions on public comments thereon.
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| (5) |
The County Executive Committee Member shall submit the amended Plan to the Governor, who shall place it before the County Assembly for approval.
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| (6) |
On the approval of the amended Plan by the County Assembly, the County Executive Committee Member shall publish the approval of the amended Plan in Form PLUPA L-7 as set out in the First Schedule, inviting comments and representations from the public.
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| (7) |
The provisions of regulation 17 shall apply to an amended local physical and land use development plan
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| (8) |
The amended local physical and land use development plan shall be published in Form PLUPA L-8 as set out in the First Schedule.
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| 18. |
Reports, etc. to be submitted to the Commission and the Director-General.
All reports, notices, plans prepared under these Regulations shall be submitted to the National Land Commission and the Director-General within fourteen days after publication.
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FIRST SCHEDULE
FORMS
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FORM PLUPA L-1
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(r. 9)
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REPUBLIC OF KENYA
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THE PHYSICAL AND LAND USE PLANNING ACT
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(Cap. 303)
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NOTICE OF INTENTION TO PREPARE A LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN
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Title of Development Plan .................................................................................
Pursuant to the provisions of section (47) of the Physical and Land Use Planning Act (Cap. 303), NOTICE is hereby given that the County Government of .......................... intends to commence preparation of the above Plan on the .........day of ........................... 20 ……………
The purpose of the Plan is: ..........................................................................
The objectives of the Plan are .......................................................................
Comments on the proposed plan may be directed to
............................................................................................................ 1*
not later than ................................ 2*
Dated this ………………………….…. day of ……............................………20…………
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County Executive Committee Member
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____________________________Notes—
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1*
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provide details of the receiving entity.
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2*
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provide a twenty one day window.
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_________________________
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FORM PLUPA L-2
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(r. 10)
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REPUBLIC OF KENYA
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THE PHYSICAL AND LAND USE PLANNING ACT
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(Cap. 303)
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NOTICE OF COMPLETION OF LOCAL PHYSICAL AND LAND USEDEVELOPMENT PLAN
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Title of Development Plan ............................................................................
Pursuant to the provisions of section 49(1) of the Physical and Land Use Planning Act (Cap. 303), NOTICE is hereby given that the preparation of the above Plan was on the………………. day of ..............................20...............................completed.
A copy of the plan as prepared has been deposited for public inspection free of charge at
......................................................................................................................1*
Any interested person who wishes to make any representation in connection with or objection to the above plan may within sixty days send the same to………………………………………..2* and such representations or comments shall state the grounds upon which they are made.
Dated this ………………………….…. day of ……............................………20…………
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County Executive Committee Member
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____________________________Notes—
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1*
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provide details of the place where the plans are availed to the public and if electronic, give name and link to website.
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2*
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provide details of the place where the plans are availed to the public and if electronic, give name and link to website.
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_________________________
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FORM PLUPA L-3
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(r. 13(1))
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REPUBLIC OF KENYA
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THE PHYSICAL AND LAND USE PLANNING ACT
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(Cap. 303)
|
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APPEAL AGAINST DECISION REGARDING LOCAL PHYSICAL AND LAND USEDEVELOPMENT PLAN
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(To be filled in triplicate)
Title of Development Plan ..........................................................................
To: The Secretary, County Physical and Land Use Planning Liaison Committee
................................................................................................ County
I/We1*, ................................. of P.O. Box ........................... appeal against the decision made by ………………………………… County Executive Committee Member regarding the above Plan.
My/our grounds for appeal are as follows:
| (a) |
....................................................................................................................
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| (b) |
....................................................................................................................
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| (c) |
................................................................................................................. 2*
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The reliefs which I/We seek are:
| (a) |
....................................................................................................................
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| (b) |
....................................................................................................................
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| (c) |
.................................................................................................................... 3*
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Dated this ………………………….…. day of ……............................… 20 …………
Signature of Applicant …………......……………………………
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____________________________Notes—
|
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1*
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Delete as necessary.
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2*
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Please attach additional written text if space is insufficient.
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3*
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Please attach additional written text if space is insufficient.
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_________________________
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FORM PLUPA L-4
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(r. 14(2))
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THE PHYSICAL AND LAND USE PLANNING ACT
|
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(Cap. 303)
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NOTICE OF REVIEW OF LOCAL PHYSICAL AND LAND USE DEVELOPMENTPLAN BY COUNTY PHYSICAL AND LAND USE CONSULTATIVE FORUM
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Title of Development Plan .................................................. Pursuant to the provisions of section 49(3) of the Physical and Land Use Planning Act (Cap. 303), the County Physical and Land Use Planning Consultative Forum of ……………………………… County of Post Office Box No. ………………………………………… in the Republic of Kenya has reviewed the above Plan on this ...........................day of ..................20 ……… and approves/ does not approve with the following comments1*:
| (1) |
........................................................................................................
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| (2) |
.......................................................................................................
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Dated the ........................................................., 20 .......................
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|
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Chairperson
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Secretary
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___________________Notes—
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1*
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strike through where necessary.
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_________________________
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THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
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NOTICE OF APPROVAL OF LOCAL PHYSICAL AND LAND USEDEVELOPMENT PLAN
|
Title of Development Plan..................................................................................
Approved Development Plan No. .......................................................................
Pursuant to the provisions of section 50 of the Physical and Land Use Planning Act (Cap. 303), NOTICE is hereby given that on the ....... day of ……………….20 ……… the County Assembly of …………………………………… County approved the above Plan.
A certified copy of the plan as approved has been deposited at ………………………………………………1*
Dated this ………………… day of…………………………………..20 ………...
Signed ..................................................................
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County Executive Committee Member
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___________________Notes—
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1*
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Provide physical address and if electronic, name of website and link.
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FORM PLUPA L-6
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(r. 18(2))
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THE PHYSICAL AND LAND USE PLANNING ACT
|
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(Cap. 303)
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NOTIFICATION OF AMENDMENT/REVISION OF LOCAL PHYSICAL AND LANDUSE DEVELOPMENT PLAN
|
Title of Development Plan ..................................................................................
Approved Development Plan No. ..................................................................
To: ............................................................
The Clerk County Assembly of ....................................
I/We1*, ……………………………………………. of P.O. Box ………………………… propose modification to the Plan referenced above.
My/our reasons for the proposed amendments are as follows:
| (a) |
........................................................................................................
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| (b) |
........................................................................................................
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| (c) |
.....................................................................................................2*
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| (a) |
I/We have complied with the relevant provisions of the County Governments Act (Cap. 265);
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| (b) |
The proposed amendments are in conformity with the National, relevant Inter-County and County Physical and Land Use Development Plans.
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Dated this ………………………….…. day of …...................…………….20 …………
Signature …………...................................…………………………………………………
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County Executive Committee Member
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____________________________Notes—
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1*
|
Delete as necessary.
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2*
|
Please attach additional written text if space is insufficient.
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FORM PLUPA L-7
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|
(r. 18(6))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
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(Cap. 303)
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NOTICE OF APPROVAL OF AMENDMENT/REVISION OF A LOCAL PHYSICALAND LAND USE DEVELOPMENT PLAN BY THE COUNTY ASSEMBLY
|
Title of Development Plan ......................................................................
Approved Development Plan No. ..........................................................
Pursuant to the provisions of section 50 of the Physical and Land Use Planning Act (Cap. 303), NOTICE is hereby given that the County Assembly of ….............1* has on the ............. day of .......................20 …... approved modification to the above Plan.
Dated this ………….…. day of ……........................…………….20 …………
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____________________________Notes—
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1*
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state name and address of entity that has approved modification.
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________________________
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FORM PLUPA L-8
|
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(r. 18(6))
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REPUBLIC OF KENYA
|
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THE PHYSICAL AND LAND USE PLANNING ACT
|
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(Cap. 303)
|
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NOTICE OF MODIFICATION/ AMENDMENT OF A LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
Title of Development Plan ..........................................
Approved Development Plan No ......................................
Pursuant to the provisions of section 50 of the Physical and Land Use Planning Act (Cap. 303), NOTICE is hereby given that on the................. day of .....................20………… the above plan has been amended.
The plan shall be available at.............................................2* for inspection free of charge.
Dated this ………………….…. day of ……............................…………….20 …………
|
County Executive Committee Member
|
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____________________________Notes—
|
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1*
|
strike through where necessary.
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2*
|
state physical address and opening hours. If online, state website and give link.
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SECOND SCHEDULE
STRUCTURE OF THE COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN REPORT
PART I
The outline structure of the County Physical and Land Use Development Plan Report
Part I
| 3. |
Constitutional, legal and policy planning context
Part II
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| 5. |
Population and demography
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| 12. |
Recreation, Conservation, preservation and open spaces
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| 13. |
Public infrastructure and utilities
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| 16. |
Synthesis and emerging issues
Part IV
|
| 19. |
Implementation schedule-Timelines, Resource and Institutional requirements
Reference
Appendix
Annex
|
| 1. |
Notwithstanding the provisions of First Schedule Part IV (9), the actual scale to be used in the map shall depend on the level of detail and circumstances.
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| 2. |
The Maps prepared shall adopt a scale of a multiple of 500.
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| 3. |
Maps prepared shall be authenticated and approved by the authority responsible for Survey.
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| 4. |
Base Map" means a geo-referenced and geometrically accurate graphical representation of land which includes topographical maps, administrative boundary maps, sea charts, aeronautical charts and other thematic and special purpose maps obtained from the relevant authorities.
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| 5. |
All the maps and plan reports shall adopt standard paper size series A4-A0.
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| 6. |
Fine details on the plan report shall be contained in an appropriate professional handbook and practicing notes.
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THIRD SCHEDULE
SHORT-TERM PLANS
Short-term plans are of the following types—
| (a) |
Neighborhood Plans-Prepared for comprehensive planning of areas selected for intensive development, which is to commence within a specified period.
|
| (b) |
Sectoral Plans- Prepared for detailed treatment of a particular planning aspect, for example, housing, transportation (Roads, railway, airports and water ways), communication infrastructure including Fiber optic, water supply, sewerage, solid waste disposal, pipelines (Oil/Gas) conservation and preservation areas including wildlife migratory corridors and dispersal areas etc., The Plans should be prepared to guide the implementing agencies.
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| (c) |
Property Site Master Plan, indicating permitted use, density, access, plot coverage, plot ratio and building heights. This shall include 3D models.
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| (d) |
Part Development Plans/advisory plans, indicating precise sites for immediate implementation of specific projects including land alienation for public use. The Plan will be prepared by the planning authority in consultation with National Land Commission as per the provisions of the Land Act (Cap. 280).
|
The form and content of short-term plans differ with plan types and in most cases will reflect details and proposals of a long-term plan, where it exists. However, the most important considerations in their preparation shall be—
| (i) |
An assessment of immediate land requirement to accommodate specific population needs as they arise for a period of 3 to 5 years; |
| (ii) |
Detailed allocation of the land requirements to various land uses taking into account compatibility of adjoining land uses and conforming with a long-term plan proposal for the area; and |
| (iii) |
Identification of authorities to service and/or develop the various land use allocations. |
Except for part development plans, other short-term plans may be prepared by commissioned registered physical planners. In order to ensure that plans prepared by registered physical planners conform to long-term plans prepared by the Planning Authority, all such plans must have a seal of approval of the Planning Authority before their implementation.
PHYSICAL AND LAND USE PLANNING (NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
| 3. |
Object of the Regulations
|
PART II – NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN
| 5. |
Concept paper on the Plan
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| 6. |
Notice of Intention Prepare Plan
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| 8. |
Notice of Completion of Draft Plan
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| 9. |
Notice of publication of the revised plan
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| 10. |
Final consultation with the Consultative Forum
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| 11. |
Parliamentary approval
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| 12. |
Publication of approval
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| 14. |
Structure and technical specifications
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PART III – STRATEGIC NATIONAL INSTALLATION PROJECTS
| 15. |
Notice of preparation of strategic national installation and projects
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| 16. |
Stakeholder involvement
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| 17. |
Notice of completion of the draft plan
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| 18. |
Circulation of the draft plan
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| 19. |
Notice of completion of the draft plan
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| 22. |
Approval of the strategic national installation and project plan
|
SCHEDULES
| SECOND SCHEDULE — |
THE STRUCTURE OF THE NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN REPORT
|
PHYSICAL AND LAND USE PLANNING (NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN) REGULATIONS
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (National Physical and Land Use Development Plan) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the context otherwise requires—
"electronic" has the meaning assigned to it under section 2 of the Kenya Information and Communications Act (Cap. 411A);
"Consultative Forum" means the National Physical and Land Use Planning Consultative Forum established under section 6 of the Act; and
"Plan" means the National Physical and Land Use Development Plan.
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| 3. |
Object of the Regulations
The object of these Regulations is to provide a framework for preparation, content, approval, implementation and forms thereof of the National Physical and Land Use Development Plan pursuant to sections 21, 22, 23, 23, 25, 26, 27 and 28 of the Act.
|
PART II – NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN
| 4. |
Planning area
In defining the scope and the geographic area of the Plan, the Director-General of Physical and Land Use Planning shall delineate the planning area through the services of the Director of Survey.
|
| 5. |
Concept paper on the Plan
| (1) |
The Director-General of Physical and Land Use Planning shall forward the concept paper on the Plan to the Consultative Forum pursuant to section 23 (1)(d) of the Act for the purpose of obtaining the input of the Consultative Forum within a period of thirty days from the date of receipt of the concept paper on the plan.
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| (2) |
The Director-General shall upon receiving input on the concept paper on the plan from the Consultative Forum notify the Cabinet Secretary of the input in writing.
|
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| 6. |
Notice of Intention Prepare Plan
The Cabinet Secretary shall upon receipt of the concept paper on the plan under regulation 6 (2) publish in the Gazette and in at least two newspapers of national circulation and through electronic media a notice of intention to plan in form PLUPA 1 as set out in the First Schedule.
|
| 7. |
National security
| (1) |
Where the Plan touches on, relates to, borders, involves or in any way affects safeguarding areas or national security, the Consultative Forum shall submit the Draft Plan to the National Security Council for comments.
|
| (2) |
The National Security Council shall give its comments on the Draft Plan submitted under subregulation (1) within a period of fourteen days from the date of receipt.
|
|
| 8. |
Notice of Completion of Draft Plan
| (1) |
The Cabinet Secretary shall pursuant to section 25 (1) of the Act, by notice in the Gazette and in at least two newspapers of national circulation and through electronic media notify the public that the Draft Plan is available for inspection and submission of comments in Form PLUPA 2 as set out in the First Schedule.
|
| (2) |
The notice under subregulation (1) shall specify the manner by which comments on the Draft Plan may be sent to the Cabinet Secretary.
|
|
| 9. |
Notice of publication of the revised plan
The Cabinet Secretary shall publish a notice in the Gazette and in at least two newspapers of national circulation and through electronic media pursuant to section 25 (3) of the Act in Form PLUPA 3 as set out in the First Schedule.
|
| 10. |
Final consultation with the Consultative Forum
| (1) |
The Cabinet Secretary shall pursuant to section 26 (1) of the Act submit the Draft Plan to the Consultative Forum for its final comments within thirty days after the period for considering and incorporating comments in the Plan has elapsed.
|
| (2) |
The Consultative Forum shall consider and submit its final comments on the draft Plan to the Cabinet Secretary in form PLUPA-4 as set out in the First Schedule.
|
|
| 11. |
Parliamentary approval
Upon obtaining Cabinet approval, the Cabinet Secretary shall submit the Draft Plan to the National Assembly for approval.
|
| 12. |
Publication of approval
The Cabinet Secretary shall pursuant to section 26 (5) of the Act publish the duly approved plan by the National Assembly in form PLUPA5 in a notice in the Gazette and in at least two newspapers of national circulation and through electronic media, within fourteen days from the date of approval.
