Physical and Land Use Planning Act
This Act may be cited as the Physical and Land Use Planning Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 303
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Physical and Land Use Planning Act. Defines "Section" for national government planning functions to mean the Cabinet Secretary. States the objects of the Act as the principles, procedures and standards for preparing and implementing physical and land-use development plans at national, county, urban, rural and city levels. Recognises the national values and principles set out in Articles 10 and 232 of the Constitution. Section physical and land use planning shall promote sustainable use of land and liveable communities integrating human needs in any locality.
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Provisions of Physical and Land Use Planning Act
Showing 93 of 93
Part I
PRELIMINARY
- 1 Verify source ↗
PRELIMINARY - 1. Short title
This Act may be cited as the Physical and Land Use Planning Act.
Section 1. Short title Section This Act may be cited as the Physical and Land Use Planning Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
Defines "Section" for national government planning functions to mean the Cabinet Secretary.
Section 2. Interpretation Section with respect to national government planning functions means the Cabinet Secretary; and - 3 Verify source ↗
PRELIMINARY - 3. Objects of the Act
States the objects of the Act as the principles, procedures and standards for preparing and implementing physical and land-use development plans at national, county, urban, rural and city levels.
Section 3. Objects of the Act Section the principles, procedures and standards for the preparation and implementation of physical and land use development plans at the national, county, urban, rural and cities level; - 4 Verify source ↗
PRELIMINARY - 4. Values and principles
Recognises the national values and principles set out in Articles 10 and 232 of the Constitution.
Section 4. Values and principles Section the national values and principles set out in Articles 10 and 232 of the Constitution; - 5 Verify source ↗
PRELIMINARY - 5. Principles and norms of physical and land use planning
Section physical and land use planning shall promote sustainable use of land and liveable communities integrating human needs in any locality.
Section 5. Principles and norms of physical and land use planning Section physical and land use planning shall promote sustainable use of land and liveable communities which integrates human needs in any locality;
Part II
PHYSICAL AND LAND USE PLANNING INSTITUTIONS
- 10 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 10. Functions of the Cabinet Secretary
The Cabinet Secretary is assigned the function of formulating a national policy on physical and land use planning.
Section 10. Functions of the Cabinet Secretary Section formulating a national policy on physical and land use planning; - 11 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 11. Director-General of Physical and Land Use Planning
Establishes the office of the Director-General of Physical and Land Use Planning; the Director-General must advise and be responsible to the Cabinet Secretary and holds office for a three-year term renewable once.
Section 11. Director-General of Physical and Land Use Planning Section 11(1) There is established the office of the Director-General of Physical and Land Use Planning which shall be an office in the public service. Section 11(2) The Director-General of Physical and Land Use Planning shall advise and be responsible to the Cabinet Secretary responsible for physical and land use planning. Section 11(3) The Director-General of Physical and Land Use Planning shall hold office for a term of three years, renewable once. - 12 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 12. Qualifications of the Director- General of Physical and Land Use Planning
The Director- General of Physical and Land Use Planning must be a citizen of Kenya.
Section 12. Qualifications of the Director- General of Physical and Land Use Planning Section is a citizen of Kenya; - 13 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 13. Responsibilities of the Director-General of Physical and Land Use Planning
The Director-General of Physical and Land Use Planning must advise the government on strategic physical and land use planning matters that impact the whole country.
Section 13. Responsibilities of the Director-General of Physical and Land Use Planning Section advising the government on strategic physical and land use planning matters that impact on the whole country; - 14 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 14. County Physical and Land Use Planning Consultative Forum
Establishes a County Physical and Land Use Planning Consultative Forum in each county and lists its membership; the County Executive Committee Member responsible for physical and land use planning shall be Chairperson and provide the secretariat.
Section 14. County Physical and Land Use Planning Consultative Forum Section 14(1) There is established a County Physical and Land Use Planning Consultative Forum in each county. Section 14(2)(a) the respective County Executive Committee Member responsible for matters related to physical and land use planning, who shall be the Chairperson and shall provide the secretariat; Section 14(2)(b) the County Director of physical and land use Planning; Section 14(2)(c) the Chairperson of the committee responsible for matters related to physical and land use planning in the respective county assembly; Section 14(2)(d) the County Executive Committee Member responsible for matters related to economic planning; Section 14(2)(e) the County Executive Committee Member responsible for matters related to the environment; Section 14(2)(f) the County Executive Committee Member responsible for matters related to roads and infrastructure; Section 14(2)(g) the County Executive Committee Member responsible for matters related to social and community development; Section 14(2)(h) a person nominated by the Commission; Section 14(2)(i) a person nominated by the Director-General of Physical and Land Use Planning; Section 14(2)(j) a person residing and working or conducting business in the respective county nominated by the Kenya Institute of Planners; Section 14(2)(k) a person residing and working or conducting business in the respective county nominated by the Institution of Surveyors of Kenya; Section 14(2)(l) a person residing and working or conducting business in the respective county nominated by the Architectural Association of Kenya; Section 14(2)(m) a person residing and working or conducting business in the respective county nominated by Kenya Private Sector Alliance; Section 14(2)(n) a person residing and working or conducting business in the respective county nominated by the registered associations representing residents in the county; Section 14(2)(o) a person residing and working or conducting business in the respective county nominated by the National Council for Persons with Disability; and Section 14(2)(p) any person co-opted by the County Physical and Land Use Planning Consultative Forum for that person's special skills, interest and knowledge. Section 14(3) The respective County Executive Committee Member shall appoint members nominated under subsection (2)(h), (i), (j), (k), (l), (m), (n), (o) and (p) by notice in the Gazette . - 15 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 15. Functions of the County Physical and Land Use Planning Consultative Forum
The County Physical and Land Use Planning Consultative Forum provides a forum for consultation on county and inter-county physical and land use development plans.
Section 15. Functions of the County Physical and Land Use Planning Consultative Forum Section provide a forum for consultation on County and Inter-County Physical and Land Use Development Plans; - 16 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 16. County Physical and Land Use Planning Consultative Forum Meetings
The County Physical and Land Use Planning Consultative Forum must meet at least four times a year; it may regulate its procedure (subject to this Act and relevant county legislation) and may establish committees for effective performance of its functions.
Section 16. County Physical and Land Use Planning Consultative Forum Meetings Section 16(1) The County Physical and Land Use Planning Consultative Forum shall meet at least four times in a year. Section 16(2) Subject to this Act and any relevant county legislation, the County Physical and Land Use Planning Consultative Forum may regulate its procedure. Section 16(3) The County Physical and Land Use Planning Consultative Forum may establish committees for the effective performance of its functions. - 17 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 17. Responsibilities of the County Executive Committee Member
The County Executive Committee Member is responsible for formulating a county policy on physical and land use planning.
Section 17. Responsibilities of the County Executive Committee Member Section formulating a county policy on physical and land use planning; and - 18 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 18. County Director of Physical and Land Use Planning
The County Director of Physical and Land Use Planning must advise and be responsible to the County Executive Committee Member.
Section 18. County Director of Physical and Land Use Planning Section 18(1) There is established the office of the County Director of Physical and Land Use Planning which shall be an office in the county public service. Section 18(2) The County Director of Physical and Land Use Planning shall advise and be responsible to the County Executive Committee Member. - 19 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 19. Qualifications of a County Director of Physical and Land Use Planning
States that a County Director of Physical and Land Use Planning is a citizen of Kenya.
