Act No: CAP. 303
Act Title: PHYSICAL AND LAND USE PLANNING
SUBSIDIARY LEGISLATION
Arrangement of Sections
THE PHYSICAL AND LAND USE PLANNING (CLASSIFICATION OF STRATEGIC NATIONAL OR INTER-COUNTY PROJECTS) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation

2.

Interpretation

3.

Application of Regulations

4.

Criteria for classifying strategic national projects

5.

Criteria of intercounty projects

6.

Criteria

SCHEDULES

SCHEDULE [r. 6.] —

CLASSIFICATION OF PROJECTS OF STRATEGIC NATIONAL IMPORTANCE AND INTER-COUNTY PROJECTS

THE PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL ENFORCEMENT) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation

2.

Interpretation

3.

Object of the Regulations

PART II – ADMINISTRATION

4.

Enforcement teams

5.

Functions of members of enforcement teams.

6.

Mandate of Technical Committees

PART III – COMPLAINTS

7.

Lodging of complaints

8.

Verification of complaints

PART IV – ENFORCEMENT

9.

Enforcement notice

10.

Mode of service of enforcement notice

11.

Feedback mechanism

12.

General principles of enforcement

13.

Execution of enforcement notice

14.

Identification of Enforcement Team

15.

Execution of Enforcement Notice for demolition and alteration of buildings

16.

Determination of Restoration costs

17.

Appeals

18.

Register

SCHEDULES

FIRST SCHEDULE [r. 9(1)] —

ENFORCEMENT NOTICE

SECOND SCHEDULE —

FORMS

THE PHYSICAL AND LAND USE PLANNING (GENERAL DEVELOPMENT PERMISSION AND CONTROL) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

3.

Object of the Regulations

PART II – CHANGE OF USER AND EXTENSION OF USER

4.

Application

5.

Planning considerations and standards

PART III – EXTENSION OF LEASE AND RENEWAL OF LEASE

6.

Standards or considerations

PART IV – SUBDIVISION AND AMALGAMATION

7.

Application

8.

Subdivision and amalgamation schemes

9.

Planning brief

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

FIRST SCHEDULE —

FORMS

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 (LIAISON COMMITTEES) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation

2.

Interpretation

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

7.

Vacancy of office

8.

Filling of a vacancy

9.

Responsibilities of chairperson

10.

Role of the Secretary

11.

Filing of appeals

12.

Submission of appeals

13.

Particulars of the appeals register

14.

Interested parties

15.

Withdrawal and abandonment of appeals

16.

Amendment of Appeals

17.

Filing of response by respondent

18.

Conduct of hearings

19.

Disclosure of conflict of interest

20.

Consolidation of appeals

21.

Quorum of meetings and voting

22.

Language of hearing

23.

Appearance of the parties at a hearing

24.

Power to determine appeal without hearing

25.

Power to issue interim orders

26.

Site visits

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

31.

Vacancy of office

32.

Filling of vacancies

33.

Responsibility of the chairperson

34.

Roles of secretary

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

42.

Conduct of hearings

43.

Consolidation of complaint, claim or appeal

44.

Disclosure of conflicts of interests

45.

Quorum

46.

Language of hearing

47.

Appearance of the parties at a hearing

48.

Power to determine complaint, claim or appeal without hearing

49.

Power to issue interim orders

50.

Site visits

51.

Decisions of the committee

52.

Communication of decisions

53.

Reasons for committees' decisions

54.

Filing and publication of determination

55.

Correction of errors

56.

Fees

SCHEDULES

FIRST SCHEDULE —

FORMS

SECOND SCHEDULE [r. 56] —

FEES

THE PHYSICAL AND LAND USE PLANNING (OUTSOURCING OF PROFESSIONAL SERVICES) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

3.

object of the Regulations

PART II – PROCURING PHYSICAL AND LAND USE PLANNING SERVICES

4.

Procurement of consultancy services

5.

Mode of consulting

6.

Functions and compositions of planning teams

7.

Reporting

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

13.