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| 13. |
Status report
The Status Report prepared in accordance with section 28 of the Act shall include—
| (a) |
the extent of the implementation of the plan;
|
| (b) |
challenges in implementation or application;
|
| (c) |
estimated timelines for completion;
|
| (d) |
annexes (including photos, maps, matrices and graphs); and
|
| (e) |
any other relevant matter.
|
|
| 14. |
Structure and technical specifications
Further to the provisions of section 24 (1) and the First Schedule to the Act, the structure of the final Plan report and the technical specifications on maps shall be as set out in the Second schedule.
|
PART III – STRATEGIC NATIONAL INSTALLATION PROJECTS
| 15. |
Notice of preparation of strategic national installation and projects
| (1) |
The Director-General shall, before preparing a strategic national installation and project plan pursuant to section 13 (g) of the Act, publish a notice of intention to plan in Form PLUPA 6 of the First Schedule.
|
| (2) |
Notwithstanding any form of publication for the intention to prepare a strategic national installation and project plan, sensitization may be conducted for members of the public to create awareness.
|
|
| 16. |
Stakeholder involvement
| (1) |
Before completion of the preparation of the strategic national installation and project plan, the Director-General shall hold stakeholders meeting for the purposes of—
| (a) |
sensitization and developing consensus;
|
| (d) |
clarifying objectives of the plan.
|
|
| (2) |
To ensure effective participation by stakeholders, the Director-General shall identify key stakeholders and their interests and assess potential impact of the plan on the stakeholders.
|
|
| 17. |
Notice of completion of the draft plan
| (1) |
Within thirty days of the completion of draft strategic national installation and project plan, the Director-General shall publish a notice in the Gazette and in at least two newspapers of national circulation informing the public that the plan is available at the place and time specified in the notice for inspection and that any interested person may, within fourteen days, comment on the content of the plan.
|
| (2) |
The notice in subregulation (1) shall be in Form PLUPA 7 as set out in the First Schedule.
|
| (3) |
Within twenty-one days of the expiry of the period for making comments under subregulation (1), the Director-General shall consider the comments made and may incorporate them.
|
|
| 18. |
Circulation of the draft plan
| (1) |
Within fourteen days of incorporating the comments under regulation 18 (3), the Director-General shall circulate the draft strategic national installation and project plan to ministries, departments, public agencies and statutory bodies for comments.
|
| (2) |
Comments made on the circulated draft strategic national installation and project plan under subregulation (1) shall be submitted to the Director-General in written or electronic form within sixty days of circulation.
|
| (3) |
Within twenty-one days of the expiry of the period for comments received under subregulation (2), the Director-General shall consider the comments made and where necessary incorporate them in the plan.
|
|
| 19. |
Notice of completion of the draft plan
Within seven days of making a decision under regulation 19 (3), the Director-General shall publish a notice in the Gazette and in at least two newspapers of national circulation informing the public that a decision on the comments received has been considered and that the reviewed draft strategic national installation and project plan is available for perusal at the place and time specified in the notice.
|
| 20. |
Approval of the plan
Within fourteen days of the notice under regulation 20, the Director-General shall submit the draft strategic national installation and project plan to the Cabinet Secretary for approval as provided under section 69 (4) of the Act.
|
| 21. |
Appeals
| (1) |
Any person dissatisfied with the decision of the Director-General may appeal to the National Physical and Land Use Planning Liaison Committee within fourteen days and the committee shall consider the application and make its determination within sixty days of the receipt of the application.
|
| (2) |
The appeal under subregulation (1) shall be made in Form PLUPA LC-1A as set out in the First Schedule, setting out the grounds and the reliefs sought.
|
| (3) |
The National Physical and Land Use Planning Liaison Committee shall consider the appeal and communicate its decision to the dissatisfied party in Form PLUPA LC-4(a).
|
| (4) |
Any person dissatisfied with the decision of the National Physical and Land Use Planning Liaison Committee may, within fourteen days of the decision, appeal to the Environment and Land Court.
|
|
| 22. |
Approval of the strategic national installation and project plan
The Director-General shall issue a certificate in Form PLUPA 8 as set out in the First Schedule, confirming that the Cabinet Secretary has approved the Plan.
|
| 23. |
Forms
The forms contained in the First Schedule shall be used for purposes specified in these Regulations and may be used in paper and electronic format for the purposes of these Regulations.
|
FIRST SCHEDULE
FORMS
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NOTICE OF INTENTION TO PREPARE A NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
Title of Development Plan ...................................................
Pursuant to the provisions of section 23(2) of the Physical and Land Use Planning Act, 2019, NOTICE is hereby given that the Cabinet Secretary ........................... 1* intends to commence the preparation of the above Plan on the ............... day of ................. 20 ..........
The purpose of the Plan is: ............................................
The objectives of the Plan are: ......................................
The information to be set out in the Plan shall include .........................
Comments on the proposed plan may be directed to ............................ 2* not later than ..................... 3*
Dated the ............. day of ...................... 20 ............
|
___________________Notes—
|
|
1*
|
Insert name of relevant Ministry.
|
|
2*
|
provide details of the receiving entity.
|
|
3*
|
provide a fourteen-day window.
|
|
FORM PLUPA 2
|
|
(r. 10)
|
|
REPUBLIC OF KENYA
|
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NOTICE OF COMPLETION OF NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
Title of Plan ............................................................
Pursuant to the provisions of section 25(1) of the Physical and Land Use Planning Act, 2019, NOTICE is hereby given that preparation of the above draft Plan was on ............... day of ..................... 20 .......... completed
A copy of the Plan prepared is available for inspection by the public at 1* ....................... from 2* ......................................
Any interested person who wishes to make any comments in connection with or the above draft Plan may send such comments in writing to the office the Cabinet Secretary not later than 3* ..................................... Day of .......................... 20 ................. and any such comments shall state the ground on which it is made.
|
___________________Notes—
|
|
1*
|
provide details of the place where the plans are availed to the public and if electronic, give name and link to website.
|
|
2*
|
for physical locations, specify time when the plan is available for inspection.
|
|
3*
|
specify date of deadline.
|
___________________________
|
FORM PLUPA 3
|
|
(r. 12)
|
|
REPUBLIC OF KENYA
|
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NOTICE OF PUBLICATION OF THE REVISED NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
Title of Development Plan .......................................................
Pursuant to the provisions of section 25(3) of the Physical and Land Use Planning Act, 2019, NOTICE is hereby given to the general public that a decision has been made by the Cabinet Secretary ................................. 1* on the comments received in respect to the above draft Plan and the same is available for perusal at ..................................... 2* from ...........................................3*.
Dated the .........................., 20 ............................
|
___________________Notes—
|
|
1*
|
Insert name of relevant Ministry.
|
|
2*
|
provide details of the place where the plans are availed to the public and if electronic, give name and link to website.
|
|
3*
|
for physical locations, specify time when the plan is available for inspection.
|
___________________________
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NATIONAL PHYSICAL AND LAND USE PLANNING CONSULTATIVE FORUM FINAL COMMENTS ON THE DRAFT NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
Title of Development Plan .......................................................
Pursuant to the provisions of section 25(3) of the Physical and Land Use Planning Act, 2019, the National Physical and Land Use Planning Consultative Forum considered the above Plan and under Minute ........................... in a meeting held on the ................. day of .............................. 20 ................, recommend for final approval subject to the following conditions:
| (1) |
..............................................................................
|
| (2) |
..............................................................................
|
| (3) |
..............................................................................
Dated the ........... day of .......................... 20 ............
|
|
|
|
|
........................................................(Name)Chairperson
|
|
............................................(Name)Secretary
|
|
___________________________
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN NOTICE OF APPROVAL
|
Title of Development Plan .......................................................
Approved Development Plan No. ...................................................
Pursuant to the provisions of section 26(5) of the Physical and Land Use Planning Act, 2019. NOTICE is hereby given that on the ............. day of
..................... 20 .............. The above Plan was approved in accordance with the provisions of Physical and Land Use Planning Act, 2019.
A certified copy of the Plan as approved is available to the public at 1* ..................................
Copies of the Plan can be accessed through the Ministry’s website ..........................
Dated this ............... day of .................... 20 ................
|
___________________Notes—
|
|
1*
|
Provide physical location where the plan is available for access by the public.
|
___________________________
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NOTICE OF INTENTION TO PREPARE A STRATEGIC NATIONAL INSTALLATION AND PROJECT PLAN
|
Title of Development Plan .................................................
Pursuant to the provisions of section 13(g) of the Physical and Land Use Planning Act, 2019, NOTICE is hereby given that the Director-General of Physical and Land Use
Planning intends to prepare the above Plan with effect from the ........... day of ........................20 .............
The purpose of the Plan is: .............................................
The objective of the Plan is:
..........................................................................................
..........................................................................................
Comments on the proposed plan may be directed to ..................... 2* not later than ....................... 3*
Dated the ............. day of ................... 20 ............
|
|
|
Director-General of Physical and Land Use Planning
|
|
___________________Notes—
|
|
1*
|
Insert name of relevant Ministry.
|
|
2*
|
provide details of the receiving entity.
|
|
3*
|
provide a fourteen-day window.
|
___________________________
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NOTICE OF COMPLETION OF A STRATEGIC NATIONAL INSTALLATION AND PROJECT PLAN
|
Title of Development Plan .................................................
Pursuant to the provisions of section 13(g) of the Physical and Land Use Planning Act, 2019, NOTICE is hereby given that the preparation of the above Plan was on the .................day of ......................20 ............ completed.
The Plan relates to land situated within .............................................
A copy of the plan as prepared has been deposited for public inspection free of charge at ............................................................ 1*
Any interested person who wishes to make any representation in connection with or objection to the above plan may send the same to ........................ 2* and such representations or comments the grounds upon which they are made not later than the ........................... day of ................. 20 ..............3*
Dated this ............. day of ....................... 20 ..............
|
|
Director-General of Physical and Land Use Planning
|
|
|
|
|
|
___________________Notes—
|
|
1*
|
provide details of the Joint Director-General’s address and if electronic, give name and link to website.
|
|
2*
|
provide details of the Joint Director-General’s address and if electronic, give name and link to website.
|
|
3*
|
provide a 14-day window.
|
___________________________
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
CERTIFICATE OF APPROVAL OF A STRATEGIC NATIONAL INSTALLATION AND PROJECT PLAN
|
Title of Development Plan .................................................
Pursuant to the provisions of section 69(4) of the Physical and Land Use Planning Act, 2019, this is to CERTIFY that the Cabinet Secretary responsible for matters related to physical and land use planning have issued the approval in respect of the Plan enclosed herewith known as ....................................2*
Dated the ............. day of ..................... 20 ..............
Issued By .............................3*
Department Seal4*
|
___________________Notes—
|
|
1*
|
*Insert title of Plan
|
|
2*
|
Name of the Cabinet Secretary
|
|
3*
|
Seal of the Cabinet Secretary.
|
SECOND SCHEDULE
THE STRUCTURE OF THE NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN REPORT
| 3. |
Constitutional, legal and policy planning context
PART II
|
| 4. |
Geographic coverage, physiography and climate
|
| 5. |
Population and demography
|
| 12. |
Recreation, Conservation, preservation and open spaces
|
| 13. |
Public infrastructure and utilities
|
| 16. |
Synthesis and emerging issues
PART IV
|
| 19. |
Implementation schedule-Timelines, Resource and Institutional requirements
Reference
Appendix
Annex
|
PHYSICAL AND LAND USE PLANNING (PLANNING FEES) REGULATIONS
ARRANGEMENT OF REGULATIONS
| 3. |
Object of the Regulations
|
| 4. |
Determination of planning fees
|
| 5. |
Planning fees of the National Government
|
| 6. |
Planning fees of County Governments
|
| 7. |
Waivers and variations
|
SCHEDULES
| SCHEDULE [r. 5(2)] — |
PLANNING FEES FOR PLANNING SERVICES OFFERED BY THE NATIONAL GOVERNMENT
|
PHYSICAL AND LAND USE PLANNING (PLANNING FEES) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Planning Fees) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the content otherwise requires—
"advisory plan" means a plan indicating the permitted subdivision, use and density of development;
"easement" has the meaning assigned to it in the Land Act (Cap. 280);
"ordinary scheme" means development that—
| (a) |
does not exert demands on the existing infrastructure;
|
| (b) |
does not comprise of more than ten units; and
|
“part development plan” means a plan for the immediate implementation of a specific process including land alienation purposes;
“planning fees” means an amount payable for planning services;
“Planning Services” means services offered by a planning authority; and
“use” means any use of land for which development permission has been obtained.
|
| 3. |
Object of the Regulations
The object of these Regulations is to provide for guidelines determining planning fees for services and processes under the Act.
|
| 4. |
Determination of planning fees
| (1) |
In determining planning fees chargeable for planning services, the planning authority shall be guided by the—
| (a) |
principles of public finance set out in Article 201 of the Constitution;
|
| (b) |
Articles 209 and 210 of the Constitution;
|
| (c) |
Chapter Four of the Constitution; and
|
| (d) |
the Access to Information Act (Cap. 7M).
|
|
| (2) |
Planning fees shall be charged based on—
| (a) |
the type of planning service being rendered;
|
| (b) |
the actual cost of providing the planning service;
|
| (c) |
a subsidized provision of public goods and services;
|
| (d) |
the location, use and size of development;
|
| (e) |
the planning and land use zoning frameworks;
|
| (g) |
the cost of the version, mode and making of copies of documents;
|
| (h) |
the cost of the sessions and pages of minutes of the session;
|
| (i) |
the cost of the certification of documents;
|
| (j) |
the type of installation, where the development is a communication mast;
|
| (k) |
whether the development or works are new, modifications or renovations;
|
| (l) |
in the case of enforcement, time for undertaking works, the technology required, risk factors, manpower, cost of transportation of materials from the site and unit cost for restoration per square meter; and
|
| (m) |
any other parameter that may be necessary in the circumstances.
|
|
|
| 5. |
Planning fees of the National Government
| (1) |
The national planning authority may impose planning fees for—
| (a) |
copies of national physical and land use plans and policies required by any person;
|
| (b) |
making applications for the preparation of the development plans for strategic national projects;
|
| (c) |
the sale of shape files for planning data;
|
| (d) |
copies of inter-county physical and land use plans and policies required by any person;
|
| (e) |
the scrutiny and sale of copies of the proceedings of the National Physical and Land Use Planning Consultative Forum;
|
| (f) |
the scrutiny and sale of copies of the proceedings of an InterCounty Joint Physical and Land Use Planning Committee;
|
| (g) |
the filing of making applications for appeal to the National Physical and Land Use Liaison Committee;
|
| (h) |
the scrutiny and sale of copies of minutes of the proceedings of the National Physical and Land Use Liaison Committee;
|
| (i) |
the vetting of applications for change of user or extension of user;
|
| (k) |
the issuance of certificates of compliance; and
|
| (l) |
any other planning service offered in the performance of national government planning functions that Cabinet Secretary may designate by notice in the Gazette.
|
|
| (2) |
A planning authority performing national government planning functions may impose the relevant planning fees set out in table 1 of the Schedule.