Section 19. Qualifications of a County Director of Physical and Land Use Planning Section is a citizen of Kenya; - 20 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 20. Responsibilities of the County Director of Physical and Land Use Planning
The County Director of Physical and Land Use Planning must advise the county government on physical and land use planning matters that impact the county.
Section 20. Responsibilities of the County Director of Physical and Land Use Planning Section advising the county government on physical and land use planning matters that impact the county; - 6 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 6. National Physical and Land Use Planning Consultative Forum
Establishes the National Physical and Land Use Planning Consultative Forum, lists its membership, makes the Cabinet Secretary responsible as Chairperson and secretariat provider, and requires the Cabinet Secretary to appoint certain nominated members by Gazette notice.
Section 6. National Physical and Land Use Planning Consultative Forum Section 6(1) There is established the National Physical and Land Use Planning Consultative Forum. Section 6(2)(a) the Cabinet Secretary for the time being responsible for matters related to physical and land use planning, who shall be the Chairperson and shall provide the secretariat; Section 6(2)(b) the Director-General of Physical and Land Use Planning; Section 6(2)(c) three governors appointed by the Council of Governors or their respective designated representatives; Section 6(2)(d) the Chairperson of the National Land Commission or a designated member of the Commission; Section 6(2)(e) the Cabinet Secretary for the time being responsible for matters related to economic planning or a designated principal secretary; Section 6(2)(f) the Cabinet Secretary for the time being responsible for matters related to the environment or a designated principal secretary; Section 6(2)(g) the Cabinet Secretary for the time being responsible for matters related to roads and infrastructure or a designated principal secretary; Section 6(2)(h) the Cabinet secretary for the time being responsible for matters related to social and community development or a designated principal secretary; Section 6(2)(i) the Cabinet Secretary for the time being responsible for matters related to culture or a designated principal secretary; Section 6(2)(j) the Cabinet Secretary for the time being responsible for matters related to defence or a designated principal secretary; Section 6(2)(k) a person nominated by the Kenya Institute of Planners; Section 6(2)(l) a person nominated by the Institution of Surveyors of Kenya; Section 6(2)(m) a person nominated by the Architectural Association of Kenya; Section 6(2)(n) a person nominated by the Kenya Private Sector Alliance and appointed by the Cabinet Secretary; Section 6(2)(o) a person nominated by the registered associations representing residents; Section 6(2)(p) a person nominated by the National Council for Persons with Disability; and Section 6(2)(q) any person co-opted by the Forum for that person's special skills, interest and knowledge. Section 6(3) The Cabinet Secretary shall appoint members nominated under subsection (2)(k), (l), (m), (n), (o), (p) and (q) by notice in the Gazette . - 7 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 7. Functions of the National Physical and Land Use Planning Consultative Forum
The National Physical and Land Use Planning Consultative Forum is to provide a forum for consultation on the national physical and land use development plan.
Section 7. Functions of the National Physical and Land Use Planning Consultative Forum Section provide a forum for consultation on the national physical and land use development plan; - 8 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 8. National Physical and Land Use Planning Consultative Forum Meetings
The National Physical and Land Use Planning Consultative Forum must meet at least four times a year; it may regulate its procedure and may establish committees to perform its functions effectively.
Section 8. National Physical and Land Use Planning Consultative Forum Meetings Section 8(1) The National Physical and Land Use Planning Consultative Forum shall meet at least four times in a year. Section 8(2) Subject to this Act, the National Physical and Land Use Planning Consultative Forum may regulate its procedure. Section 8(3) The National Physical and Land Use Planning Consultative Forum may establish committees for the effective performance of its functions. - 9 Verify source ↗
PHYSICAL AND LAND USE PLANNING INSTITUTIONS - 9. Functions of the National Land Commission
The National Land Commission monitors and oversees land use planning throughout the country.
Section 9. Functions of the National Land Commission Section monitor and oversee land use planning throughout the country;
Part III
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS
- 21 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 21. The National Physical and Land Use Development Plan
The Cabinet Secretary must cause the Director-General of Physical and Land Use Planning to prepare the National Physical and Land Use Development Plan for approval and publication.
Section 21. The National Physical and Land Use Development Plan Section 21(1) The Cabinet Secretary shall cause the Director- General of Physical and Land Use Planning to prepare the National Physical and Land Use Development Plan for approval and publication in accordance with this Part. Section 21(2)(a) shall cover an implementation period of twenty years; and Section 21(2)(b) may be reviewed after ten years or as necessary when special needs arise. - 22 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 22. Purpose and objects of the National Physical and Land Use Development Plan
The National Physical and Land Use Development Plan must set strategic policies that determine overall physical and sectoral development directions in Kenya and provide a framework for land use and development.
Section 22. Purpose and objects of the National Physical and Land Use Development Plan Section 22(1) The National Physical and Land Use Development Plan shall define strategic policies for the determination of the general direction and trends of physical, and sectoral development in Kenya and provide a framework for the use and development of land. Section 22(2)(a) environmental conservation, protection and improvement; Section 22(2)(b) promoting social and economic development including national competitiveness; Section 22(2)(c) promoting balanced national development; Section 22(2)(d) optimal use of land and natural resources; Section 22(2)(e) formulation of national physical and land use development planning policies; Section 22(2)(f) guiding inter-county, county and local planning; Section 22(2)(g) co-ordinating sectoral planning and development; Section 22(2)(h) managing human settlements; and Section 22(2)(i) providing a framework for guiding the location and development of strategic national investments and infrastructural development. - 23 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 23. Procedure for preparation of the National Physical and Land Use Development Plan
The Cabinet Secretary must, at least fourteen days before starting to prepare a National Physical and Land Use Development Plan, publish a notice in the Gazette, in at least two national newspapers and through electronic media of the intention to prepare the plan.
Section 23. Procedure for preparation of the National Physical and Land Use Development Plan Section 23(1)(a) consider relevant national policies; Section 23(1)(b) promote the safeguarding of national security; Section 23(1)(c) ensure effective participation by the public and relevant stakeholders; and Section 23(1)(d) consult the National Physical and Land Use Planning Consultative Forum prior to the initiation of the National Physical and Land Use Development Plan and submit the proposed plan to the National Physical and Land Use Planning Consultative Forum for consideration and input before its final approval. Section 23(2) The Cabinet Secretary shall, at least fourteen days before commencement of the preparation of a National Physical and Land Use Development Plan, publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media of the intention to prepare a National Physical and Land Use Development Plan. Section 23(3) A notice published in accordance with this section shall state the objectives of National Physical and Land Use Development Plan, the purpose of the National Physical and Land Use Development Plan, the information to be set out in the plan and the places where members of the public may provide written comments on the National Physical and Land Use Development Plan. - 24 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 24. Content of National Physical and Land Use Development Plan
The Director-General must take into account matters in the First Schedule when preparing the National Physical and Land Use Development Plan; the plan’s preparation must be completed within twenty four months of publishing the intention to prepare it; and the Cabinet Secretary may extend that preparation period by one year by notice in the Gazette.