Costing elements

14.

Professionals’ roles

PART IV – MISCELLANEOUS

15.

Lead consultant

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

PHYSICAL AND LAND USE PLANNING (ADVERTISEMENT) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

3.

Object of the Regulations

PART II – PROCESSING OF ADVERTISMENT APPLICATIONS

4.

Permitted advertisements

5.

Consent to display

6.

Exceptions

7.

Siting of advertisements

8.

Siting of billboards

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

13.

Other applications

14.

Circulation for advertisement

15.

Approvals, refusals and rejections

16.

Cancellations and amendments

PART III – GENERAL PROVISIONS

17.

Restoration to original state

18.

Appeals

19.

Advertisement that is integral to a building

20.

Election advertisements

21.

Standard conditions

SCHEDULES

SCHEDULE —

FORMS

PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL AROUND STRATEGIC INSTALLATIONS) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation

2.

Interpretation

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

8.

Appeals

9.

Monitoring

10.

Register

PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL FOR INTER-COUNTY PROJECTS) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

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

8.

Public participation

9.

Notice of completion of an Inter-County proposal

10.

Appeals

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

15.

Monitoring

16.

Compliance

PHYSICAL AND LAND USE PLANNING (DEVELOPMENT CONTROL FOR STRATEGIC NATIONAL PROJECTS) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation

2.

Interpretation

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

9.

Appeals

10.

Exemptions

11.

Certificate of compliance

12.

Certificate of occupancy

13.

Monitoring

14.

Enforcement notices

15.

Appeals

16.

Public participation

SCHEDULES

FIRST SCHEDULE —

FORMS

PHYSICAL AND LAND USE PLANNING (LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Object of the Regulations.

4.

Application of the Regulations.

5.

National security.

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.

10.

Circulation.

11.

Public participation.

12.

Appeals.

13.

Approval of the plan.

14.

County assembly approval.

15.

Contents of the Register.

16.

Publication.

17.

Amendment or revision of the plan.

18.

Reports, etc. to be submitted to the Commission and the Director-General.

SCHEDULES

FIRST SCHEDULE —

FORMS

SECOND SCHEDULE —

STRUCTURE OF THE COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN REPORT

THIRD SCHEDULE —

SHORT-TERM PLANS

PHYSICAL AND LAND USE PLANNING (NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

3.

Object of the Regulations

PART II – NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN

4.

Planning area

5.

Concept paper on the Plan

6.

Notice of Intention Prepare Plan

7.

National security

8.

Notice of Completion of Draft Plan

9.

Notice of publication of the revised plan

10.

Final consultation with the Consultative Forum

11.

Parliamentary approval

12.

Publication of approval

13.

Status report

14.

Structure and technical specifications

PART III – STRATEGIC NATIONAL INSTALLATION PROJECTS

15.

Notice of preparation of strategic national installation and projects

16.

Stakeholder involvement

17.

Notice of completion of the draft plan

18.

Circulation of the draft plan

19.

Notice of completion of the draft plan

20.

Approval of the plan

21.

Appeals

22.

Approval of the strategic national installation and project plan

23.

Forms

SCHEDULES

FIRST SCHEDULE —

FORMS

SECOND SCHEDULE —

THE STRUCTURE OF THE NATIONAL PHYSICAL AND LAND USE DEVELOPMENT PLAN REPORT

PHYSICAL AND LAND USE PLANNING (PLANNING FEES) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation

2.

Interpretation

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

THE PHYSICAL AND LAND USE PLANNING (BUILDING) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

3.

Objects of the Regulations

PART II – BUILDING PLANS

4.

Application

5.

Standards and considerations

6.

Siting of the building within the plot

7.

Building line

8.

Back-to-back dwellings

9.

Cartilage

10.

Space in front of buildings

11.

Minimum measurements for courtyards

12.

Service area

13.

Offensive sites

14.

Reduction in plot area

15.

Plot coverage

16.

Building heights

17.

Plot size

18.

Safety, security and lighting

19.

Canopies and projections

20.