|
|
| 6. |
Planning fees of County Governments
| (1) |
A planning authority performing county government planning functions shall charge planning fees for—
| (a) |
the sale of inter-county physical and land use plan and policies;
|
| (b) |
the sale of shape files for planning data;
|
| (c) |
the sale of copies of county physical and land use plans and policies;
|
| (d) |
the scrutiny and sale of proceedings of an Inter-County Joint Physical and Land Use Planning Committee;
|
| (e) |
the scrutiny and sale of proceedings of a County Physical and Land Use Planning Consultative Forum;
|
| (f) |
filing and making application for appeal to the County Physical and Land Use Liaison Committee;
|
| (g) |
the scrutiny and sale of the minutes of the proceedings of the County Physical and Land Use Liaison Committee;
|
| (i) |
the vetting and approval of development applications;
|
| (j) |
the issuance of certificates of compliance;
|
| (k) |
the costs of enforcement; and
|
| (l) |
any other planning service offered in the performance of a county government planning functions, that the relevant County Executive Committee Member, in consultation with the respective County Director of Physical and Land Use planning, may deem necessary.
|
|
| (2) |
A county planning authority may impose the relevant planning fees set out in table 2 of the Schedule.
|
|
| 7. |
Waivers and variations
| (1) |
Subject to paragraph (2), a waiver or variation of planning fees shall be granted in accordance with the Public Finance Management Act (Cap. 412A) and section 63.
|
| (2) |
The following may be exempted from payment of fees under these Regulations—
| (a) |
the surrender of land for public use;
|
| (b) |
the improvement of infrastructure for public use;
|
| (c) |
works by or on behalf of national security organs; or
|
| (d) |
where a land owner voluntarily permits imposition of easements on the land owner’s land under any written law.
|
|
|
SCHEDULE [r. 5(2)]
PLANNING FEES FOR PLANNING SERVICES OFFERED BY THE NATIONAL GOVERNMENT
|
S/No.
|
Item Description
|
Unit of Measure/charge
|
Paper copy
|
Electronic copy
|
Certification of Copies
|
|
|
Sale of Copies of National Physical and Land Use Plans and Policies
|
|
|
|
|
|
|
|
|
1.
|
National Physical and Land Use Plan (Full version)
|
Per copy
|
2500
|
No charge
|
500 per copy
|
|
2.
|
National Physical and Land Use Plan (Popular version)
|
Per copy
|
No charge
|
No charge
|
500 per copy
|
|
3.
|
National Land Use Policy (Full version)
|
Per copy
|
1000
|
No charge
|
500 per copy
|
|
4.
|
National Land Use Policy (popular version)
|
Per copy
|
No charge
|
No charge
|
500 per copy
|
|
5.
|
Inter County Physical and Land use plans
|
Per copy
|
1000
|
No charge
|
500 per copy
|
|
6.
|
Inter County Physical and Land use plans (popular version)
|
Per copy
|
No charge
|
No charge
|
500 per copy
|
|
7.
|
Sale of shape files
|
Per theme
|
-
|
500 per layer
|
Not applicable
|
|
8.
|
Sale of prints of graphical plans per copy
|
Size
|
Colour
|
Black & White
|
Blue Print
|
|
9.
|
Certification of downloaded prints of plans
|
Per copy
|
500
|
Not applicable
|
-
|
|
10.
|
Proceedings of National Physical and Land Use Consultative Forum
|
Per copy
|
50 per page
|
No charge
|
500
|
|
11.
|
Proceedings of Inter-County Joint Physical and Land Use PlanningCommittee
|
Per copy
|
50 per page
|
No charge
|
500
|
|
S/No.
|
Item Description
|
Unit of Measure
|
Charges (KSh.)
|
|
|
Processing of Development Applications
|
|
12.
|
Application for DevelopmentPermission for National Strategic projects
|
Per application
|
5000
|
|
13.
|
Site inspection fee
|
Per visit within the locality
|
Cities-3,000 Municipalities-1,000Towns, markets and other areas- 500Special Economic Zone- 5000Territorial Sea and ExclusiveEconomic Zone- 10,000
|
|
14.
|
Certificate of compliance
|
Per copy
|
Cities-2,000Municipalities-1,000Towns, markets and other areas-500Special Economic Zone- 3000Territorial Sea and ExclusiveEconomic Zone- 5,000
|
|
15.
|
Vetting of applications for change of user or extension of user
|
Per application
|
3,000
|
|
16.
|
Vetting of sub-division
|
Per plot
|
500
|
|
|
Appeal fees and Checking fees for National Physical and Land Use Planning Liaison Committee
|
|
17.
|
Appeal to National Physical and Land Use Planning LiaisonCommittee
|
Per application
|
2000
|
|
18.
|
Amendment of appeal to National Physical and Land Use PlanningLiaison Committee
|
Per application
|
1000
|
|
19.
|
Obtaining extracts of Register of appeals to the National Physicaland Land Use Planning Liaison Committee
|
Per copy
|
1,000
|
|
20.
|
Obtaining copies of minutes of the National Physical and Land Use Planning Liaison Committee
|
Per page
|
50
|
|
21.
|
Certification of copies of minutes of National Physical and Land UsePlanning Liaison Committee
|
Per set of minutes
|
500
|
|
S/No.
|
Item Description
|
//Unit ofMeasure/Charge//
|
Paper Copy
|
Electronic Copy
|
//Certificationof Copies//
|
|
|
Sale of Copies of Physical and Land use plans/Policy
|
|
1.
|
Inter-County Physical and Land use plans (Full version)
|
Per copy
|
1000
|
No charge
|
500
|
|
2.
|
Inter-County Physical and Land use plans (popular version)
|
Per copy
|
No charge
|
No charge
|
500
|
|
3.
|
County Physical and Land use plans (full version)
|
Per copy
|
2000
|
No charge
|
500
|
|
4.
|
Sale of shape file
|
Per theme
|
-
|
500 per layer
|
Notapplicable
|
|
5.
|
Sale of prints of graphical plans per copy
|
Size
|
Colour
|
Black & White
|
Blue Print
|
|
|
|
A0
|
3000
|
1500
|
1500
|
|
|
|
A1
|
2500
|
1200
|
1200
|
|
|
|
A2
|
2000
|
1000
|
1000
|
|
|
|
A3
|
1000
|
500
|
500
|
|
|
|
A4
|
500
|
200
|
200
|
|
6.
|
Certification of downloaded prints of plans
|
Per copy
|
500
|
Not applicable
|
-
|
|
S/No.
|
Item Description
|
//Unit ofMeasure//
|
Sub-Units
|
//Charges(KSh.)//
|
|
|
Acquiring Forms and Certificates for Development Permission
|
|
7.
|
Application for DevelopmentPermission (FormPLUPA/DC/1…..)
|
Per Form
|
-
|
1000
|
|
8.
|
Submission Certificate (FormPLUPA….)
|
Per application
|
|
1000
|
|
9.
|
Certificate of compliance
|
Per application
|
|
Cities-2,000Municipalities-1,500Towns, markets andother areas -1000
|
|
10.
|
Certificate of occupation
|
Per application
|
|
Cities-3,000Municipalities-2,000 Towns and otherareas -1000
|
|
11.
|
Site inspection fee
|
Per visit
|
|
Cities-4,000Municipalities-3,000Towns, markets andother areas -2000
|
|
12.
|
Processing fee for subdivisions
|
No. of Plots
|
1-10
|
500
|
|
|
|
|
11-20
|
400
|
|
|
|
|
21-50
|
300
|
|
|
|
|
51 and above
|
200
|
|
13.
|
Processing fee for building plans
|
Floor area(sq. M)
|
|
100 per squaremetre
|
|
14.
|
Processing fee for perimeterwall
|
Type ofmaterial
|
Stone
|
100 per linear meter
|
|
|
|
|
Electric
|
50 per linear meter
|
|
|
|
|
Wooded
|
|
|
|
|
|
Chain link
|
|
|
|
|
|
Iron sheets
|
|
|
|
|
|
Barbedwire/razorwire
|
|
|
15.
|
Processing fee for change ofuser/extension of user
|
User
|
|
5000
|
|
16.
|
Processing fee forcommunication masts e.g BaseTransmission Stations, radioand television frequencytransmission sites
|
Per Mast
|
|
25000
|
|
17.
|
Processing fee foradvertisement
|
Siting anddesign ofadvertisement
|
On roadreserve
|
As per the RoadsAct No.2 of 2007
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|
|
|
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Within privateproperty
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20,000 per annum
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|
|
|
|
Within publicland underCountyGovernment
|
20,000–one off forinstallation20,000–per annumstanding fee
|
|
|
|
|
Hanging signs
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3000 per squaremetre
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|
|
|
|
On buildings
|
3000 per squaremetre
|
|
|
|
|
Type /Size insquare meters
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Bill boards /Wall wraps
|
|
|
|
|
|
First 3 squaremetres
|
15,000
|
|
|
|
|
|
Additionalsquare metre
|
4,000 per squaremetre
|
|
|
|
|
|
Multi directional signs
|
|
|
|
|
|
First 3 squaremetres
|
5500
|
|
|
|
|
|
Additionalsquare metre
|
2000 per squaremetre
|
|
|
|
|
|
LED Screen
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|
|
|
|
|
First 3 squaremetres
|
13000 monthly
|
|
|
|
|
|
Additionalsquare metre
|
1500 monthly persquare metre
|
|
18.
|
Processing fee for fibre optic cables
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Length
|
|
100 per metre
|
|
|
Appeal fees and Checking fees for Physical and Land Use Liaison Committee
|
|
19.
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Appeals to County Physical andLand Use Planning LiaisonCommittee
|
Per application
|
-
|
2,000
|
|
20.
|
Obtaining extracts of registerfor appeals to County Physicaland Land Use Planning LiaisonCommittee
|
Per copy
|
-
|
500
|
|
21.
|
Obtaining copies of minutes ofthe County Physical and LandUse Planning LiaisonCommittee
|
Per page
|
-
|
50
|
|
22.
|
Amendment of appeal toCounty Physical and Land UsePlanning Liaison Committee
|
Perapplication
|
-
|
1,000
|
|
23.
|
Certification of copies ofminutes of County Physical andLand Use Planning LiaisonCommittee
|
Per set ofminutes
|
-
|
500
|
THE PHYSICAL AND LAND USE PLANNING (BUILDING) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
| 3. |
Objects of the Regulations
|
PART II – BUILDING PLANS
| 5. |
Standards and considerations
|
| 6. |
Siting of the building within the plot
|
| 8. |
Back-to-back dwellings
|
| 10. |
Space in front of buildings
|
| 11. |
Minimum measurements for courtyards
|
| 14. |
Reduction in plot area
|
| 18. |
Safety, security and lighting
|
| 19. |
Canopies and projections
|
| 20. |
Access to dwellings and other buildings
|
| 22. |
Access to rear of buildings from street
|
| 23. |
Secondary means of access
|
| 25. |
Access for persons with disabilities
|
| 26. |
Access for nonmotorised transport
|
| 27. |
Infrastructure services
|
PART III – PUBLIC BUILDINGS AND FACILITIES
| 30. |
Standards and considerations
|
PART IV – GENERAL PROVISIONS
| 31. |
Aspects of urban design
|
| 35. |
Temporary closure of streets
|
| 37. |
Instance where a hard copy application may be submitted
|
THE PHYSICAL AND LAND USE PLANNING (BUILDING) REGULATIONS
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Building) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the content otherwise requires—
“amenity” means physical attributes which contribute to the quality of the environment and enhanced enjoyment of a permitted use;
“applicant” means the owner, lessee or occupier of land or premises and includes his or her duly authorized agent or representative;
“building line” means a line drawn across a parcel of land such that no building or permanent structure, except a wall of approved design enclosing the parcel, may be within the area contained between that line and the nearest road, railway, other infrastructure or utilities on which the parcel has frontage;
“canopy” has the meaning assigned to it in the National Building Code;
“dwelling” means a building or any part or portion of a building used or constructed, adapted or designed to be used for human habitation as a separate tenancy or by a single family, whether detached, semi-detached or separated by walls or by floors from adjoining buildings, together with such out-buildings as are reasonably required to be used and enjoyed therewith;
“dwelling house” means a building designed for use exclusively as one self-contained dwelling by a single family, together with such out-buildings as are ordinarily used therewith;
“external wall” means an outer wall or vertical enclosure of a building not being a party wall even though adjoining a wall of another building;
“frontage” means a strip of land between a commercial development and a carriage way;
“highest water mark” means the highest level or boundary reached by a river or lake during floods, and by the ocean during periods of high tides;
“national building code” means the National building code made by the Cabinet Secretary for the time being responsible for public works under section 42(a) of the National Construction Authority Act (Cap. 118);
"partition" means the separation, by legal instrument of the share of land or a lease held by owners in common so that each owner takes their share free of the rights of the others;
"plinth area" means the sum total of the floor area contained in all the storeys of a building, the measurements for which shall be taken from the external faces of the enclosing walls or other boundaries of such building;
“plot ratio” means the factor by which the area of a plot is multiplied to determine the maximum plinth area of a building permitted on that plot;
“public building” means a building used or constructed or adapted to be used ordinarily or occasionally as a place of public worship or as a hospital, college, school (not being a dwelling house so used), theatre (including a private theatre), an institution for persons admitted by ticket or otherwise or used or adapted to be used for any other public office or public purpose;
“registrar” has the meaning assigned to it under section 2 of the Land Registration Act (Cap. 300);
“re-parcellation” as provided for in section 23 of the Land Registration Act (Cap. 300);
“renewal of lease” means the process by which the lessee seeks reallocation of the property and a new lease after the expiry of a lease;
“special block of flats” means a building with at least two storeys designed in part to contain two or more self-contained dwellings, together with outbuildings as are ordinarily used therewith and where one or more floors of the building are not used for dwelling;
“subdivision” in relation to land means the division of a specific parcel of land, including buildings into units held under single ownership, into two or more parts whether the subdivision is by conveyance, transfer or partition or for the purpose of sale, gift, lease or any other purpose;
“use” or “purposes” or “purpose” means the particular use or purpose for which a building or part thereof has been erected or to which it has lawfully been altered and not solely its general purpose as a domestic building, public building or other type of building and in a domestic building only that portion thereof which has been erected as a dwelling may be used as such; and
"user" means a specific designation to a registered parcel of land with development conditions for continued use or enjoyment of a right.
|
| 3. |
Objects of the Regulations
The object of these Regulations is to provide for the procedures, standards and forms for carrying out development control applications ad processes, and the regulation of physical planning and land use in respect of buildings.
|
PART II – BUILDING PLANS
| 4. |
Application
| (1) |
Any person who intends to erect a new building or make alterations or additions to an existing building whether permanent or temporary, shall be required to submit Building Plans before obtaining development permission.
|
| (2) |
Buildings constructed for purposes exclusively listed below shall be exempted from the application of these Regulations, except those that require notice to be given of the intention to erect the buidling, submission of site and block plans, written particulars and notice of any material Change of User.
| (a) |
a dog kennel for domestic use and not holding more than ten dogs;
|
| (b) |
poultry house holding less than fifty chickens in urban areas;
|
| (c) |
a greenhouse not measuring more than five hundred square metres in an urban area;
|
| (d) |
a garden tool shed or small storage;
|
| (f) |
temporary and semi-permanent structure in an area not categorized as an urban area, a municipality or city under the Urban Areas and Cities Act (Cap. 275);
|
| (g) |
a temporary site house or store;
|
| (h) |
moveable tent meant for temporary accommodation not exceeding thirty calendar days; or
|
| (i) |
site camps for major projects subject to compliance to other relevant laws.
|
|
|
| 5. |
Standards and considerations
| (1) |
An applicant shall, when making an application under these Regulations, ensure that the application complies with the provisions of the Act, these Regulations and any other relevant written law.
|
| (2) |
An application for a housing estate shall make provide for a tree cover of at least five per cent of the total land area of the housing estate intended to be developed.
|
| (3) |
For an application in respect of agricultural land, the applicant shall be required to provide a minimum of ten per cent of the land for farm forestry.
|
| (4) |
A person shall only put up a building in accordance with approved plan of the area, zoning regulations and registered user on the land parcel.
|
|
| 6. |
Siting of the building within the plot
| (1) |
Any person intending to erect a new building or re-erect an existing building shall comply with the provisions of the existing building code, planning authority by-laws and the physical planning requirements and such conditions as may be imposed by the approving authority regarding the siting, size, height, shape and appearance of such building in order to safeguard, maintain or impose the dignity or preserve the amenity and general appearance of street, square, or public place or have effect on the complemented appearance of such street, square or public place.
|
| (2) |
A new building and any addition to an existing building, particularly an out-building, a latrines and any drains and sanitary apparatus of any kind pertaining thereto shall be situated on such plot, sub-plot or other piece of land on which they may be built, as to ensure the best practicable hygienic and sanitary conditions and avoid as much as possible any nuisance or annoyance from the position and appearance of such latrine or building or from noise caused by the occupants of the out-building or from any other cause whatsoever.
|
| (3) |
Before erecting a new building, the developer shall erect an onsite construction board clearly indicating the role of each professional involved.
|
|
| 7. |
Building line
| (1) |
The planning authority may prescribe a building line on any road, canal, wharf, retaining wall, port, berth, pier, quay, dock, railway facility, jetty or any other linear feature or wayleave to be such distance from the reserve boundary as the authority may deem expedient for preserving the amenity:
|
| (2) |
No person shall erect any building other than a boundary wall, a gate or a gate house or other fence nearer to the road than such building line may be prescribed.