Section 24. Content of National Physical and Land Use Development Plan Section 24(1)(a) the objectives of the plan; Section 24(1)(b) an analysis of the state of physical and land use development in Kenya; and Section 24(1)(b)(i) an analysis of the state of physical and land use development in Kenya; and Section 24(1)(b)(ii) the relevant studies and reports concerning physical and land use development in Kenya; Section 24(1)(c) policies, strategies and measures necessary to optimize opportunities and potentials and resolve challenges relating to physical and land use development planning in Kenya; Section 24(1)(d) maps and plans showing current and anticipated physical and land use patterns; Section 24(1)(e) an implementation framework; Section 24(1)(f) a monitoring and evaluation strategy; and Section 24(1)(g) such other information as may be necessary. Section 24(2) The Director-General of Physical and Land Use Planning shall, in addition to what is provided for in subsection (1), take into account matters specified in the First Schedule to this Act. Section 24(3) The preparation of the National Physical and Land Use Development Plan shall be completed within twenty four months after the publication of the intention to prepare the plan. Section 24(4) The Cabinet Secretary may, by notice in the Gazette , extend the period within which a National Physical and Land Use Development Plan is to be prepared by one year. - 25 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 25. Notice of preparation of National Physical and Land Use Development Plan
The Cabinet Secretary must publish notices and consider public comments on the draft National Physical and Land Use Development Plan within specified time limits; interested persons may comment and may apply for review within set periods.
Section 25. Notice of preparation of National Physical and Land Use Development Plan Section 25(1) Within thirty days of the preparation of the National Physical and Land Use Development Plan, the Cabinet Secretary shall publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media informing the public that the draft National Physical and Land Use Development 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 draft National Physical and Land Use Development Plan. Section 25(2) The Cabinet Secretary shall, within twenty-one days of the expiry of the period for making comments under subsection (1), consider the comments made on the National Physical and Land Use Development Plan and may incorporate the comments in the plan. Section 25(3) Within seven days of making a decision under subsection (2), the Cabinet Secretary shall publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media informing the public that a decision on the comments received by the Cabinet Secretary has been made and that the reviewed draft National Physical and Land Use Development Plan is available at the places and times designated in the notice for perusal. Section 25(4) A person dissatisfied with the decision of the Cabinet Secretary may, within fourteen days of the publication of the notice under subsection (3), apply to the Cabinet Secretary for review of his or her decision and the Cabinet Secretary shall consider the same and communicate his or her decision within sixty days of receipt of application for review. - 26 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 26. Approval of National Physical and Land Use Development Plan
Specifies steps for approval of the National Physical and Land Use Development Plan: the Cabinet Secretary must submit a draft to the Consultative Forum (if no outstanding review applications), the Forum may propose changes, and after Cabinet and Parliamentary approval the Cabinet Secretary must publish the approved plan within fourteen days.
Section 26. Approval of National Physical and Land Use Development Plan Section 26(1) If there have been no applications for review of the decision of the Cabinet Secretary or if the applications for review have been heard and determined, the Cabinet Secretary shall submit the draft National Physical and Land Use Development Plan to the National Physical and Land Use Planning Consultative Forum for comments. Section 26(2) The National Physical and Land Use Planning Consultative Forum shall consider the plan and may propose changes which shall be incorporated in the plan. Section 26(3) Upon incorporation of the proposed changes by the National Physical and Land Use Planning Consultative Forum, the plan shall be submitted to the Cabinet for approval. Section 26(4) Upon approval by the Cabinet, the Cabinet Secretary shall submit the plan to Parliament for consideration and approval. Section 26(5) Upon approval by Parliament, the Cabinet Secretary, shall publish the approved plan in the Gazette , in at least two newspapers of national circulation and through electronic media within fourteen days of the approval of the National Physical and Land Use Development Plan. - 27 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 27. Implementation of a National Physical and Land Use Development Plan
Planning authorities must base the preparation of inter-county, county, city, urban area and sectoral physical and land use development plans on the National Physical and Land Use Development Plan; and county-level planning authorities must prepare County and Local Physical and Land Use Development Plans even if a National Plan is lacking.
Section 27. Implementation of a National Physical and Land Use Development Plan Section 27(1) The planning authorities shall base the preparation of inter-county physical and land use development plans, integrated county physical and land use development plans, city physical and land use development plans, urban area physical and land use development plans and sectoral plans on the National Physical and Land Use Development Plan. Section 27(2) Notwithstanding the lack of a National Physical and Land Use Development Plan, planning authorities at the county level shall prepare County and Local Physical and Land Use Development Plans. - 28 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 28. Status Reports
Public institutions responsible for applying or implementing a National Physical and Land Use Development Plan must prepare and submit a status report at least three months before the end of the financial year to the Cabinet Secretary or the County Executive Committee member and the Commission; the National Land Commission must publish those status reports on its website.
Section 28. Status Reports Section 28(1) At least three months before the end of the financial year, each public institution of a government that is responsible for the application or the implementation of a National Physical and Land Use Development Plan shall prepare and submit a status report on the implementation of the National Physical and Land Use Development Plan to the Cabinet Secretary or the County Executive Committee member and the Commission for their purposes. Section 28(2) The status reports submitted under this section, shall be published by the National Land Commission on its website for information. - 29 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 29. Establishment of Inter-County Joint Physical and Land Use Planning Committees
Counties may jointly formulate an inter-county physical and land use development plan; in preparing such a plan the counties must form an Inter-County Joint Physical and Land Use Planning Committee whose members are specified; the committee may co-opt others; the committee members must elect a Chair and vice-Chair at the first meeting; the Director-General must convene the first meeting and provide secretariat services and coordinate meetings.
Section 29. Establishment of Inter-County Joint Physical and Land Use Planning Committees Section 29(1) Two or more Counties may, by mutual agreement or out of compelling necessity, formulate an inter-county physical and land use development plan. Section 29(2) In the preparation of the Inter-County physical and land use development plan, the counties shall form an Inter-County Joint Physical and Land Use Planning Committee. Section 29(3)(a) the county executive committee member of the respective counties; Section 29(3)(b) two other relevant county executive committee members from the respective counties nominated by the relevant county governor; and Section 29(3)(c) the Director-General of Physical and Land Use Planning who shall be an ex-officio member of the Committee. Section 29(4) The inter-county joint physical and land use planning committee may co-opt such other persons as may be necessary to assist it in performance of its duties. Section 29(5) The members of the inter-county joint physical and land use planning committee appointed under subsection (3)(a) and (b) shall, during the first meeting of the Committee, elect from amongst themselves a Chairperson and a vice-Chairperson provided that the Chairperson and the vice-Chairperson shall not be county executive committee members from the same county. Section 29(6) The Director-General of Physical and Land Use Planning shall, in consultation with the other members of the Committee, convene the first meeting. Section 29(7) The Director-General of Physical and Land Use Planning shall co-ordinate meetings of the inter-county joint physical and land use planning committee and provide it with secretariat services. - 30 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 30. Scope of the Inter-County Physical and Land Use Development Plan
Section defines the scope of the Inter-County Physical and Land Use Development Plan.
Section 30. Scope of the Inter-County Physical and Land Use Development Plan Section define the scope of the plan; and - 31 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 31. Commencement of Inter-County Physical and Land Use Planning Process
The Inter-County Physical and Land Use Planning Joint Committee must publish a notice of intention to prepare an inter-county plan, the notice must state the committee's constitution, reasons and address for comments, the committee must prepare and complete the plan within two years of that notice, and must consult, publish, consider national security and hold stakeholders' meetings during preparation.