Access to dwellings and other buildings

21.

Front frontages

22.

Access to rear of buildings from street

23.

Secondary means of access

24.

External passages

25.

Access for persons with disabilities

26.

Access for nonmotorised transport

27.

Infrastructure services

28.

Drainage

PART III – PUBLIC BUILDINGS AND FACILITIES

29.

Application

30.

Standards and considerations

PART IV – GENERAL PROVISIONS

31.

Aspects of urban design

32.

Demolition

33.

Unsafe buildings

34.

Sale of materials

35.

Temporary closure of streets

36.

Computation of time

37.

Instance where a hard copy application may be submitted

________________________

THE PHYSICAL AND LAND USE PLANNING (COUNTY PHYSICAL AND LAND USE DEVELOPMENT PLAN) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation

2.

Interpretation

3.

Object of the Regulations

4.

Delimiting of planning areas

5.

Notice of Intention to prepare a County Physical and Land Use Development Plan

6.

Plan reference number

7.

National security

8.

Outsourcing of physical planning services

9.

Presentation of county plans

10.

Land use zones

11.

Notice of completion

12.

Circulation

13.

Public participation

14.

Review of public comments

15.

Appeals

16.

Comments by consultative forums

17.

County assembly approval

18.

Publication

19.

Modification

20.

Publication of modified County Physical and Land Use Development Plan

21.

Revision

22.

Submission of reports, notices and plans to the Commission and Director-General

SCHEDULES

FIRST SCHEDULE —

FORMS

SECOND SCHEDULE —

OUTLINE STRUCTURE OF THE COUNTY PHYSICAL AND LAND USE DEVELOPMENT REPORT

THE PHYSICAL AND LAND USE PLANNING (INSTITUTIONS) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation

2.

Object of the Regulations

PART II – NATIONAL PHYSICAL AND LAND USE PLANNING CONSULTATIVE FORUM

3.

Qualifications of nominated members

4.

Nomination process

5.

Notice

6.

Submission of names of nominees

7.

Appointment of nominees

8.

Tenure

9.

Quorum

10.

Decisions of the Forum

11.

Communication channel

12.

Implementation of the resolutions of the National Physical and Land Use Planning Consultative Forum

13.

Vacancies

14.

Review of national policy

15.

Annual reports

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

20.

Tenure

21.

Quorum

22.

Decisions of the County Physical and Land Use Planning Consultative Forum

23.

Communication Channel

24.

Implementation of the resolutions of the Forum

25.

Vacancies

26.

Sectoral projects to be submitted to Forum

27.

Meetings

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

32.

Quorum

33.

Decisions

34.

Record-keeping

35.

Venue

PART V – MISCELLANEOUS PROVISIONS

36.

Circulars by Cabinet Secretary

37.

Policy statements by Cabinet Secretary

THE PHYSICAL AND LAND USE PLANNING (INTER-COUNTY PHYSICAL AND LAND USE DEVELOPMENT) REGULATIONS

ARRANGEMENT OF SECTIONS

1.

Citation

2.

Interpretation

3.

Application

4.

Object of the Regulations

5.

Period with which actions, notices, publications, etc. are to be executed

6.

National security

7.

Role of Director-General

8.

Quorum

9.

Delimitation of the Planning Area

10.

Notice of intention to plan

11.

Public participation

12.

Notice of Completion

13.

Circulation of draft plan for comments

14.

Review of comments

15.

Appeals

16.

Certification by the Director-General

17.

Status report

SCHEDULES

FIRST SCHEDULE
SECOND SCHEDULE

THE PHYSICAL AND LAND USE PLANNING (SPECIAL PLANNING AREA) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation

2.

Object of the Regulations

3.

Timelines

4.

National security

5.

Delimitation of planning areas

6.

Declaration of special planning area

7.

Review of comments

8.

Public participation

9.

Appeals

10.

County assembly approval

11.

Publication

12.

Reports, etc. to be submitted to the National Land Commission

SCHEDULES

SCHEDULE —

Forms