Provided that at the discretion of the County Executive Committee Member with advice from the County Director of Physical and Land Use Planning and in consultation with relevant road authorities such building line may vary in distance from the road boundary throughout a road or part thereof.
|
| (3) |
A building line prescribed under this regulation shall generally be in accordance with the following specifications—
| (a) |
where the main local access roads is between nine metres and eighteen metres in width, the building line shall be six metres;
|
| (b) |
for any road that is wider than eighteen metres, the building line shall be nine metres; and
|
| (c) |
for any road within a community or serving less than ten properties, the building line shall be not less than three metres.
|
|
|
| 8. |
Back-to-back dwellings
| (1) |
A person shall not erect a building in such manner as to provide any back-to-back dwelling.
|
| (2) |
“Back-to-back” dwelling includes any dwelling the whole of the habitable portion of which is not adequately and efficiently through-ventilated by means of ventilating aperture communicating directly with the external walls.
|
|
| 9. |
Cartilage
Except in the case of a dwelling contained in a special block of flats or a block of flats where any building is designed or constructed or used so as to provide within the same building more than one dwelling for a single family, each such dwelling shall be deemed to be a separate house and shall have its own separate area, cartilage or open space which shall be contiguous with such dwelling as if it were a separate building.
|
| 10. |
Space in front of buildings
| (1) |
A domestic building shall be so sited as to leave an open space immediately in front thereof, which space shall extend throughout the whole width of the front of the building to a distance of at least six metres measured at right angles therefrom:
Provided that, if the building fronts on a street of lesser width, the width of such open space may be not less the width of the street, together with one half of the difference between that width and six metres.
|
| (2) |
The A may require the developer to provide additional space in front of buildings for purposes of providing services or public space and compensate this with allowance for additional height of the development.
|
|
| 11. |
Minimum measurements for courtyards
Where any building contains more than one dwelling and is designed to have an internal courtyard or open space, there shall be provided within such courtyard or open space an area free from obstruction of not less than thirty-two point five square metres and having no dimension less than four point five metres.
|
| 12. |
Service area
A person erecting a building shall provide to the satisfaction of the planning authority in consultation with the County Director, a service area for the security serving that building, loading and unloading of vehicles, dustbins, and such other purposes as the County Director of Physical Planning may require, and the means of the access thereto shall be of a width not less than three metres.
|
| 13. |
Offensive sites
A building shall not be erected on any site which has been made up or filled up by offensive or insanitary materials or which has been used for the deposit of the refuse, excrementious materials or carcasses of dead animals or other filthy or offensive matter until such site has dealt with to the satisfaction of the Medical Officer of Health, Chief Materials Engineer, Environment Officer and the County Director.
|
| 14. |
Reduction in plot area
A plot on which a building is erected shall not be reduced in area so that, in relation to the reduced site, the area covered by the building exceeds the percentage permitted for that class of building, except where the reduction in area is caused by acquisition of land by a proper authority.
|
| 15. |
Plot coverage
Each planning authority shall, in accordance with norms and standards prescribed in physical and land-use planning standards, approved development plans and land-use zoning regulations determine the plot coverage and plot ratios depending on the zoning of the urban area and the level of urban services available.
|
| 16. |
Building heights
| (1) |
A planning authority may prescribe allowable building heights for designated zones in accordance with the approved development plan and land-use zoning regulations.
|
| (2) |
Despite the provisions of subregulation (1), a planning authority may allow a developer extra height in lieu of provision for space in front of the building and pedestrian access within the development.
|
|
| 17. |
Plot size
| (1) |
The size of plot within the area shown on any development plan, advisory plan, zoning plan, subdivision plan approved by the planning authority shall not be subdivided into smaller sub-plots than the minimum specified thereon for the area within which the plot is situated without the amendment or review of such a plan.
|
| (2) |
The minimum size of the plot or sub-plot prescribed for any area may be increased to a satisfactory extent if such minimum size is inconsistent with the amenity of the environs of any plot or portion of the area or if such increase is necessary for the proper development of the plot or sub-plot and if the nature of the ground necessitates large plots or sub-plots to obtain good hygienic conditions.
|
|
| 18. |
Safety, security and lighting
| (1) |
Every storey of every building used or intended to be used for the purpose of an office or for habitation shall be provided with effectual means of lighting and ventilation.
|
| (2) |
Every building shall be provided with adequate access to persons living with disabilities.
|
| (3) |
Every storey of every building used or intended to be used for the purpose of an office, shall be provided with lactation rooms and baby changing facilities.
|
| (4) |
Every building for offices and commercial use shall have adequate and accessible sanitation facilities.
|
| (5) |
Buildings shall be erected in such a manner so as to allow for adequate natural cross-ventilation. In permitted cases, buildings may be permitted to use ventilating aperture.
|
| (6) |
Security features and access to buildings should be installed so as not to inconvenience the patrons of the building and to afford their safety in case of emergencies. No emergency exits should be blocked or closed on account of security.
|
| (7) |
For commercial buildings, and other establishments as may be determined by the County Director, boundary walls may be permitted provided that the solid base or opaque part of the wall is not more than one hundred and thirty-nine centimetres high with the rest of the wall made of transparent materials as may be prescribed.
|
|
| 19. |
Canopies and projections
| (1) |
A canopy may, with the permission of the planning authority, be erected over a footway but such canopy—
| (a) |
shall not be less than 3 m above the level of the footway;
|
| (b) |
shall not extend outwards from the building so as to be nearer the vertical plans of the kerb line of the footway than sixty centimetres;
|
| (c) |
shall be impervious to moisture on the upper surface and drained in a manner which shall prevent the discharge of water on the footway.
|
|
| (2) |
A canopy shall not be used in conjunction with or as a means of access to any room or apartment.
|
| (3) |
A load or article shall not be placed on a canopy without the written approval of the planning authority.
|
| (4) |
Where it is considered desirable that a canopy should be erected in front of a new building, the planning authority may require the owner of the building to provide in the design of such building for a canopy and such structure shall conform to the conditions or design and materials as the structural engineer may prescribe.
|
| (5) |
On being so required, the owner shall at his own cost, when he or she erects the new building construct such canopy and execute the requisite canopy agreement.
|
| (6) |
The footway under the canopy shall not be made of slippery material.
|
| (7) |
A canopy erected on a road reserve shall only be erected with the written permission from the relevant road authority.
|
| (8) |
The County Executive Committee Member shall ensure public participation on applications for development of canopies and projections.
|
|
| 20. |
Access to dwellings and other buildings
| (1) |
Every domestic building, every part of a building which in the opinion of the Planning Authority may be from a separate tenancy or occupancy, shall have independent access to a street, such street not being a sanitary lane or passage:
Provided that dwellings contained in a special block of flats or a block of flats; or separate offices within a building may have a common access to a street.
|
| (2) |
Within every plot or sub-plot upon which it is intended to erect a domestic building there shall be laid out and constructed sufficient and suitably made footpaths of not less than one metre in width and where applicable, such vehicular ways as to provide adequate means of passage between the building and the nearest or most convenient road to which the plot or sub-plot has a frontage.
|
| (3) |
Where any roadway is laid out and constructed for the purpose of providing access from any building to any road, street or lane it shall be extended from the boundary of the plot to the edge of the carriageway within the road, street or lane and the sitting of such access road shall be in accordance with the specifications of the relevant road agency.
|
|
| 21. |
Front frontages
| (1) |
A person shall not erect a building on any plot or sub-plot which has no proper and sufficient frontage to a street, such street not being a sanitary lane or passage.
|
| (2) |
A person shall not erect a building, except with the prior written permission of the County Executive Committee Member with the advice of the County Director, so as to have the building’s principal access to or the building’s principal frontage abutting on a service lane, alley or passage.
|
| (3) |
The planning authority shall require a property owner to maintain the property owner’s property frontage.
|
| (4) |
The planning authority shall approve any improvement on the frontage in adherence to the street and road designs and in accordance with regulations of relevant agencies.
|
| (5) |
Means of access from a service lane, railway line or tramway for use by the public shall not be permitted in any premises used for retail trade or commercial.
|
|
| 22. |
Access to rear of buildings from street
Access of not less than one metre and sixty centimetres in width shall be provided from the street to the rear of buildings other than through the building where such access is not provided from a side passage or rear line.
|
| 23. |
Secondary means of access
Unless the planning authority otherwise agrees, a building shall be provided with a secondary means of access.
|
| 24. |
External passages
Any passage between buildings erected on the same plot or between a building and the boundaries of the plot on which such building is situated, shall have minimum dimensions of one metre and twenty centimetres in width and two metres and ten centimetres in height.
|
| 25. |
Access for persons with disabilities
Every building shall provide adequate access to persons with disability, and the following provisions—
| (a) |
every commercial, special block of flats, office block and other public building as may be prescribed by the planning authority shall provide wheelchair access of not less than one metre and fifty centimetres wide with a handrail and constructed with non-slippery material and such access should be free of any obstructions; and
|
| (b) |
at least one parking space for every five hundred square metres or one per cent of the available car parking spaces whichever is higher, shall be reserved for persons with disabilities, and the parking should be accessible through a lift or a wheel chair access ramp.
|
|
| 26. |
Access for nonmotorised transport
| (1) |
Buildings shall not discriminate against pedestrians and cyclists.
|
| (2) |
Every building shall have footpaths that are well-maintained and connected and bicycle parking for bicycles.
|
| (3) |
A developer may be required to provide an access for pedestrian access of not less than two metres wide through the development and may be compensated with additional floor area above the permitted building height.
|
|
| 27. |
Infrastructure services
| (1) |
No developments shall be permitted where there is no provision of soft and hard infrastructure with the exemption that the developer has made provisions to provide the facilities on site or the service provider has agreed to provide the required infrastructure to meet the proposed demand.
|
| (2) |
The planning authority may create an infrastructure index to identify areas or properties with the level of infrastructure provision and permitted development.
|
| (3) |
The County Executive Committee Member may waive development fee in lieu of the developer developing infrastructure in relation to the property in question.
|
| (4) |
Utility companies should be actively involved in comprehensive development to determine the availability of infrastructure to support such a development and where necessary identify the need for land surrender to cater for the provision of required infrastructure.
|
| (5) |
New developments should not compromise service provision to existing developments.
|
| (6) |
The Director-General is to continuously research and provide innovative approaches to provide infrastructure services and coordinate the efforts of various agencies in building capacities and implementing new technologies.
|
| (7) |
All new subdivision, amalgamation, re-parcellation schemes to make provision for pedestrian footpaths or footways and cycling paths of not less than 2m each in addition to the minimum defined road reserve in this regulation.
|
| (8) |
Footpaths shall have natural passage points and shall not be fenced off, or fenced in a way that would obstruct pedestrian traffic, well-maintained and landscaped.
|
| (9) |
Where a footpath traverses a river or cliff, the footpath shall not be blocked.
|
|
| 28. |
Drainage
Where a planning authority is of the opinion that the proposed development requires a comprehensive drainage plan, the planning authority may—
| (a) |
notify the owner in writing and with reasons, the necessity for the plan; and
|
| (b) |
require the owner to submit plans and particulars of the drainage for approval.
|
|
PART III – PUBLIC BUILDINGS AND FACILITIES
| 29. |
Application
In addition to the public facilities provided for in the Third Schedule, the following shall also apply—
| (a) |
shopping centres and malls;
|
| (d) |
recreation and amusement parks;
|
| (f) |
agricultural produce markets and livestock markets; and
|
|
| 30. |
Standards and considerations
The following shall apply for the erection of public buildings and facilities—
| (a) |
no person shall erect a public building on any site unless that site has been recommended through the preparation of relevant development plan or an advisory plan as the case may be;
|
| (b) |
the site is suitable for the purpose;
|
| (c) |
the erection on the site of any such public buildings would be in the public interest;
|
| (d) |
the site sufficiently provides for the safety and health and well-being of persons frequenting such public building or the general public;
|
| (e) |
lactation rooms or breastfeeding stations and baby changing facilities;
|
| (f) |
provision of smoking zones where necessary;
|
| (g) |
the discharge of audiences or patrons from any such building on a site is not likely to interfere with the safe conduct of traffic in the streets;
|
| (h) |
the site is not so close to another public building that congestion of traffic may be possible; or
|
| (i) |
car parking, non-motorized transport and people with disabilities provision on or in the vicinity of the site is, in the opinion of the planning authority, adequate;
|
| (j) |
in the case of a theatre, cinematography hall, music hall or concert hall, the site of the building shall have two sides as frontage to a public street and the street shall be of such width and direction as shall enable the persons accommodated in the premises to disperse rapidly in case of fire or panic and as will afford facilities for the approach and use of fire appliances and for emergency evacuations;
|
| (k) |
a private open and paved passageway for the exclusive use of the audience of a theatre, cinematography hall, music hall or concert hall leading to a street and having a minimum width of seven meters;
|
| (l) |
access to the facility has been permitted by the relevant authority and is compliance to the stipulated acceleration and deceleration lane requirements;
|
| (m) |
siting of public facilities shall be in accordance with the provisions of the Alcoholics Drinks Control Act (Cap. 121); and
|
| (n) |
the size of land is adequate for the intended purpose or use shall be guided by the manual prescribed by the Director-General.
|
|
PART IV – GENERAL PROVISIONS
| 31. |
Aspects of urban design
The following considerations shall be borne in addition to paragraph 8(d), (k), and (l) of the Third Schedule to the Act—
| (a) |
the preservation of historic buildings, heritage and archaeological considerations;
|
| (b) |
landscape architects and urban designers to be incorporated in the planning and development control in urban areas including open spaces, parks, streetscapes, infrastructure reserves, housing developments, burial grounds, monuments, commercial and industrial complexes, sports grounds, zoos, game parks, botanical gardens and recreational areas;
|
| (c) |
comprehensive land-scape and urban design plans to be submitted for consideration to the planning authority;
|
| (d) |
aesthetics and the provision of desirable public spaces and experiences;
|
| (e) |
place making and the integration of different user communities; including informal traders, artists, activism, festivals and sporting activities;
|
| (f) |
adopting the use of green building technologies such as passive space cooling, water recycling, renewable energy, greening among others;
|
| (g) |
installation of solar water-heating systems in accordance with the Energy Act (Cap. 314);
|
| (h) |
compliance to applicable national addressing system; and
|
| (i) |
urban renewal and regeneration to respect elements of urban design such as axis, nodes, landmarks, vistas or square and offer new spaces for public use and recreation and involve registered physical planners, landscape architects, urban designers, architects, engineers and quantity surveyors.