Section 31. Commencement of Inter-County Physical and Land Use Planning Process Section 31(1) The Inter-County Physical and Land Use Planning Joint Committee preparing an Inter-County Physical and Land Use Development Plan shall publish a notice of intention to prepare a plan in the Gazette , in at least two newspapers with a national circulation and through electronic media. Section 31(2) The notice published under subsection (1) shall state the constitution of the Inter-County Physical and Land Use Planning Joint Committee, the broad reasons for the constitution of the joint committee and the joint committee's address where comments on the plan may be submitted. Section 31(3) The joint committee shall prepare and complete the Inter-County Physical and Land Use Development Plan within two years from the time notice of intention to prepare the plan is published. Section 31(4) The joint committee shall consult, publish, consider national security and hold stakeholders' meetings during the preparation of the Inter-County Physical and Land Use Development Plan. - 32 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 32. Notice of and objections to an Inter-County Physical and Land Use Development Plan
Sets publication, comment, decision, and appeal procedures for Inter-County Physical and Land Use Development Plans, including time limits for notices, commenting, committee decision-making, and appeals.
Section 32. Notice of and objections to an Inter-County Physical and Land Use Development Plan Section 32(1) Within thirty days of the completion of an Inter-County Physical and Land Use Development Plan, the Inter-County Physical and Land Use Planning Joint Committee 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. Section 32(2) The Inter-County Physical and Land Use Planning Joint Committee shall, within twenty-one days of the expiry of the period for making comments under subsection (1), consider the comments made about the plan and may or may not incorporate the comments in the plan. Section 32(3) Within seven days of making a decision under subsection (2), the Inter-County Physical and Land Use Planning Joint Committee 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 by the joint committee has been made and that the reviewed draft Inter-County Physical and Land Use Development Plan is available for perusal at the place and time specified in the notice. Section 32(4) Any person dissatisfied with the decision of the Inter-County Physical and Land Use Planning Joint Committee 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 (60) days of the receipt of the application. Section 32(5) 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. - 33 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 33. Approval of an Inter-County Physical and Land Use Development Plan
Section 33 requires County Executive Committee members of participating counties to submit inter-county plans to their County Assemblies and then to the Director-General; the Inter-County Joint Committee must publish notice within thirty days; governors must adopt the plan at a joint meeting organized by the Joint Committee; approved plans must be deposited with the County Director who shall submit certified copies to the Director-General and the Commission.
Section 33. Approval of an Inter-County Physical and Land Use Development Plan Section 33(1) The County Executive Committee members of all counties participating in the Inter-County physical and land use development plan shall separately submit the plans to the respective County Assemblies for approval and thereafter submit the same to the Director-General of Physical and Land Use Planning for coordination and certification. Section 33(2) Within thirty days of the completion of an Inter-County Physical and Land Use Development Plan or if comments on the plan have been heard and determined, the Inter-County Physical and Land Use Planning Joint Committee shall publish a notice in the Gazette and in at least two newspapers of national circulation informing the public that the Inter-County Physical and Land Use Development Plan is available for perusal at the place and time specified in the notice. Section 33(3) Before the Inter-County Physical and Land Use Development Plan can be implemented, the governors of the relevant counties shall adopt the plan at a joint meeting of the relevant governors that shall be organized by the Inter-County Physical and Land Use Planning Joint Committee. Section 33(4) The approved Inter-County Physical and Land Use Development Plan shall be deposited with the relevant County Director of Physical and Land Use Planning who shall submit certified copies of the plan to the Director- General of Physical and Land Use Planning and the Commission. - 34 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 34. Implementation of the Inter-County Physical and Land Use Development Plan
The Inter‑County Physical and Land Use Development Plan must inform preparation of county, local or urban area physical and land use development plans for county governments within its planning area; if no national or inter‑county plan exists, county governments may prepare other plans that will later be incorporated into the national or relevant inter‑county plan once prepared and approved under the Act.
Section 34. Implementation of the Inter-County Physical and Land Use Development Plan Section 34(1) In addition to the national physical and land use development plan, the Inter-County Physical and Land Use Development Plan shall inform the preparation of a county physical and land use development plan, a local physical and land use development plan or an urban area physical and land use development plan for the county governments within the planning area covered by the Inter-County Physical and Land Use Development Plan. Section 34(2) Where a National Physical and Land Use Development Plan and an Inter-County Physical and Land Use Development Plan have not been prepared or approved, county governments may prepare other physical and land use development plans which will be incorporated into the National Physical and Land Use Development Plan or the relevant Inter-County Physical and Land Use Development Plan after they have been prepared and approved in accordance with this Act. - 35 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 35. Status Reports on an Inter-County Physical and Land Use Development Plan
Every county executive committee member in a county covered by an Inter-County Physical and Land Use Development Plan must submit a report on implementation of the Plan to the Commission and the Cabinet Secretary.
Section 35. Status Reports on an Inter-County Physical and Land Use Development Plan Section At least three months before the end of a financial year, every county executive committee member in a county covered by an Inter-County Physical and Land Use Development Plan shall submit a report on the implementation of the Plan to the Commission and the Cabinet Secretary for their purposes. - 36 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 36. County Physical and Land Use Development Plan
County governments must prepare a county physical and land use development plan once every ten years; the county executive committee member must ensure the plan is prepared and published within eighteen months after notice of intention to prepare the plan is published.
Section 36. County Physical and Land Use Development Plan Section 36(1) Once in every ten years, a county government shall prepare a county physical and land use development plan for that county. Section 36(2) Each county physical and land use development plan shall be in conformity with the National Physical and Land Use Development Plan and any relevant Inter-County Physical and Land Use Development Plan. Section 36(3) The county executive committee member shall ensure the county physical and land use development plan is prepared and published within a period of eighteen months from the time notice of intention to prepare the plan is published. - 37 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 37. Purpose and objects of a county physical and land use development plan
Provide an overall physical and land use development framework for the county.
Section 37. Purpose and objects of a county physical and land use development plan Section to provide an overall physical and land use development framework for the county; - 38 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 38. Notice of intention to prepare a county physical and land use development plan
The county executive member must publish a Gazette notice at least twenty-one days before starting preparation of a county physical and land use development plan, stating the intention, the plan's objects, matters to be considered and an address for comments; the county planning authority must hold adequate stakeholder meetings in each ward before the plan is completed.
Section 38. Notice of intention to prepare a county physical and land use development plan Section 38(1) At least twenty-one days before commencing the preparation of a county physical and land use development plan, the county executive member shall publish a notice in the Gazette and the notice shall include the intention to prepare a county physical and land use development plan, the objects of the plan and the matters to be considered in the plan and the address to which any comments on the plan may be sent. Section 38(2) The notice shall be displayed for a period of fourteen days at the offices of the county government and such other places as may be necessary in all the wards within the county. Section 38(3) The county planning authority shall hold adequate stakeholder meetings in each ward before the completion of the preparation of the county physical and land use development plan. - 39 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 39. Contents of a county physical and land use development plan
Section 39 lists required contents of a county physical and land use development plan (subsections (1)(a)–(g)) and obliges the county government to take into account the matters in the First Schedule.