|
|
| 32. |
Demolition
| (1) |
An owner of any building which does not fall under regulation 4(2) shall not demolish or cause to be demolished such building or any part without the prior written approval of the planning authority.
|
| (2) |
A planning authority may within seven days of receipt of an application for demolition, grant a permit for demolition in Form PLUPA/BD/1 as prescribed in the Schedule, and therein impose any condition or requirement necessary for the safety, health and convenience of the public and for the safety of any other building or installation which in its opinion may be affected by the demolition.
|
| (3) |
The planning authority may with reasons extend the period referred in in subregulation (2) in case of any particular application for a further fourteen days.
|
| (4) |
A person may not, at any time during the course of or after the demolition of a building, leave the demolished building in a condition dangerous to the public or any adjoining property.
|
| (5) |
The planning authority may serve a notice on the person requiring them to make the site safe within the time prescribed in the notice, and if the person fails to do so, the planning authority may itself carry out the necessary work and recover the costs incurred from the person.
|
| (6) |
A registered contractor under the supervision of a structural engineer or architect shall carry out demolition of a building.
|
| (7) |
The planning authority may prohibit the use of any method to be applied in the demolition of any building where in its opinion the method creates or cause to be created a danger to any person or other building or property, and where it prohibits, it shall give reasons in writing for the prohibition.
|
|
| 33. |
Unsafe buildings
| (1) |
Where any building appears to be in a ruinous, dangerous or dilapidated condition, the planning authority on its own volition or request by the public may—
| (a) |
serve upon the owner a notice in writing, requiring them within the time specified, to shore up, secure, repair, renew or otherwise make safe, to the satisfaction of the planning authority the building, or to remove the same; or
|
| (b) |
take the steps by way of shoring up or securing or otherwise making safe the building as necessary and enter upon the premises and upon any adjoining premises, which it may be necessary to enter for the said purpose.
|
|
| (2) |
If the owner fails to commence the work specified in the notice referred to in subregulation (1) within three days after the expiration of the time specified in the notice, or fails to complete the work with the time specified in the notice, the planning authority, at the owner’s cost may proceed under subregulation (1)(b).
|
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| 34. |
Sale of materials
| (1) |
If a building is demolished by the planning authority under any of the powers conferred by the Act or these Regulations, the planning authority may remove and sell the materials or any portion of them, and apply the proceeds of the sale in or towards payment of the cost and expenses incurred by it in relation to the work and shall pay the balance, if any, to the owner.
|
| (2) |
If the proceeds of the sale are insufficient to cover the expenses incurred, the balance shall be recoverable as a civil debt from the owner.
|
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| 35. |
Temporary closure of streets
| (1) |
The planning authority may, temporarily close any street or public place and erect hoardings, barricades or other structures as it may consider necessary for that purpose.
|
| (2) |
Where the closure has been occasioned by the condition of a building, the owner shall pay to the authority on demand, all costs and expenses incurred by it in connection with the erection and subsequent removal of the hoardings, barricades or other structures.
|
| (3) |
Any person who unlawfully interferes with any of the hoardings, barricades or structures erected commits an offence under section 67 of the Act.
|
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| 36. |
Computation of time
For purposes of computation of time, the deadline for electronic submission of documents and advisories issuing by the county executive committee member on development applications lodged electronically shall be 23:59:59 hours East African Time.
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| 37. |
Instance where a hard copy application may be submitted
Where due to a reasonable cause that may include a system prolonged down time, resulting in the author’s inability to submit an application electronically, the author may submit a hard copy application to the county executive committee member and thereof give reasons for not beating the deadline.
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|
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PLUPA/BD/1
|
(r. 32(2))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT(Cap. 303)
|
|
Registered Number of Application ....................................
|
|
REF No. ........................
|
Date ...........................
|
Property Location Details:
|
L/R
|
Plot No
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Sub County
|
Ward
|
Estate/Locality/Area
|
Nearest Street/Road
|
|
|
|
|
|
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|
|
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|
|
Reference is made to your application dated ............................, on the above mentioned subject matter and your subsequent payment to the County Government of Kshs. ....................... as fees.
The planning authority grants permission to carry out the under mentioned demolition works on the referenced plot subject to you having received consent for the same from the Landlord.
1. ...............................................................
2. ...............................................................
3. ...............................................................
Subject to the following conditions:
| (a) |
Compliance with the approved EIA & A Report
|
| (b) |
To repair and make good any damage to adjacent building or structure caused by the demolition or negligent act or omission of any person engaged in it
|
| (c) |
To remove material or debris resulting from demolition or clearance of the site
|
| (d) |
To remove and seal at such a point as the statutory undertaker may reasonably require, any sewer or water pipe under the building
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| (e) |
To make arrangements with relevant statutory undertakers for disconnection of supply of gas and water to the building
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| (f) |
To leave the site following demolition in such a condition as the planning authority may consider reasonably necessary for protection of the public and preservation of amenity
|
| (g) |
This approval is valid for ........................... days from the date of this letter.
|
| (h) |
Any other condition ..........................................................
|
In addition, you are required to indemnify the County Government against any claims that may arise from your negligence and/or acts of omission during the demolition works.
This letter granting permission to undertake the said demolitions does not authorize alterations or additions to the structure. Further, it does not grant authority to change/extend/densify use of the premises or interfere with any tenancy agreement between or among parties to the premises.
Name ........................................ Date .....................................
Designation ................................. Sign .....................
For: County Executive Committee Member
|
THE PHYSICAL AND LAND USE PLANNING (COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN) REGULATIONS
ARRANGEMENT OF REGULATIONS
| 3. |
Object of the Regulations
|
| 4. |
Delimiting of planning areas
|
| 5. |
Notice of Intention to prepare a County Physical and Land Use Development Plan
|
| 8. |
Outsourcing of physical planning services
|
| 9. |
Presentation of county plans
|
| 14. |
Review of public comments
|
| 16. |
Comments by consultative forums
|
| 17. |
County assembly approval
|
| 20. |
Publication of modified County Physical and Land Use Development Plan
|
| 22. |
Submission of reports, notices and plans to the Commission and Director-General
|
SCHEDULES
| SECOND SCHEDULE — |
OUTLINE STRUCTURE OF THE COUNTY PHYSICAL AND LAND USE DEVELOPMENT REPORT
|
THE PHYSICAL AND LAND USE PLANNING (COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (County Physical and Land Use Development Plan) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the context otherwise requires—
“Consultative Forum” means the County Physical and Land Use Planning Consultative Forum established under the Act;
“County plan” means the County Physical and Land Development Plan; and
“liaison committee” means the County Physical and Land Use Planning Liaison Committee.
|
| 3. |
Object of the Regulations
The object of these Regulations is to provide a framework, guidelines and procedures for the preparation, public participation, completion, approval, revision and forms in respect of County Physical and Land Use Development Plans.
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| 4. |
Delimiting of planning areas
In defining the scope and geographic area of the plan, the County Executive Committee Member shall delimit a planning area guided by the physiographic characteristics, administrative boundaries, electoral units, agro-ecological zones and planning projections.
|
| 5. |
Notice of Intention to prepare a County Physical and Land Use Development Plan
| (1) |
The County Executive Committee Member shall, at least twenty-one days before the commencement of the preparation of the County Physical and Land Use Development Plan, publish a notice of intention to prepare a County Physical and Land Use Development Plan in FORM PLUPA C-1.
|
| (2) |
The County Executive Committee Member shall publish a notice in the Gazette, and at least two newspapers of national circulation and electronic media informing the public of the intention to prepare the plan, the objects of the plan and matters to be considered in the County plan and the address to which any comments on the County plan may be sent.
|
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| 6. |
Plan reference number
| (1) |
Upon publication of the notice of intention to prepare the county plan under regulation 5, the County Executive Committee Member shall request, in writing, the Director-General to issue a plan reference number in respect of the county plan.
|
| (2) |
The Director-General shall, within fourteen days from the date of the request under subregulation (1), issue in writing a plan reference number for the county plan.
|
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| 7. |
National security
| (1) |
Where a county plan touches on, relates to, borders, involves or in any way affects a safeguarding area or any aspect of national security, the approval of the National Security Council shall be sought before the preparation of the county plan.
|
| (2) |
The National Security Council shall approve or reject the preparation of a county plan to the extent that the plan relates to a safeguarding area or any aspect of national security submitted to the Council within sixty days from the date of receipt thereof from the County Executive Committee Member and notify the County Executive Member in writing of the decision and the reasons thereof.
|
| (3) |
The National Security Council may impose such conditions as may be necessary to the preparation of county plans that touch on, relating to, bordering, involving or in any way affecting national security.
|
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| 8. |
Outsourcing of physical planning services
| (1) |
The County Executive Committee Member may, where staff capacity is lacking, on his or her own initiative or a proposal made by any other person, outsource physical planning consultancy and other services in accordance with the relevant public procurement and disposal laws and any other applicable law relating to registration and licensing of professional practitioners in the field of physical and land use planning, land surveying and related disciplines in the built environment
|
| (2) |
Outsourced physical and land use planning consultancy and other services shall be submitted to the County Executive Committee Member through the County Director of Physical and Land Use Planning for scrutiny, authentication and processing for approval and shall remain the property of the county.
|
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| 9. |
Presentation of county plans
The presentation of a county plan shall be in paper and electronic form including geo-database or shapefiles.
|
| 10. |
Land use zones
A County Plan shall demonstrate land use zones including—
| (d) |
recreation, conservation, preservation and open spaces;
|
| (g) |
public infrastructure and utilities;
|
| (j) |
land banking and other reservations.
|
|
| 11. |
Notice of completion
| (1) |
The notice which the County Executive Committee Member shall use to inform the public that the draft County plan is complete and available for inspection and inviting public comments shall be in Form PLUPA C-2 as set out in the First Schedule.
|
| (2) |
The period of time applicable for comments and representations from the public shall be sixty days.
|
|
| 12. |
Circulation
| (1) |
Upon completion, the County Director of physical and land use planning shall circulate the draft county plan to relevant agencies at the county level and to the Director-General for comments.
|
| (2) |
The Director-General and the relevant agencies shall submit comments within sixty days of circulation.
|
|
| 13. |
Public participation
| (1) |
In the preparation of a county plan, the county executive committee member shall convene a meeting or meetings at which stakeholders and other parties affected by the planning process will be allowed to participate and give their views and suggestions.
|
| (2) |
The object of the meeting convened under subregulation (1) shall be to achieve the following objectives—
| (a) |
sensitization and developing consensus on objectives of the plan;
|
| (c) |
identifying issues and development proposals and solutions thereof.
|
|
| (3) |
In facilitating public participation, the county executive committee member may use any or a combination of the following methods but not limited to—
| (a) |
direct contact using interview guides and questionnaires;
|
| (b) |
public notices in newspapers;
|
| (c) |
mass media including radio and television;
|
| (d) |
information communication platforms;
|
| (f) |
public hearings and group discussions;
|
| (g) |
conferences, seminars, workshops, town hall meetings and citizen fora; and
|
| (h) |
placement of documents at a common place, available to the members of the public including notice boards.
|
|
|
| 14. |
Review of public comments
When reviewing comments and other representations from the public relating to a draft county plan, the County Executive Committee Member may—
| (a) |
incorporate wholly the comments or representations;
|
| (b) |
incorporate partially the comments or representations; and
|
| (c) |
decline to incorporate any comments or representations altogether and in such a case, shall specify the reasons in writing.
|
|
| 15. |
Appeals
| (1) |
A person who is aggrieved by the decision of the County Executive Committee Member under these Regulations may lodge an appeal to the Liaison Committee against the decision in in Form PLUPA C-3 as set out the First Schedule stating the grounds for the appeal and the remedies sought.
|
| (2) |
The Liaison Committee may reverse, confirm or vary the decision of the County Executive Committee member and in so doing, the Liaison Committee shall apply the rules of natural justice and fair administrative action.
|
| (3) |
The response by the County Executive Committee Member to an appeal lodged under this regulation shall be in writing.
|
| (4) |
A person dissatisfied with the decision of the Liaison Committee may lodge a further appeal with the Environmental and Land Court within fourteen days after the decision of the Liaison Committee.
|
|
| 16. |
Comments by consultative forums
| (1) |
Pursuant to section 41(1) of the Act, the County Executive Committee Member shall, after reviewing the public comments made in respect of a county plan and exhaustion of the appeal process, submit the county plan to the County Physical and Land Use Consultative Forum for comments within sixty days from the date the county plan is finalised.
|
| (2) |
The County Physical and Land Use Planning Consultative Forum shall consider and submit its comments on the county plan to the County Executive Committee Member in Form PLUPA C-4 as set out in the First Schedule.
|
| (3) |
Upon receipt of the comments from the Physical and Land Use Planning Consultative Forum, the County Executive Committee Member shall consider the comments for incorporation and completion of the plan within a period of thirty days.
|
|
| 17. |
County assembly approval
Within fourteen days of completion the County Executive Committee Member shall cause the plan to be submitted to the County Executive Committee for endorsement and submission to the county assembly for approval.
|
| 18. |
Publication
The County Executive Committee Member shall, by notice in the Gazette, publish the County Physical and Land Use Plan in Form PLUPA C-5 as set out in the First Schedule.
|
| 19. |
Modification
| (1) |
Any person ordinarily resident in the county may apply to the County Executive Committee Member for the modification of a County Physical and Land Use Planning Plan.
|
| (2) |
An application under subregulation (1) shall be made in Form PLUPA C-6 as set out in the First Schedule.
|
| (3) |
Within fourteen days after receiving the application subregulation (1), the County Executive Committee Member shall publish the proposed modification in Form PLUPA C-7 as set out in the First Schedule, notifying any interested party of the modification to the plan to submit representations in respect of the proposed modifications.
|
| (4) |
Within thirty days after the publication of the notice under subregulation (3), the County Executive Committee Member shall consider application and representations in respect thereof and make modifications to the plan as may be necessary and submit the modified plan to the County Assembly for approval.
|
| (5) |
Within thirty days after receiving the modified plan from the County Executive Committee Member under subregulation (4), the County Assembly shall consider and approve or reject the modified plan and shall notify the County Executive Committee Member of its decision within fourteen days after the decision.
|
|
| 20. |
Publication of modified County Physical and Land Use Development Plan
Within fourteen days after being notified by the county assembly of the approval of a modified County Physical and land Use Planning Plan, the County Executive Committee Member shall publish the modified plan in the Gazette in Form PLUPA C-8 as set out in the First Schedule.
|
| 21. |
Revision
The provisions of regulation 19 and 20 shall apply, with the necessary modifications, to the revision of a County Plan.
|
| 22. |
Submission of reports, notices and plans to the Commission and Director-General
All reports, notices and plans prepared under these Regulations shall be submitted to the Commission and the Director-General.
|
FIRST SCHEDULE
FORMS
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NOTICE OF INTENTION TO PREPARE A COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
Title of Development Plan ...................................................................................
Pursuant to the provisions of section 38(1) of the Physical and Land Use Planning Act, (Cap. 303), NOTICE is hereby given that the County Government of ..................................... intends to commence preparation of the above Plan on the .............. day of ....................... 20 ....................
The objectives of the Plan are:
......................................................................................................
The purpose of the Plan is:
......................................................................................................
Extent of the area covered .............................................................
The information to be set out in the Plan shall include:
......................................................................................................
Suggestions that may be included in the proposed plan may be directed to ..................................................................1* not later than
..................................................................2*
Dated the ..........................., 20 .................................
County Executive Committee Member
|
___________________Notes—
|
|
1*
|
provide details of the receiving entity.
|
|
2*
|
provide a twenty-one-day window.
|
___________________________
|
FORM PLUPA C-2
|
|
(r. 11(1))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NOTICE OF COMPLETION OF COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
Title of Development Plan ...................................................