Section 39. Contents of a county physical and land use development plan Section 39(1)(a) policies, strategies and general proposals for the development and use of land; Section 39(1)(b) a summary of the situational analysis; Section 39(1)(c) proposals for proper county development, resource utilization and linkage with neighboring counties; Section 39(1)(d) diagrams, illustrations and description of current and anticipated developments in the county; Section 39(1)(e) an implementation strategy; Section 39(1)(f) a reporting, monitoring and evaluation strategy; and Section 39(1)(g) any other matters as may be prescribed. Section 39(2) In addition to the provisions of subsection (1) the county government shall take into account those matters specified in the First Schedule. - 40 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 40. Public Participation in the preparation of a county physical and land use development plan
Section 40 requires the county planning authority to publish notice of a draft county physical and land use development plan within thirty days and sets procedures for public participation, consideration of comments, appeals to a liaison committee and further appeal to the Environment and Land Court.
Section 40. Public Participation in the preparation of a county physical and land use development plan Section 40(1) Within thirty days of the preparation of a county physical and land use development plan, the county planning authority shall publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media informing the public that the draft county physical and land use development plan is available at the places and times specified in the notice. Section 40(2) The county executive committee member shall facilitate public participation. Section 40(3) The county executive committee member shall consider the comments made about the draft county physical and land use development plan and may incorporate the comments in the plan. Section 40(4) A person aggrieved by a decision of the county planning authority concerning the county physical and land use development plan or matters connected therewith, may within sixty days of receipt by him of notice of such decision, appeal to the county physical and land use planning liaison committee in writing against the decision in such manner as may be prescribed. Section 40(5) Subject to subsection (4), the county physical and land use planning liaison committee may reverse, confirm or vary the decision appealed against and make such order as it deems necessary or expedient to give effect to its decision. Section 40(6) When a decision is reversed by the county physical and land use planning liaison committee it shall, before making any order under subsection (5), afford the county planning authority an opportunity of making representations as to any conditions or requirements which in his opinion ought to be included in the order, and shall also afford the appellant an opportunity to replying to such representations. Section 40(7) Any person aggrieved by a decision of the County Physical and Land Use Planning Liaison Committee under this section may appeal to the Environment and Land Court against such decision in accordance with the rules of procedure for the time being applicable to the High Court. - 41 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 41. Completion and approval of a county physical and land use development plan
Sets steps for completing and approving a county physical and land use development plan, including submission for comments, incorporation of changes, submission to the governor and assembly, publication after approval, and a prohibition on development not in conformity.
Section 41. Completion and approval of a county physical and land use development plan Section 41(1) If there are no applications for the review of a county physical and land use development plan or if all applications for review have been heard and determined, the county executive committee member shall submit the draft county physical and land use development plan to the County Physical and Land Use Planning Consultative Forum for comments. Section 41(2) The County Physical and Land Use Planning Consultative Forum shall consider the plan and may propose changes which shall be incorporated in the plan. Section 41(3) Upon incorporation of the proposed changes by the County Physical and Land Use Planning Consultative Forum, the county executive committee member shall submit the completed county physical land use development plan to the county governor who shall cause it to be placed before the county assembly for approval. Section 41(4) On the approval of the county physical and land use development plan by the respective county assembly, the county executive committee member shall publish the approved plan in the Gazette and in at least two newspapers with a national circulation within fourteen days of the approval and no development shall take place on any land unless it is in conformity with the approved plan. Section 41(5) A county physical and land use development plan shall be the basis for the preparation of sectoral programmes and projects in the county and sub-county levels. - 42 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 42. Modification of a County Physical and Land Use Development Plan
Sets how a county physical and land use development plan may be modified and prescribes publication, consultation and public participation requirements when amendments are made, and who may propose amendments.
Section 42. Modification of a County Physical and Land Use Development Plan Section 42(1)(a) there are practical difficulties in the execution or enforcement of that county physical and land use development plan; or Section 42(1)(b) there has been a change of circumstances since the county physical and land use development plan was approved. Section 42(2) On the approval of the county government, the County Executive Committee member shall publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media notifying any interested parties of the proposed amendments to the county physical and land use development plan and the period within which interested parties may make representations to the County Executive Committee member. Section 42(3)(a) state the reasons for the proposed amendment; Section 42(3)(b) comply with the relevant provisions of the County Governments Act (Cap. 265); and Section 42(3)(c) be in conformity with the National Physical and Land Use Development Plan and all relevant Inter-County Physical and Land Use Development Plans. Section 42(4) Where a county executive committee member determines that a proposed amendment to the county physical and land use development plan shall affect other counties, the county executive committee member shall consult the county executive committee members in the counties that are likely to be affected and shall take into account their comments before incorporating the amendment to the county physical and land use development plan. Section 42(5) During the process of amending a county physical and land use development plan, the county executive committee member shall ensure public participation. Section 42(6) The amended county physical and land use development plan shall be published by the county planning authority in accordance with section 41 of this Act. Section 42(7) This section shall not prevent the national government or a person ordinarily resident in a county from proposing an amendment to the county physical and land use development plan. - 43 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 43. Revision of a county physical and land use development plan
A county executive committee member may only begin revising a county physical and land use development plan after eight years from the plan's publication in the Gazette.
Section 43. Revision of a county physical and land use development plan Section 43(1) A county executive committee member may only initiate the process of revising a county physical and land use development plan after eight years have elapsed since the county plan was published in the Gazette . Section 43(2) The provisions of section 42 of this Act shall apply with the necessary modifications to the revision of a county physical and land use development plan. - 44 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 44. Contents of the National, Inter-County and County Physical and Land Use Development Plans
The National, Inter-County and County Physical and Land Use Development Plans must provide for the matters specified in the First Schedule, in addition to the provisions of sections 24, 30 and 39.
Section 44. Contents of the National, Inter-County and County Physical and Land Use Development Plans Section In addition to the provisions of sections 24 , 30 and 39 , the National, Inter-County and the County Physical and Land Use Development Plans shall provide for the matters specified in the First Schedule. - 45 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 45. Local Physical and Land Use Development Plan
County governments must prepare a local physical and land use development plan for a city, municipality, town or unclassified urban area.
Section 45. Local Physical and Land Use Development Plan Section 45(1) A county government shall prepare a local physical and land use development plan in respect of a city, municipality, town or unclassified urban area as the case may be. Section 45(2) A local physical and land use development plan may be for long-term physical and land use development, short-term physical and land use development, urban renewal or redevelopment and for the purposes set out in the Second Schedule in relation to each type of plan. Section 45(3) A local physical and land use development plan shall be consistent with an Integrated City or Urban Development Plan as contemplated under Part V of the Urban Areas and Cities Act (Cap. 275). - 46 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 46. Purpose of a Local Physical and Land Use Development Plan
The purpose of a Local Physical and Land Use Development Plan includes zoning, urban renewal, or redevelopment.
Section 46. Purpose of a Local Physical and Land Use Development Plan Section zoning, urban renewal, or redevelopment; - 47 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 47. Initiation and preparation of local physical and land use development plan
The county executive committee member may initiate the preparation of a local physical and land use development plan.
Section 47. Initiation and preparation of local physical and land use development plan Section The preparation of a local physical and land use development plan may be initiated by the county executive committee member. - 48 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 48. Contents of a Local Physical and Land Use Development Plan
Specifies required contents of a local physical and land use development plan, including a survey report carried out as specified in the Second Schedule, GIS-based maps and descriptions as necessary to indicate land use per the Second Schedule, and that the survey report should include technical annexes and a sieve analysis of gradient, environment and infrastructure.
Section 48. Contents of a Local Physical and Land Use Development Plan Section 48(1)(a) a survey report in respect of the area to which the plan relates carried out as the manner specified in the Second Schedule; and Section 48(1)(b) any Geographical Information System-based maps and descriptions as may be necessary to indicate the manner in which the land in the area may be used in accordance with the requirements of the Second Schedule. Section 48(2) The survey report in a local physical and land use development plan should include technical annexes and a sieve analysis of gradient, environment and infrastructure so as to provide for maximum locations for new developments. - 49 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 49. Notice of objections and approvals to a Local Physical and Land Use Development Plan
A county planning authority must publish a notice within thirty days after preparing a local plan, in the Gazette, in at least two national newspapers and by electronic media, saying where the plan can be inspected and that interested persons may comment.
Section 49. Notice of objections and approvals to a Local Physical and Land Use Development Plan Section 49(1) Within thirty days of the preparation of a local physical and land use development plan, a county planning authority 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 inspection and that an interested person may comment on the content of the plan. Section 49(2) The provisions of section 40 relating to the making of representations or objections to the county physical and land use planning liaison committee concerning county physical and land use development plans and to the consideration by the committee of such representations or objections and to appeals shall apply mutatis mutandis to this section. Section 49(3) The provisions of section 41 relating to the approval or disapproval of a county physical and land use development plan shall apply mutatis mutandis to the approval or disapproval of a local physical and land use development plan. - 50 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 50. Publication of Local Physical and Land Use Development Plans
The County Executive Committee member must publish a notice within fourteen days after approval of a local physical and land use development plan.
Section 50. Publication of Local Physical and Land Use Development Plans Section The County Executive Committee member shall within fourteen days after the approval of a local physical and land use development plan publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media that the plan has been approved with or without modification and that the plan may be inspected at the place or places and times specified in the notice during normal working hours. - 51 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 51. Amendment or Revision of Local Physical and Land Use Development Plan
County Executive Committee members must follow the procedures in section 42 when they intend to amend or revise a local physical and land use development plan; a County Executive Committee member may start a revision after three years from approval or when needed.
Section 51. Amendment or Revision of Local Physical and Land Use Development Plan Section 51(1)(a) there are practical difficulties in the implementation of the plan; or Section 51(1)(b) there has been change of circumstances since the plan was approved. Section 51(2) Where the county executive committee member intends to amend or revise a local physical and land use development plan, the provisions of section 42 shall apply with the necessary modifications. Section 51(3) A County Executive Committee member may initiate the revision of a local physical and land use development plan after a period of three years after the plan has been approved in accordance with section 51 of this Act or as the need may arise. - 52 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 52. Declaration of a Special Planning Area
County governments must declare special planning areas by Gazette notice and specify the area and nature of proposed development; the county executive committee member has the power to suspend development in such an area for up to two years by Gazette notice; county planning authorities may publish regulations to promote public participation.
Section 52. Declaration of a Special Planning Area Section 52(1)(a) that area has unique development, natural resource, environmental potential or challenges; Section 52(1)(b) that area has been identified as suitable for intensive and specialized development activity; Section 52(1)(c) the development of that area might have significant effect beyond that area's immediate locality; Section 52(1)(d) the development of that area raises significant urban design and environmental challenges; or Section 52(1)(e) the declaration is meant to guide the implementation of strategic national projects; or guide the management of internationally shared resources. Section 52(2) Where a county government has declared an area as a special planning area, the county executive committee member may, by notice in the Gazette , suspend for a period of not more than two years any development in the special planning area until a physical and land use development plan in respect of that area has been approved. Section 52(3) Despite subsection (2), where planning permission has been granted in an area declared to be a special planning area before the declaration is made, the permitted development shall be permitted to continue but only if planning permission was granted more than six months before the declaration of the special planning area. Section 52(4) The county government shall declare an area as a special planning area by notice in the Gazette and in at least two newspapers of national circulation and the notice shall specify the area declared as a special planning area and the nature of the proposed development for which the declaration has been made. Section 52(5) A county planning authority may publish such Regulations as may be necessary to promote public participation during the process of declaring an area a special planning area. Section 52(6) A physical and land use development plan prepared for a special planning area shall undergo the process of approval in accordance with section 49 of this Act. - 53 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 53. Contents of a Special Area Plan
Requires a written statement highlighting the grounds for declaring a special plan area.
Section 53. Contents of a Special Area Plan Section written statement highlighting the grounds for the declaration of a special plan area; - 54 Verify source ↗
TYPES OF PHYSICAL AND LAND USE DEVELOPMENT PLANS - 54. Plans to be made in accordance with this Act
All plans formulated under the Urban Areas and Cities Act (Cap. 275) must, with necessary modifications, be prepared and approved in accordance with this Act.
Section 54. Plans to be made in accordance with this Act Section All plans formulated under the Urban Areas and Cities Act (Cap. 275) shall, with necessary modifications, be prepared and approved in accordance with this Act.
Part IV
DEVELOPMENT CONTROL
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DEVELOPMENT CONTROL - 55. Objectives of development control
Lists the objectives of development control, including orderly land use, environmental protection, public safety and participation, proper implementation of plans, planned building development, and safeguarding national security.
Section 55. Objectives of development control Section 55(1)(a) to ensure orderly physical and land use development; Section 55(1)(b) to ensure optimal land use; Section 55(1)(c) to ensure the proper execution and implementation of approved physical and land use development plans; Section 55(1)(d) to protect and conserve the environment; Section 55(1)(e) to promote public safety and health; Section 55(1)(f) to promote public participation in physical and land use development decision-making; Section 55(1)(g) to ensure orderly and planned building development, planning, design, construction, operation and maintenance; and Section 55(1)(h) to promote the safeguarding of national security. Section 55(2) In addition to the provisions of subsection (1), development control may also relate to the matters specified in the Third Schedule - 56 Verify source ↗
DEVELOPMENT CONTROL - 56. Power to undertake development control
Gives power to prohibit or control the use and development of land and buildings to secure proper and orderly development of the area.
Section 56. Power to undertake development control Section prohibit or control the use and development of land and buildings in the interests of proper and orderly development of its area; - 57 Verify source ↗
DEVELOPMENT CONTROL - 57. Development permission
A person must not carry out development in a county without development permission from the respective county executive committee member.