Pursuant to the provisions of section 40(1) of the Physical and Land Use Planning Act, (Cap. 303), NOTICE is hereby given that the preparation of the above draft Plan was on the ................ day of ................. 20 ........... completed.
The Plan relates to land situated within .......................................
A copy of the draft plan has been deposited for public inspection, free of charge at ...........................................1*
Any interested person who wishes to make any representation in connection with or objection to the above plan may send the same to ........................ 2* by ........................... 3* and such representations or comments shall state the grounds upon which they are made.
Dated the ........................., 20 .....................
|
|
______________________________
|
|
|
County Executive Committee Member
|
|
___________________Notes—
|
|
1*
|
provide details of the physical address and time the plan is available to the public and if electronic, give name and link to website.
|
|
2*
|
provide details of the physical address of the receiving entity.
|
|
3*
|
Specify actual date (60 days) for receiving comments
|
______________________________
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
APPEAL AGAINST DECISION REGARDING COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
(To be filled in triplicate)
Title of Development Plan ..........................................
To: The Secretary, County Physical and Land Use Planning Liaison Committee ................... County
I/We1*, ................................ of P.O. Box ................... appeal against the decision made by County Executive Committee Member regarding the Draft Plan
My/our grounds for appeal are as follows:
| 1) |
.........................................................
|
| 2) |
......................................................... 2*
The remedies sought are:
|
| 1) |
.........................................................
|
| 2) |
......................................................... 3*
Dated this ............... day of .......................... 20 ..............
Signature4* ......................................
|
___________________Notes—
|
|
1*
|
Delete as necessary.
|
|
2*
|
Please attach additional written text if space is insufficient.
|
|
3*
|
Please attach additional documentation as may be necessary.
|
|
4*
|
Insert name and signature of authorized signatory.
|
|
______________________________
|
|
|
|
|
FORM PLUPA C-4
|
|
(r. 16(2))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
|
|
COUNTY PHYSICAL AND LAND USE PLANNING CONSULTATIVE FORUM NOTICE OF REVIEW
|
|
|
Title of Development Plan ..........................................................................................
Pursuant to the provisions of section 41(2) the Physical Land Use Planning Act, (Cap. 303), the County Physical and Land Use Planning Consultative Forum of ..............................
County of Post Office Box Number ................................. in the Republic
of Kenya has reviewed the above County Physical and Land Use Development Plan on
the ............... day of ............................20 ............... and proposes the following changes or approves the plan as is1*:
| (1) |
............................................................................
|
| (2) |
............................................................................
Dated the ................ day of ....................... 20 ..............
|
___________________Notes—
|
|
1*
|
strike through where necessary.
|
|
______________________________
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
|
|
NOTICE OF APPROVAL OF A COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
|
|
Title of Development Plan .................................................................................
Approved Development Plan No. ........................................
Pursuant to section 41(4) of the Physical and Land Use Planning Act (Cap. 303) NOTICE is hereby given that on the ............ day of ..................... 20 ........... the County Assembly of ................................. approved the above Plan.
A certified copy of the plan as approved is available at ........................................1*
Dated this ............ day of ..................... 20 .............
Signed .................................................
County Executive Committee member .................................. County
|
|
|
___________________Notes—
|
|
1*
|
Provide Physical address where the copies of the Plan can be accessed (Headquarters, Sub County, ward etc.)
|
______________________________
|
FORM PLUPA C-6
|
|
(r. 18(1))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
|
|
MEMORANDUM FOR MODIFICATION OF A COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
|
|
Title of Development Plan ..................................................
Approved Development Plan No. ..................................................
|
To:
|
The County Executive Committee Member
|
|
|
County Government of ....................................................................
|
|
|
|
I/We 1* ................ of P.O. Box ....................... propose modification to the County Physical and Land Use Development Plan referenced above.
My/our reasons for the proposed amendments are as follows:
| (a) |
.....................................................................
|
| (b) |
.....................................................................
|
| (c) |
.....................................................................2*
|
| (a) |
I/We have complied with the relevant provisions of the County Governments Act, (No. 17 of 2012);
|
| (b) |
The proposed amendments are in conformity with the National and all relevant Inter-County Physical and Land Use Development Plans.
|
Dated this .............. day of .................. 20 ..............
Name and Signature of Applicant 3* ...................................
|
___________________Notes—
|
|
1*
|
Delete as necessary.
|
|
2*
|
Please attach additional written text if space is insufficient.
|
|
3*
|
Name and designation of authorized signatory.
|
______________________________
|
FORM PLUPA C-7
|
|
(r. 18(2))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NOTICE OF PROPOSED MODIFICATION TO THE COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
Title of Development Plan ...................................................
Pursuant to the provisions of section 42(2) of the Physical and Land Use Planning Act, (Cap. 303), NOTICE is hereby given that the County Government of ........................ intends to amend the above Plan.
A copy of the proposed modification has been deposited for public inspection free of charge at ........................ 1*
Dated this ........... day of .................... 20 .........
|
|
|
|
|
County Executive Committee Member
|
|
___________________Notes—
|
|
1*
|
State the physical address and if website provide link.
|
|
2*
|
State the physical address and if website provide link.
|
|
3*
|
provide a thirty-day window.
|
______________________________
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NOTICE OF APPROVAL OF MODIFICATION OF A COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN
|
Title of Development Plan .......................................
Approved Development Plan No. .....................................
Pursuant to the provisions of section 42(6) of the Physical and Land Use Planning Act, (Cap. 303), NOTICE is hereby given that the modified plan was approved on the ............ day of ....................20 ......................
The plan shall be available at ............................... 1* for inspection free of charge.
Dated the ...................................., 20 ................
|
|
|
|
|
County Executive Committee Member
|
|
___________________Notes—
|
|
1*
|
state physical address and opening hours. If online, state website and give link
|
SECOND SCHEDULE
OUTLINE STRUCTURE OF THE COUNTY PHYSICAL AND LAND USE DEVELOPMENT REPORT
PART I
The outline structure of the County Physical and Land Use Development Plan Report
PART I
1. Cover Page
2. Introduction
3. Constitutional, legal and policy planning context
PART II
4. Geographic coverage, physiography and climate
5. Population and demography
6. Housing
7. Agriculture
8. Commerce
9. Industry
10. Education
11. Public purpose
12. Recreation, Conservation, preservation and open spaces
13. Public infrastructure and utilities
14. Transportation
15. Blue Economy
PART III
16. Synthesis and emerging issues
PART IV
17. Plan proposals
18. Action Plans
19. Implementation matrix - Timelines, Resource and Institutional requirements
Reference
Appendix
Annex
PART II
| 1. |
Notwithstanding the provisions of First schedule Part IV (9), the actual scale to be used in the map shall depend on the level of detail and circumstances.
|
| 2. |
The Maps prepared shall adopt a scale of a multiple of 500.
|
| 3. |
Maps shall be prepared by a certified authority.
|
| 4. |
Base Map” means a geo-referenced and geometrically accurate graphical representation of land which includes topographical maps, administrative boundary maps, sea charts, aeronautical charts and other thematic and special purpose maps obtained from the relevant authorities.
|
| 5. |
All the maps and plan reports shall adopt standard paper size series A4-A0.
|
| 6. |
Fine details on the plan report shall be contained in an appropriate professional handbook and practicing notes.
|
THE PHYSICAL AND LAND USE PLANNING (INSTITUTIONS) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
| 2. |
Object of the Regulations
|
PART II – NATIONAL PHYSICAL AND LAND USE PLANNING CONSULTATIVE FORUM
| 3. |
Qualifications of nominated members
|
| 6. |
Submission of names of nominees
|
| 7. |
Appointment of nominees
|
| 10. |
Decisions of the Forum
|
| 11. |
Communication channel
|
| 12. |
Implementation of the resolutions of the National Physical and Land Use Planning Consultative Forum
|
| 14. |
Review of national policy
|
PART III – COUNTY PHYSICAL AND LAND USE PLANNING CONSULTATIVE FORUM
| 16. |
Qualifications for appointment of the members of the County Physical and Land Use Planning Consultative Forum
|
| 17. |
Nominating bodies to present two names
|
| 18. |
Deadline for nominations
|
| 19. |
Appointment of members
|
| 22. |
Decisions of the County Physical and Land Use Planning Consultative Forum
|
| 23. |
Communication Channel
|
| 24. |
Implementation of the resolutions of the Forum
|
| 26. |
Sectoral projects to be submitted to Forum
|
| 28. |
County policy on physical and land use planning
|
| 29. |
Reports by County Directors
|
PART IV – INTER-COUNTY PHYSICAL AND LAND USE PLANNING CONSULTATIVE FORUM
| 30. |
Establishment of Inter-County Joint Physical and Land Use Planning Committees
|
| 31. |
Director-General to convene the first meeting
|
PART V – MISCELLANEOUS PROVISIONS
| 36. |
Circulars by Cabinet Secretary
|
| 37. |
Policy statements by Cabinet Secretary
|
THE PHYSICAL AND LAND USE PLANNING (INSTITUTIONS) REGULATIONS
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Institutions) Regulations.
|
| 2. |
Object of the Regulations
The object of these Regulations is to provide guidelines and procedures for the matters specified in Part II of the Act.
|
PART II – NATIONAL PHYSICAL AND LAND USE PLANNING CONSULTATIVE FORUM
| 3. |
Qualifications of nominated members
A member of the National Physical and Land Use Planning Consultative Forum nominated under section 6 (2) (k), (l), (m), (n), (o) and (p) of the Act shall—
| (a) |
be a registered member of good standing of the Architectural Association of Kenya, Institute of Surveyors of Kenya or Kenya Institute of Planners, as the case may be;
|
| (b) |
not be employed by the national or county government, ministries, departments and agencies;
|
| (c) |
not be a member of Parliament or a county assembly;
|
| (d) |
not be a member of a governing body of a political party;
|
| (e) |
not be an undischarged bankrupt; and
|
| (f) |
satisfy the requirements of Chapter Six of the Constitution.
|
|
| 4. |
Nomination process
| (1) |
The institutions or organisations nominating the members of the National Physical and Land Use Planning Consultative Forum under section 6 (2) (k), (l), (m), (n), (o) and (p) shall nominate two persons of the opposite gender and submit their names to the Cabinet Secretary for appointment.
|
| (2) |
The institutions or organisations nominating the members of the National Physical and Land Use Planning Consultative Forum under section 6 (2) (k), (l), (m), (n), (o) and (p) shall submit to the Cabinet Secretary the record of the proceedings at which the nominees were selected.
|
|
| 5. |
Notice
Wherever a vacancy arises in the office of a member of the National Physical and Land Use Planning Consultative Forum nominated under section 6 (2) (k), (l), (m), (n), (o) and (p), the Cabinet Secretary shall notfy the respective institution or organization of the vacancy within fourteen days of the vacancy and invite the institution or organization to nominate two qualified persons of opposite gender to fill in the vacancy.
|
| 6. |
Submission of names of nominees
The institutions or organizations nominating the members of the National Physical and Land Use Planning Consultative Forum under section 6 (2) (k), (l), (m), (n), (o) and (p) shall submit to the Cabinet Secretary the names of the nominees within fourteen days of the notice under regulation 5.
|
| 7. |
Appointment of nominees
Within thirty days after receipt of the names of nominees under subregulation (6), the Cabinet Secretary shall appoint the nominees by name and by notice in the Gazette.
|
| 8. |
Tenure
The members appointed in accordance with subregulation (8) shall serve for a term of three years and shall be eligible for reappointment for one further term of three years.
|
| 9. |
Quorum
The quorum for the conduct of business at a meeting of the National Physical and Land Use Planning Consultative Forum shall be half of the total membership.
|
| 10. |
Decisions of the Forum
| (1) |
All decisions made by the National Physical and Land Use Planning Consultative Forum shall be in writing under the hand of the Chairperson and Secretary.
|
| (2) |
The decisions of the National Physical and Land Use Planning Consultative Forum shall be taken by vote of the majority of the members, except co-opted members, present and voting, and in the case of a tie, the chairperson or the member acting as chairperson shall have a casting vote in addition to his deliberative vote.
|
|
| 11. |
Communication channel
The resolutions of the National Physical and Land Use Planning Consultative Forum shall be communicated to relevant ministries, departments, agencies, county governments and other parties for information and necessary action by the chairperson.
|
| 12. |
Implementation of the resolutions of the National Physical and Land Use Planning Consultative Forum
Where relevant agencies have not acted on the resolutions of the National Physical and Land Use Planning Consultative Forum, the chairperson shall refer the matter to the Cabinet, relevant ministries, departments, the National Physical and Land Use Planning Liaison Committee and the Council of Government for information and action.
|
| 13. |
Vacancies
Within fourteen days of a position falling vacant under section 6 (2) (k), (l), (m), (n), (o) or (p), the Cabinet Secretary shall initiate the appointment of a new member as provided under regulations 3, 4, 5, 6 and 7 and the member so appointed shall serve for a full term.
|
| 14. |
Review of national policy
The Cabinet Secretary shall cause the review of the national policy on physical and land use planning—
| (a) |
upon receipt of a recommendation from a planning authority;
|
| (b) |
when, in the opinion of the Cabinet Secretary, it is necessary to undertake the review of the policy; or
|
| (c) |
at the expiry of the implementation period of the policy.
|
|
| 15. |
Annual reports
The Cabinet Secretary shall cause the Director-General to prepare an annual report on the implementation of the national physical and land use development plans for eventual submission to the National Assembly and National Land Commission.
|
PART III – COUNTY PHYSICAL AND LAND USE PLANNING CONSULTATIVE FORUM
| 16. |
Qualifications for appointment of the members of the County Physical and Land Use Planning Consultative Forum
A member nominated to the County Physical and Land Use Planning Consultative Forum established under section 14 (2) (h), (i), (j), (k), (l), (m), (n) and (o) of the Act shall—
| (a) |
be a registered member in good standing with either the Architectural Association of Kenya, Institute of Surveyors of Kenya and Kenya Institute of Planners;
|
| (b) |
not be an employee of the national or county government or any government agency;
|
| (c) |
not be a member of the county assembly;
|
| (d) |
not be a member of a governing body of a political party; and
|
| (e) |
satisfy the requirements of Chapter Six of the Constitution.
|
|
| 17. |
Nominating bodies to present two names
For nominations under section 14 (2) (h), (i), (j), (k), (l), (m), (n) and (o) of the Act, the County Executive Committee Member shall require the nominating bodies to present two names of either gender for appointment.
|
| 18. |
Deadline for nominations
The relevant institutions shall submit the names and particulars of the nominees within fourteen days of request by the County Executive Committee Member.
|
| 19. |
Appointment of members
The County Executive Committee Member shall, within thirty days of receipt, cause the names and particulars of the nominees to be published in the Gazette.
|
| 20. |
Tenure
The members of the County Physical and Land Use Planning Forum shall serve for a term of three years and shall be eligible for reappointment for one further term of three years.
|
| 21. |
Quorum
The quorum for the conduct of business at a meeting of the County Physical and Land Use Planning Forum shall be half of the total membership.
|
| 22. |
Decisions of the County Physical and Land Use Planning Consultative Forum
| (1) |
All decisions made by, the County Physical and Land Use Planning Forum shall be in writing under the hand of the chairperson and Secretary.
|
| (2) |
The decisions of the County Physical and Land Use Planning Forum shall be taken by way of a majority vote of the members present and voting, excluding the co-opted members.
|
| (3) |
Where there is a tie in a vote by the County Physical and Land Use Planning Forum the chairperson or the member acting as chairperson shall have a casting vote in addition to his deliberative vote.