Section 57. Development permission Section 57(1) A person shall not carry out development within a county without a development permission granted by the respective county executive committee member. Section 57(2) A person who commences any development without obtaining development permission commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two months or to both. Section 57(3) A county executive committee member shall require a person who has commenced a development without obtaining development permission to restore the land on which the development is taking place to its original condition or as near to its original condition as is possible and that such restoration shall take place within ninety days. Section 57(4) Where a person who is required to do so fails to comply with the provisions of subsection (3), the relevant county executive committee member may undertake to restore the land as required and shall recover the cost of the restoration from the person required to undertake the restoration. Section 57(5) A county executive committee member may revoke development permission if the applicant has contravened any provision of this Act or conditions imposed on the development permission for any justifiable cause. Section 57(6) A county executive committee member may modify the conditions imposed on development permission where circumstances require it or for any justifiable cause. - 58 Verify source ↗
DEVELOPMENT CONTROL - 58. Application for development permission
Persons must apply to the respective county executive committee member in the prescribed form and pay prescribed fees to obtain development permission; applicants must provide required documents, indicate proposed uses, population density and easements, obtain written owner consent if not the registered owner, notify the public as prescribed; if no written response is received within sixty days, permission is assumed.
Section 58. Application for development permission Section 58(1) A person shall obtain development permission from the respective county executive committee member by applying for development permission from that county executive committee member in the prescribed form and after paying the prescribed fees. Section 58(2) An applicant for development permission shall provide documents, plans and particulars as may be required by the respective county executive committee member to indicate the purposes of the proposed development. Section 58(3) An applicant for development permission shall indicate the proposed uses to which the land shall be put, the population density to which that land shall be subjected and the portion of the land the applicant shall provide for easements as a consequence of the applicant's proposed development. Section 58(4) Where an applicant is not the registered owner of the land for which development permission is being sought, that applicant shall obtain the written consent of the registered owner of that land and the applicant shall provide that written consent to the respective county executive committee member at the time of applying for development permission. Section 58(5) The development permission granted by a county executive committee member shall be subject to compliance with the provisions of any other written law. Section 58(6) Where an applicant does not receive written response for development permission within sixty days, such permission shall be assumed to have been given in terms of this Act. Section 58(7) A person applying for development permission shall also notify the public of the development project being proposed to be undertaken in a certain area in such a manner as the Cabinet Secretary shall prescribe. Section 58(8) The notification referred to under subsection (7), shall invite the members of the public to submit any objections on the proposed development project to the relevant county executive committee member for consideration. - 59 Verify source ↗
DEVELOPMENT CONTROL - 59. Plans and documents to be prepared by qualified person
Applicants for development permission must ensure application documents, plans and particulars are prepared by relevant qualified, registered and licensed professionals; persons who purport to prepare such documents must prove credentials and authenticate copies when asked by a county executive committee member.
Section 59. Plans and documents to be prepared by qualified person Section 59(1) A person applying for development permission shall ensure that any documents, plans and particulars that are provided to the respective county executive committee member while applying for development permission have been prepared by the relevant qualified, registered and licensed professionals. Section 59(2) A person who purports to prepare a document, plan or particulars required under this Act shall prove that person's credentials when asked to do so by a county executive committee member and shall be required to authenticate the copies of the documents, plans or particulars provided to the county executive committee member in that person's name. - 60 Verify source ↗
DEVELOPMENT CONTROL - 60. Development application referred to relevant authorities
Relevant authorities or agencies must, within fourteen days of receiving a copy of the development permission from a county executive committee member, submit their comments to the respective county executive committee member.
Section 60. Development application referred to relevant authorities Section 60(1)(a) land survey; Section 60(1)(b) roads and transport; Section 60(1)(c) agriculture and livestock; Section 60(1)(d) health; Section 60(1)(e) public works and utilities; Section 60(1)(f) environment and natural resources; Section 60(1)(g) urban development; Section 60(1)(h) national security in respect of land adjoining or within reasonable vicinity of safeguarding areas; and Section 60(1)(i) any other relevant authority. Section 60(2) Within fourteen days of receiving the copy of the development permission from a county executive committee member, the relevant authorities or agencies shall submit their comments to the respective county executive committee member. - 61 Verify source ↗
DEVELOPMENT CONTROL - 61. Decision making and communication
Applicants or interested parties may appeal decisions of a county executive committee member to a county liaison committee within 14 days; that committee must hear and determine the appeal within 14 days, and further appeal to the Environment and Land Court is permitted.
Section 61. Decision making and communication Section 61(1)(a) shall be bound by the relevant approved national, county, local, city, urban, town and special areas plans; Section 61(1)(b) shall take into consideration the provision of community facilities, environmental, and other social amenities in the area where development permission is being sought; Section 61(1)(c) shall take into consideration the comments made on the application for development permission by other relevant authorities in the area where development permission is being sought; Section 61(1)(d) shall take into consideration the comments made by the members of the public on the application for development permission made by the person seeking to undertake development in a certain area; and Section 61(1)(e) in the case of a leasehold property, shall take into consideration any special conditions stipulated in the lease. Section 61(2)(a) grant the applicant the development permission in the prescribed form and may stipulate any conditions it considers necessary when granting the development permission; or Section 61(2)(b) refuse to grant the applicant the development permission in the prescribed form and state the grounds for the refusal in writing. Section 61(3) An applicant or an interested party that is aggrieved by the decision of a county executive committee member regarding an application for development permission may appeal against that decision to the County Physical and Land Use Planning Liaison Committee within fourteen days of the decision by the county executive committee member and that committee shall hear and determine the appeal within fourteen days of the appeal being filed. Section 61(4) An applicant or an interested party who files an appeal under sub-section (3) and who is aggrieved by the decision of the committee may appeal against that decision to the Environment and Land Court. - 62 Verify source ↗
DEVELOPMENT CONTROL - 62. Registers
County executive committee members must keep registers of development-related documents and applicants, issue submission certificates to applicants, the registers must be open to public scrutiny, and the Cabinet Secretary must publish guidelines for public access.
Section 62. Registers Section 62(1) Each county executive committee member shall maintain a register of documents submitted by applicants for development permission and shall issue a submission certificate to every applicant who submits such documents. Section 62(2) Each county executive committee member shall maintain a register of development permission and shall enter the details of each applicant for development permission, whether or not development permission was granted to that applicant and the details of the proposed project for which development permission has been applied for. Section 62(3) A register maintained by a county executive committee member under this Act shall be open to the public for scrutiny and the Cabinet Secretary shall publish guidelines for public access to that register. - 63 Verify source ↗
DEVELOPMENT CONTROL - 63. Development fees
County executive committee members may charge development fees against applicants; county governments may publish regulations on fees, rates and waivers; if a fee is waived the committee member may require the applicant to develop public infrastructure.
Section 63. Development fees Section 63(1) A county executive committee member may levy a development fee against an applicant for development permission. Section 63(2) Each county government may, by notice in the Gazette , publish Regulations determining the circumstances under which a development fee shall be levied, the rates that shall be payable and the circumstances under which a development fee may be waived. Section 63(3) Where a development fee has been waived in relation to an application for development permission, a county executive committee member may require that applicant to develop infrastructure in relation to the property in question for general use by the residents of the area where the property in question is located. - 64 Verify source ↗
DEVELOPMENT CONTROL - 64. Lapse of development permission
Development permission lapses if the applicant does not commence the project within three years; a county executive committee member may extend permission for one year on application and may impose further conditions when extending.
Section 64. Lapse of development permission Section 64(1) Where an applicant for development permission has been granted development permission but has not commenced the proposed project within three years of receiving the development permission that permission shall lapse. Section 64(2) Despite sub-section (1), a county executive committee member, where an applicant makes an application, may extend development permission by a period of one year if the county executive committee member determines it is necessary or just to grant that extension. Section 64(3) Where a county executive committee member extends development permission, it may impose further conditions on the applicant that he or she considers fit. - 65 Verify source ↗
DEVELOPMENT CONTROL - 65. Commencement and completion of building
A county executive committee member may impose conditions or a fine on an applicant for development permission if the applicant fails to complete the building works within five years.