|
|
| 23. |
Communication Channel
The resolutions of the County Physical and Land Use Planning Forum shall be communicated by the chairperson to the county executive, county assembly, relevant departments and other parties for information and necessary action.
|
| 24. |
Implementation of the resolutions of the Forum
Where relevant agencies have not acted on the resolutions of the forum, the chair person shall refer the matter to the county executive, county assembly, Cabinet Secretary, the National Land Commission and the County Physical Liaison Committee for their information and action.
|
| 25. |
Vacancies
Within fourteen days of a vacancy occurring in a County Physical and Land Use Planning Forum under section 14(2)(h), (i), (j), (k), (l), (m), (n) and (o) of the Act, the County Executive Committee Member shall initiate the process for the appointment of a new member in accordance with regulations 15, 16, 17 and 18 and the member so appointed shall serve for a full term.
|
| 26. |
Sectoral projects to be submitted to Forum
| (1) |
For the purpose of effective co-ordination and integration, all sectoral projects identified by various sectors shall be submitted to the County Physical and Land Use Planning Forum to ensure compliance with the county Physical and Land Use Development Plan.
|
| (2) |
In matters cutting across more than two counties, the respective counties shall deliberate and in consultation with the Director-General cause the establishment of an inter county joint physical and land use planning joint committee for the purposes of making an inter county physical and land use development plan.
|
| (3) |
The Inter-County Physical and Land Use Development Plan shall be circulated to the the National Physical and Land Use Planning Consultative Forum for comments.
|
| (4) |
In the event the emerging issues leading to the formation of the inter-county Joint physical and land use planning committee affects other counties which are not part of the committee, the Director-General shall communicate the decision for the purposes of incorporating them to the plan.
|
|
| 27. |
Meetings
The National Physical and Land Use Planning Consultative Forum and the County Physical and Land Use Planning Consultative Forum shall meet at least four times in a year and not more than three months shall elapse between the meetings of the Forum.
|
| 28. |
County policy on physical and land use planning
| (1) |
After enactment of the National Policy on Physical and land use planning, the County Executive Committee member shall formulate a county policy on physical and land use planning within a period of one year.
|
| (2) |
The County Executive Committee Member shall establish a coordination framework comprising of sectoral heads or their representatives to ensure integration of the physical and land use planning with sectoral planning.
|
| (3) |
The County Executive Committee Member may, in writing, give general or special approval to the County Director, the authority to consider development applications and issue development permissions and other development control instruments under the Act.
Provided that the authority shall not be deemed to have divested the County Executive Committee Member of any of his or her functions, and he or she may perform such functions notwithstanding the authority given to the County Director.
|
|
| 29. |
Reports by County Directors
| (1) |
The County Director shall prepare quarterly briefs on county physical and land use planning matters to the County Executive Committee Member.
|
| (2) |
In performing the functions as outlined in section 20 (b), (c), (d) and (e) of the Act, the County Director shall certify the same and forward them to the County Executive Committee member for processing.
|
| (3) |
The County Director shall ensure that preparation of the Physical and Land Use Plans is informed by research.
|
| (4) |
In undertaking his function under section 20 (f) the County Director shall establish a resource center that will inform physical and land use planning.
|
| (5) |
In undertaking the duties under section 20 (g) or (i) of the Act, the County Director shall recommend formation of a technical committee in line with section 60 (1) of the Act to the County Executive Committee Member for submission to the Governor for appointment.
|
|
PART IV – INTER-COUNTY PHYSICAL AND LAND USE PLANNING CONSULTATIVE FORUM
| 30. |
Establishment of Inter-County Joint Physical and Land Use Planning Committees
The agreement to establish an Inter-county Joint Physical and Land Use Planning Committee in accordance with section 29(1) of the Act shall be in writing and binding to the parties.
|
| 31. |
Director-General to convene the first meeting
In convening the first meeting, the Director-General shall consult the participating counties on the agenda and venue.
|
| 32. |
Quorum
The quorum for the meetings of the Inter-County Joint Physical and Land Use Planning Committee shall be the County Executive Committee Members in charge of physical and land use planning of respective counties and the Director-General.
|
| 33. |
Decisions
The decisions made at the meetings of the Inter-County Joint Physical and Land Use Planning Committee shall be made by consensus.
|
| 34. |
Record-keeping
The Director-General shall keep and maintain up-to-date records of the resolutions of the meetings.
|
| 35. |
Venue
The venue of the meetings of the Inter-County Physical and Land Use Planning Liaison Committee shall be agreed by consensus.
|
PART V – MISCELLANEOUS PROVISIONS
| 36. |
Circulars by Cabinet Secretary
| (1) |
In this regulation, "circular" means a communication issued by the Cabinet Secretary or the Director-General to ministries, departments, agencies, county executive committee members, physical planners and the public on new legislative requirements, policy guidelines, strategies, standards and norms for necessary application and compliance.
|
| (2) |
The Cabinet Secretary may issue a circular to ministries, departments, agencies, county executive committee members, physical planners and the public notifying them of new policies, norms and standards on physical and land use planning.
|
| (3) |
The circular shall contain a brief statement of the purpose of the policies, norms and standards.
|
| (4) |
In addition to the issuance of the circular under subregulation (2), the Cabinet Secretary may publish such communication in two newspapers with a national circulation in the English and Kiswahili languages.
|
| (5) |
All circulars may be posted on the Ministry’s website in a format that allows the printing of the content free of cost and remain accessible for as long as practically possible.
|
|
| 37. |
Policy statements by Cabinet Secretary
| (1) |
In this regulation, "policy statement" means a statement issued by the Cabinet Secretary or the Director-General on any aspect of physical and land use planning meant for application across the country in the context of the applicable laws and policies.
|
| (2) |
On his own initiative, or as ordered by a court of law, or on the request of the National Land Commission, the National Physical and Land Use Planning Consultative Forum, the County Physical and Land Use Consultative Forum and the National Physical and Land Use Planning Liaison Committee, the Cabinet Secretary may, in the public interest, issue policy guidelines on physical and land use planning to provide concise and practical guidance to county executive committee members, physical planners and the public in a clear and accessible form.
|
| (3) |
Planning authorities at the national and county levels shall take into account policy guidelines issued by the Cabinet Secretary in exercising their planning functions and powers.
|
|
THE PHYSICAL AND LAND USE PLANNING (INTER-COUNTY PHYSICAL AND LAND USE DEVELOPMENT) REGULATIONS
ARRANGEMENT OF SECTIONS
| 4. |
Object of the Regulations
|
| 5. |
Period with which actions, notices, publications, etc. are to be executed
|
| 7. |
Role of Director-General
|
| 9. |
Delimitation of the Planning Area
|
| 10. |
Notice of intention to plan
|
| 13. |
Circulation of draft plan for comments
|
| 16. |
Certification by the Director-General
|
SCHEDULES
THE PHYSICAL AND LAND USE PLANNING (INTER-COUNTY PHYSICAL AND LAND USE DEVELOPMENT) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Inter-County Physical and Land Use Development Plan) Regulations.
|
| 2. |
Interpretation
In these Regulations, unless the content otherwise requires–
“Commission” means the National Land Commission established under Article 67 of the Constitution;
“Committee” means an Inter-County Joint Physical and Land Use Planning Committee established under section 29 of the Act; and
“Liaison Committee” means the National Physical and Land Use Planning Liaison Committee.
|
| 3. |
Application
These Regulations shall apply to all inter-county physical and land use development plans.
|
| 4. |
Object of the Regulations
The object of these Regulations is to provide for procedures, standards, guidelines and prescribed Forms for preparation of Inter-County Physical and Land Use Development Plans for inter-county projects under sections 33 and 69 (2) of the Act.
|
| 5. |
Period with which actions, notices, publications, etc. are to be executed
Actions, notices, publications and any other matters provided for under the Act and these Regulations shall be executed within the specified period, unless such period is extended in accordance with the Act and these Regulations.
|
| 6. |
National security
| (1) |
Where an inter-county physical and land use development plan touches on, relates to, borders, involves or in any way affects a national security installation safeguarded areas or any aspect of national security, the Cabinet Secretary shall seek the input of the National Security Council during the making of the plan.
|
| (2) |
The National Security Council shall comment on any plan submitted to it within a period of sixty days from the date of receiving the plan from the Cabinet Secretary.
|
| (3) |
Any inter-county physical and land use development plan that touches on, relates to, borders, involves or in any way affects an area under a strategic national installation and project, as stipulated in section 13 (g) and the Physical and Land Use Planning (Classification of Strategic National or Inter-County Projects) Regulations, 2019, shall be prepared in consultation with the respective institution.
|
| (4) |
For the purposes of these Regulations, security organs shall be exempt from any form of publication required under these Regulations where the said plans touch on, relate to, border, involve or in any way affect the said security organs.
|
|
| 7. |
Role of Director-General
| (1) |
The Director-General shall—
| (a) |
convene the first meeting in consultation with the other members of the Committee as provided in section 29 (6);
|
| (b) |
co-ordinate meetings and provide secretariat services to the Committee as provided in section 29 (7);
|
| (c) |
offer expertise on matters of physical and land use planning;
|
| (d) |
co-ordinate the preparation of inter-county physical and land use development plan;
|
| (e) |
undertake capacity building and technical support for county planning authority; and
|
| (f) |
vote on any matter, subject to the rules agreed upon by the Joint Committee.
|
|
| (2) |
The secretariat services referred to in section 29 (7) and subregulation (1) (b) shall include the following—
| (a) |
keeping records of the meetings of the Committee;
|
| (b) |
consulting with the Chairperson on the order of business and agenda;
|
| (c) |
ensuring that the notice of the meeting and that copies of the agenda are prepared;
|
| (d) |
circulating to all members any material to be discussed at the upcoming meetings;
|
| (e) |
reading the minutes of the previous meeting, and if they are approved, obtaining the Chairperson's signature on them;
|
| (f) |
reporting on action or matters arising from the previous minutes and reading any important correspondence that has been received;
|
| (g) |
taking notes of the meeting, recording the key points and making sure that decisions and proposals are recorded, and the name of the person or group responsible for carrying out any decisions;
|
| (h) |
ensuring that the Chairperson is supplied with all the necessary information for items on the agenda, and reminding the Chairperson if an item has been overlooked;
|
| (i) |
preparing a draft of the minutes and consulting the Chairperson for approval;
|
| (j) |
sending a reminder notice of each decision requiring action to the relevant person;
|
| (k) |
promptly sending all correspondence as decided by the Joint Committee; and
|
| (l) |
any other role that may be assigned by the Committee.
|
|
|
| 8. |
Quorum
The quorum for the meetings of the Inter-County Joint Physical and Land Use Planning Committee shall be all the County Executive Committee Members responsible for physical and land use planning of respective counties and the Director-General.
|
| 9. |
Delimitation of the Planning Area
| (1) |
In defining the scope and the geographic area of the plan, the Committee shall delimit a planning area guided by the physiographic characteristics, administrative boundaries, electoral units, agro-ecological zones and planning projections.
|
| (2) |
The Committee may on its own initiative or by a proposal submitted to it outsource physical and land use planning consultancy and other services in accordance with the relevant public procurement laws for the time being in force.
|
| (3) |
Outsourced physical and land use planning consultancy and other services shall be submitted to the Committee through the Director-General for scrutiny and authentication and shall remain the joint property of the counties.
|
|
| 10. |
Notice of intention to plan
| (1) |
The Committee shall publish a notice of intention to prepare an inter-county physical and land use plan in Form PLUPA IC1 of the First Schedule.
|
| (2) |
Notwithstanding any form of publication for the intention to prepare an inter-county physical and land use development plan, sensitization fora shall be conducted for members of the public to create awareness where the circumstances so permit.
|
|
| 11. |
Public participation
| (1) |
In the preparation of the inter-county physical and land use development plan, the Committee shall convene a meeting or a series of meetings in which stakeholders and other parties affected by the planning process will be allowed to participate and give their views and suggestions.
|
| (2) |
The purpose of the meeting convened under subregulation (1) shall be to—
| (a) |
sensitize the public and develop consensus on the objectives of the plan;
|
| (c) |
identify issues, problems and challenges with a view to developing proposals to address, mitigate or otherwise resolve the issues.
|
|
| (3) |
In order to facilitate the effective participation of stakeholders, the Committee shall identify key stakeholders and their interests and assess potential impacts of the plan on the stakeholders.
|
|
| 12. |
Notice of Completion
The Committee shall publish a notice of completion to prepare an inter-county physical and land use plan in Form PLUPA IC2 as set out in the First Schedule herein.
|
| 13. |
Circulation of draft plan for comments
| (1) |
The draft inter-county physical and land use development plan shall be circulated to ministries, departments, public agencies, statutory bodies, academic institutions, research institutions, and the private sector for comments.
|
| (2) |
Comments on the draft plan from circulation and publication shall be submitted to the Director-General in paper and electronic form within sixty days of circulation and publication.
|
|
| 14. |
Review of comments
In dealing with comments and other representations from the public with regard to the draft inter-county physical and land use development plan, the Committee may–
| (a) |
wholly incorporate the comments or representations into the plan;
|
| (b) |
partially incorporate the comments or representations into the plan; or
|
| (c) |
altogether decline to incorporate comments or representations with reasons.
|
|
| 15. |
Appeals
| (1) |
Notwithstanding the provisions of section 32 (4) of the Act, the Committee may agree on an alternative dispute resolution method for any disagreement arising within the Committee or between a third party in relation to any action, omission or other matter relating to the plan before the matter is escalated to the Liaison Committee.
|
| (2) |
The appeal to the Liaison Committee shall be made in Form PLUPA IC-3 as set out in the First Schedule, setting out the grounds and the reliefs sought.
|
| (3) |
The Liaison Committee shall consider the appeal and communicate its decision to the dissatisfied party in writing, through the same channel which the application for appeal was received and copied to the Committee and the Commission.
|
| (4) |
Any person dissatisfied with the decision of the Liaison Committee may, within fourteen days of the decision, appeal to the Environment and Land Court.
|
|
| 16. |
Certification by the Director-General
The Director-General shall issue a certificate in Form PLUPA IC-4 as set out in the First Schedule, confirming that the relevant county assemblies have approved the inter-county physical and land use development plan.
|
| 17. |
Status report
| (1) |
Every county executive committee member of a County covered by an Inter-County physical and land use development plan shall submit a report on the implementation of the Inter-County Physical and Land Use Development Plan to the Commission and the Cabinet Secretary at least three months before the end of every financial year
|
| (2) |
The report shall contain the details set out in the Second Schedule.
|
|
FIRST SCHEDULE
|
FORM PLUPA IC-1
|
|
(r. 10(1))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NOTICE OF INTENTION TO PREPARE AN INTER-COUNTY PHYSICAL ANDLAND USE DEVELOPMENT PLAN
|
Title of Development Plan ...........................................................
Pursuant to the provisions of section 31(1) of the Physical and Land Use Planning Act (Cap. 303), NOTICE is hereby given that the Inter-County Physical and Land Use Planning Joint Committee from the Counties of ......................................
1* intends to prepare the above Plan with effect from the ....................... day of .....................20 …………….....
The Inter-County Physical and Land Use Planning Joint Committee constitutes the following members from the corresponding counties:
|
Name
|
ID No.
|
County
|
|
.........................................................
|
........................................................
|
..................................................
|
|
.........................................................
|
.......................................................
|
...................................................
|
The reason for establishing the Inter-County Physical and Land Use Planning Joint Committee is ………………………………………………………………………………..
Comments on the proposed plan may be directed to the Inter-County Physical and Land Use Planning Joint Committee’s address at ................................................................
2* not later than ................day of.........................................20..................................3*
Dated the ...................................................., 20..............................................
|
Chairperson, Inter-County Joint Committee.
|
|
___________________Notes—
|
|
1*
|
state the names of the counties involved in the inter-county development plan.
|
|
2*
|
provide address as appropriate.
|
|
3*
|
provide timeline.
|
|
_______________________
|
|
|
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
NOTICE OF COMPLETION OF INTER - COUNTY PHYSICAL AND LAND USEDEVELOPMENT PLAN
|
Title of Development Plan .................................................................................
Pursuant to the provisions of section 32(1) of the Physical and Land Use Planning Act (Cap. 303), NOTICE is hereby given that the preparation of the above Inter-County Physical and Land Use Development Plan was on the .............................day of.........................20...............completed.
The Plan relates to land situated within..................................................
A copy of the plan as prepared has been deposited for public inspection free of charge at
.............................................................................................................1*
Any interested person who wishes to make any representation in connection with or objection to the above plan may send the same to ………………………………………..2* and such representations or comments the grounds upon which they are made not later
than the …………….. day of.………………………20 ……………………………...…3*
Dated this .......... day of ………………… 20.........
|
|
|
Chairperson, Inter-County Joint Committee
|
|
___________________Notes—
|
|
1*
|
provide details of the Joint Committee’s address and if electronic, give name and link to website.
|
|
2*
|
provide details of the Joint Committee’s address and if electronic, give name and link to website.
|
|
3*
|
provide a 14-day window.
|
|
|
|
|
_____________________
|
|
FORM PLUPA IC-3
|
|
(r. 13(2))
|
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
APPEAL AGAINST A DECISION OF AN INTER-COUNTY PHYSICAL AND LANDUSE PLANNING JOINT COMMITTEE
|
(To be filled in triplicate)
Title of Development Plan …………………………………………………………………
To: The Secretary
National Physical and Land Use Planning Liaison Committee
Pursuant to the provisions of section 32(4) of the Physical and Land Use Planning Act, (Cap. 303), I/We1*, …………………………………………………………………………….
of P.O. Box ………………………………… appeal against the decision made by the Inter-County Physical and Land Use Planning Joint Committee of the counties of ……………………………………2*, regarding the above Plan.
My/our grounds for appeal are as follows:
| (a) |
.………………………………….………………………………....................................
|
| (b) |
.………………………………….………………………………....................................
|
| (c) |
.………………………………….………………………………....................................3*
|
The reliefs I/we seek are:
| (a) |
.………………………………….………………………………....................................
|
| (b) |
.………………………………….………………………………....................................
|
| (c) |
.………………………………….………………………………....................................4*
|
Dated this ……………day of ……............................ 20 …………......
|
Signature..………......…………………………… 5*
|
|
|
|
|
|
___________________Notes—
|
|
1*
|
Insert name of complainant/appellant.
|
|
2*
|
Delete as necessary.
|
|
3*
|
Please attach additional written text if space is insufficient.
|
|
4*
|
Please attach additional written text if space is insufficient.
|
|
5*
|
Insert name and signature of Authorised signatory of complainant/appellant.
|
|
THE PHYSICAL AND LAND USE PLANNING ACT
|
|
(Cap. 303)
|
|
CERTIFICATE OF APPROVAL OF AN INTER-COUNTY PHYSICAL AND LANDUSE DEVELOPMENT PLAN BY COUNTY ASSEMBLIES
|
Title of the Plan. .......................................................................................
Pursuant to the provisions of section 33(1) of the Physical and Land Use Planning Act (Cap. 303), this is to CERTIFY that the County Assemblies of..……………………............... 1* have issued the approval in respect of the Plan enclosed herewith known as……………………………2*
Dated this……………day of…………………………20……………
Issued By……………………………………………………………………….3*
|
Director-General
|
|
Department Seal4*
|
|
|
|
___________________Notes—
|
|
1*
|
Names of Counties
|
|
2*
|
Insert title of Plan
|
|
3*
|
Name of the Director-General
|
|
4*
|
Seal of the Director-General
|
SECOND SCHEDULE
The content of the implementation report on an Inter-County physical and land use development shall include:
1. Strategic projects
2. Coordination framework
3. Financing strategy
4. Communication strategy
5. Community participation framework
6. Capacity building
7. Implementation framework
8. Monitoring and Evaluation mechanisms
THE PHYSICAL AND LAND USE PLANNING (SPECIAL PLANNING AREA) REGULATIONS
ARRANGEMENT OF REGULATIONS
| 2. |
Object of the Regulations
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| 5. |
Delimitation of planning areas
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| 6. |
Declaration of special planning area
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| 10. |
County assembly approval
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| 12. |
Reports, etc. to be submitted to the National Land Commission
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SCHEDULES
THE PHYSICAL AND LAND USE PLANNING (SPECIAL PLANNING AREA) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Physical and Land Use Planning (Special Planning Area) Regulations.
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| 2. |
Object of the Regulations
The object of these Regulations is to provide a framework for the declaration of special planning areas and preparation and approval of special planning area plans pursuant to sections 52 and 53 of the Act.
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| 3. |
Timelines
Any action, notice, publication and any other matter provided for in the Act and these Regulations in relation to the preparation of a special physical and land use development plan shall be executed within the period specified in the Act or Regulations, subject to any extension under the Act or Regulations.
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| 4. |
National security
| (1) |
Whenever a special physical and land use development plan touches on, relates to, borders, involves or in any way affects a safeguarding area or any aspect of national security, the National Physical and Land Use Planning Consultative Forum shall consult the National Security Council during the preparation of the plan.
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| (2) |
The National Security Council shall give its comments in writing on the plan submitted under subregulation (1) within thirty days from the date of the request for comments from the County Executive Committee Member and shall specify the reasons for any recommendations it makes in respect of the plan.
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| (3) |
Where necessary, any plan touching on, relating to, bordering, involving or in any way affecting a national security organ shall be subjected to any conditions that may be imposed on it by the National Security Council.
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| (4) |
For the purposes of these Regulations, national security organs shall be exempt from the publication of special physical and land use development plans as may be required under these Regulations where the plans touch on, relate to, border, involve or in any way affect the national security organs.
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| 5. |
Delimitation of planning areas
In defining the scope and geographic area of a special physical and land use development plan, the County Executive Committee Member shall delimit a planning area as may be guided by the physiographic characteristics, administrative boundaries, electoral units, agro-ecological zones and planning projections.
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| 6. |
Declaration of special planning area
| (1) |
The County Executive Committee member shall publish a notice in the Gazette in Form PLUPA S-1 as set out in the Schedule informing the public of the—
| (a) |
declaration of a special planning area;
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| (b) |
proposed development for which the declaration has been made; and
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| (c) |
commencement of the plan preparation.
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| (2) |
A person affected by the declaration of a special planning area may make representations to the County Executive Committee Member in writing, stating reasons and the reliefs sought.
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| (3) |
In addition to the notice under subregulation (1), the County Executive Committee Member shall conduct sensitization forums in respect of the declaration at which public views thereof shall be considered.
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| (4) |
The County Executive Committee Member may use any method to engage various stakeholders and members of the public in respect of a declaration under this regulation, including—
| (a) |
direct contact using interview guides and questionnaires;
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| (b) |
public notices in newspapers;
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| (c) |
mass media including radio and television;
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| (d) |
information communication platforms;
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| (f) |
public hearings and group discussions;
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| (g) |
conferences, seminars or workshops, town hall meetings, public fora; and
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| (h) |
placement of documents at a common place that is available to the the public including noticeboards.
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| (5) |
In considering the comments and other representations from the public regarding a declaration under this regulation, the County Executive Committee Member may—
| (a) |
incorporate the comments or representations into the plan; or
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| (b) |
dismiss the comments or representations:
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Provided that if the County Executive Committee Member dismisses the comments or representations, he or she shall specify the reasons for doing so in writing.
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| 7. |
Review of comments
In considering the comments and representations under regulation 7(4), the County Executive Committee Member shall—
| (a) |
where planning permission had been granted more than six months before the declaration of the special planning area, allow the permitted developments to continue notwithstanding the declaration;
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| (b) |
where the special planning area is declared for the purposes of national security, the developments thereon shall cease immediately upon publication of the declaration; and
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| (c) |
give such other directions as may be appropriate in the circumstances.
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| 8. |
Public participation
| (1) |
Before the completion of the preparation of the special area physical and land use development plan, the County Executive Committee Member shall hold stakeholder meetings and ensure effective participation of key stakeholders and assess their interests and potential impacts.
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| (2) |
After completion of the preparation of the draft special area plan, the county executive committee member shall publish a notice in the Gazette and two newspapers of national circulation in form PLUPA S-2 as set out in the Schedule, inviting public comments.
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| (3) |
In dealing with comments and other representations regarding the draft special area physical and land use development plan from the public, the County Executive Committee Member may—
| (a) |
incorporate the comments or representations into the plan; or
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| (b) |
dismiss the comments or representations:
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Provided that if the County Executive Committee Member dismisses the comments or representations, he or she shall specify the reasons for doing so in writing.
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| 9. |
Appeals
| (1) |
A person aggrieved by a decision of the County Executive Committee Member may appeal to the County Physical and Land Use Planning Liaison Committee within sixty days from the date of the decision in Form PLUPA S-3 as set out in the Schedule stating the grounds of appeal and the reliefs sought.
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| (2) |
When considering an appeal, the County Physical and Land Use Planning Liaison Committee may set aside, confirm or vary the decision appealed against.
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| (3) |
The decision of the County Physical and Land Use Planning Liaison Committee shall be made in accordance with the rules of natural justice and fair administrative action.
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| (4) |
A person dissatisfied with the decision of the County Physical and Land Use Planning Liaison Committee may lodge an appeal to the Environmental and Land Court within thirty days from the date of the decision of the Liaison Committee.
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| 10. |
County assembly approval
| (1) |
Where all applications for the review of a Special Area Physical and Land Use Development Plan have been heard and determined, the County Executive Committee Member shall submit the plan to the County Physical and Land Use Planning Consultative Forum for comments within fourteen days in Form PLUPA S-4 as set out in the Schedule.
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| (2) |
Pursuant to the provisions of sections 41 (3) and 49 (3) of the Act, the county assembly shall, on submission of the local physical and land use development plan by the Governor consider the same within thirty sitting days and thereby approve with or without any modification.
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| 11. |
Publication
Upon approval by the county assembly, the County Executive Committee Member shall cause the notice of final approval in Form PLUPA-S-5 as set out in the Schedule to be published in the Gazette and two newspapers of national circulation.
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| 12. |
Reports, etc. to be submitted to the National Land Commission
Reports, notices, plans prepared under these Regulations shall be submitted to the National Land Commission and the Director General within fourteen days after publication.
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SCHEDULE
Forms
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FORM PLUPA - S1
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(r. 8(1))
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THE PHYSICAL AND LAND USE PLANNING ACT
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(Cap. 303)
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NOTICE OF DECLARATION OF A SPECIAL PLANNING AREA
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In exercise of powers conferred by section 52 of the Physical and Land Use Planning Act (Cap. 303), the county government of ........................................................ . 1* declares the following area ............................................... 2* as a Special Planning Area.
The purpose of the declaration is:
..............................................................................................................................3*
The objectives of the declaration are:
..............................................................................................................................
..............................................................................................................................
.............................................................................................................................. 4*
The preparation of the Special Area Plan has commenced. Any development within the declared area is hereby suspended until the ………………………… day of ............... 20....................5*
Any development for which development permission had been sought from the relevant planning authority more than six months before this notice shall be allowed to be carried out but in strict compliance with the terms of such approval.
Members of the public are hereby invited to make representations/comments on the proposed Plan. Details on the subject area are available at............................................................
...............................................................................................................................6*
Dated.................................day of ...................................20.......................
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County Executive Committee Member
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____________________________Notes—
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1*
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Insert name of county.
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2*
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Define the extent of the area.
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3*
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Please attach additional written text if space is insufficient.
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4*
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Please attach additional written text if space is insufficient.
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5*
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Provide a maximum of a two-year window.
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6*
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State physical address and opening hours, postal and telephone address, website and give link.
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FORM PLUPA -S2
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(r. 10(2))
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THE PHYSICAL AND LAND USE PLANNING ACT
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(Cap. 303)
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NOTICE OF COMPLETION OF SPECIAL AREA PLAN
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Title of Development Plan....................................................................
Pursuant to the provisions of section 52(6) of the Physical and Land Use Planning Act (Cap. 303), NOTICE is hereby given that the preparation of the above Plan was on the…...........................day of...............................20..............................completed.
A copy of the plan as prepared has been deposited for public inspection free of charge at
.....................................................................................................................................1*
Any interested person who wishes to make any representation in connection with or objection to the above plan may send the same to ……………………………………..2* by the ………..day of ……………20..……………3* and such representation or objection shall state the grounds upon which they are made.
Dated the .............................day of ............................... 20..................................
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County Executive Committee Member
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____________________________Notes—
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1*
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provide details of the place where the plans are availed to the public and if electronic, give name and link to website.
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2*
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provide details of the physical address of the receiving entity.
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3*
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Specify actual date (60 days) for receiving comments.
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FORM PLUPA -S3
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(r. 11(1))
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THE PHYSICAL AND LAND USE PLANNING ACT
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(Cap. 303)
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APPEAL AGAINST DECLARATION OF A SPECIAL PLANNING AREA
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(To be filled in triplicate)
Title of Development Plan …………………………………………………………………
To: The Secretary, County Physical and Land Use Planning Liaison Committee
…………………………………………………………………………. County
I/We1*, ……………………………………………. of P.O. Box………………………….
………………………………… appeal against the decision made by…………………….
…………………………………… County Executive Committee Member regarding the above Plan.
My/our grounds for appeal are as follows:
| (a) |
...............................................................................................................
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| (b) |
.................................................................................................................
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| (c) |
......................................................................................................... 2*
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The reliefs which I/We seek are:
| (a) |
.........................................................................................................
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| (b) |
..........................................................................................................
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| (c) |
.......................................................................................................... 3*
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Dated this ……………………….…. day of ……............................…………20…………
Signature of Applicant …………......……………………………
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____________________________Notes—
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1*
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Delete as necessary.
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2*
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Please attach additional written text if space is insufficient.
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3*
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Please attach additional written text if space is insufficient.
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THE PHYSICAL AND LAND USE PLANNING ACT
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(Cap. 303)
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MEMORANDUM FOR REVIEW OF A SPECIAL AREA PLAN BY THE COUNTY PHYSICAL AND LAND USE PLANNING CONSULTATIVE FORUM
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To: The County Executive Committee Member County Government of…………………..
.............................................................................................
Title of Development Plan....................................................................
Pursuant to the provisions of section 52(6) of the Physical and Land Use Planning Act (Cap. 303), the County Physical and Land Use Planning Consultative Forum of………………………..County of P.O. Box ………………………………. has reviewed the above Plan on this ...........................day of .........................20……. and gives the following comments:
| (1) |
...........................................................................................
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| (2) |
...........................................................................................
The plan is hereby forwarded for your consideration/action.
Dated the ..................................day of …………………………..............., 20....................
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THE PHYSICAL AND LAND USE PLANNING ACT
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(Cap. 303)
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NOTICE OF APPROVAL OF A SPECIAL AREA PLAN
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Title of Development Plan ......................................................
Approved Development Plan No. ......................................................
Pursuant to the provisions of section 52(6) of the Physical and Land Use Planning Act (Cap. 303), NOTICE is hereby given that on the ................... day of ...................... 20……………………… the County Assembly of ...................................................... County approved the above Plan.
A certified copy of the plan as approved has been deposited at ............................................................................................1*
Dated the ....................................... day of ................................, 20.......................
Signed ......................................................
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County Executive Committee Member
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____________________________Notes—
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1*
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Provide physical address and if electronic, name of website and link.
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