Section 65. Commencement and completion of building Section A county executive committee member may impose conditions or impose a fine to be prescribed in regulations on an applicant for development permission for building works where that applicant fails to complete the building works within five years. - 66 Verify source ↗
DEVELOPMENT CONTROL - 66. Prohibition of grant of license for development of a commercial or industrial nature
A licensing authority must not grant a licence for commercial or industrial use of a building, premises or land unless development permission has been granted by the relevant county executive committee member.
Section 66. Prohibition of grant of license for development of a commercial or industrial nature Section A licensing authority shall not grant a license for the commercial or industrial use or occupation of any building, or in respect of any premises or land, for which development permission has not been granted by the relevant county executive committee member. - 67 Verify source ↗
DEVELOPMENT CONTROL - 67. Offences relating to development permission
Certain uses or permitting uses of land or buildings contrary to conditions, revocations or modified permissions, or public officers granting or commenting contrary to law, are offences punishable by at least KSh 1,000,000 or at least five years imprisonment.
Section 67. Offences relating to development permission Section 67(1)(a) uses or permits to be used any land or building in contravention of any conditions imposed by a county executive committee member when granting development permission; or Section 67(1)(b) a development where development permission has been revoked; Section 67(1)(b)(i) a development where development permission has been revoked; Section 67(1)(b)(ii) a development where development permission has been modified and the development does not comply with the modifications in the development permission; or Section 67(1)(b)(iii) a development where the building works are inconsistent with the plans approved by the county executive committee member. Section 67(1)(c) being a public officer, grants development permission or comments on an application for development permission contrary to this Act or any other law. Section 67(2) Despite the provisions of subsections (1) (a) and (1) (b) (iii) of this section, in case of any material variations in a development permission, the applicant may apply to the county executive committee member for development permission. Section 67(3) A person who commits an offence under this section is liable, on conviction to a fine of not less than one million shillings or to imprisonment for a term of not less than five years or to both. - 68 Verify source ↗
DEVELOPMENT CONTROL - 68. Access to information
A county executive committee member may request and extract records about land or property under development plans; information obtained must be kept confidential and not disclosed except by a court order.
Section 68. Access to information Section 68(1) A county executive committee member may demand the production of, and make extracts from, all registers or other records or any deeds or instruments belonging to, or in the custody or possession of, any public officer or any person and in which are contained particulars of any land or property affected by the relevant physical and land use development plan. Section 68(2) The information obtained by a county executive committee member in accordance with sub-section (1) shall be treated confidentially and shall not be disclosed to any other person except by an order of a court in connection with any legal proceedings. Section 68(3) Any request for information shall protect the rights enshrined in Article 31 of the Constitution. - 69 Verify source ↗
DEVELOPMENT CONTROL - 69. Strategic national or inter-county projects
The Cabinet Secretary must consider and offer policy guidance on projects of strategic national importance; must make regulations within sixty days to prescribe such projects; and may consider and approve development permission within those prescribed projects.
Section 69. Strategic national or inter-county projects Section 69(1) The Cabinet Secretary shall consider and offer policy guidance to any public institution proposing a project of strategic national importance. Section 69(2) Any inter-county physical and land use development projects shall be approved in accordance with section 33 . Section 69(3) The Cabinet Secretary shall within sixty days of the enactment of this Act make regulations prescribing for the projects that may be classified as strategic national or inter-county projects. Section 69(4) The Cabinet Secretary may consider and approve development permission for any development to be carried out within the prescribed projects of strategic national importance. - 70 Verify source ↗
DEVELOPMENT CONTROL - 70. Exemption from application of this Part
Developments by or on behalf of the Kenya Defence Forces and other national security installations are exempt from this Part.
Section 70. Exemption from application of this Part Section This Part shall not apply in respect of a development by or on behalf of the Kenya Defence Forces and other national security installations. - 71 Verify source ↗
DEVELOPMENT CONTROL - 71. Preservation of heritage sites
County governments may, after consulting the Cabinet Secretary responsible for national heritage and subject to the National Museums and Heritage Act, serve owners or occupiers with orders that prohibit demolition, alteration or extension of buildings of special architectural value or historic interest; development plans must record declared heritage sites; owners of buildings declared national monuments are entitled to compensation for loss of use and income.
Section 71. Preservation of heritage sites Section 71(1) Subject to the provisions of National Museums and Heritage Act (Cap. 216), a county government may, after consultation with the Cabinet Secretary responsible for national heritage, serve on the owner or occupier of a building which in the opinion of the county government is of special architectural value or historic interest, an order prohibiting the demolition, alteration or extension of such building. Section 71(2) All physical and land use development plans shall take into account and record all heritage sites declared or deemed to have been declared under the National Museums and Heritage Act (Cap. 216). Section 71(3) The owner of any building which shall be declared a national monument building shall be compensated for loss of use and income.
Part V
ENFORCEMENT
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ENFORCEMENT - 72. Enforcement notice
Section 72 enables serving an enforcement notice for development without permission or for non-compliance with permission conditions; it sets required contents of the notice, provides appeal routes and time limits, and creates an offence with penalties for non-compliance.
Section 72. Enforcement notice Section 72(1)(a) a developer commences development on any land after the commencement of this Act without the required development permission having been obtained; or Section 72(1)(b) any condition of a development permission granted under this Act has not been complied with. Section 72(2)(a) specify the development alleged to have been carried out without development permission or the conditions of the development permission alleged to have been contravened; Section 72(2)(b) specify measures the developer shall take, the date on which the notice shall take effect, the period within which the measures shall be complied; and Section 72(2)(c) require within a specified period the demolition or alteration of any building or works or the discontinuance of any use of land or the construction of any building or the carrying out of any other activities. Section 72(3) Where a person on whom an enforcement notice has been served is aggrieved by that notice, that person may appeal to the relevant County Physical and Land Use Planning Liaison Committee within fourteen days of being served with the notice and the committee shall hear and determine the appeal within thirty days of the appeal being filed. Section 72(4) Any party aggrieved with the determination of the county physical and land use planning liaison committee may appeal to the court only on a matter of law and the court shall hear and determine the appeal within thirty days. Section 72(5) A person who has been served with an enforcement notice and who refuses to comply with the provisions of that notice commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two months or to both.
Part VI
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES
- 73 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 73. Establishment of the National Physical and Land Use Planning Liaison Committee
Establishes the National Physical and Land Use Planning Liaison Committee.
Section 73. Establishment of the National Physical and Land Use Planning Liaison Committee Section There is established the National Physical and Land Use Planning Liaison Committee. - 74 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 74. Composition of National Physical and Land Use Planning Liaison Committee
Section 74 sets out the membership of the National Physical and Land Use Planning Liaison Committee, requires the Cabinet Secretary to provide secretariat services, limits certain members to a single term of up to five years, requires the Chairperson to be one of specified appointees, allows co-option of up to three non-voting experts, and bars co-opted members from voting or counting toward quorum.
Section 74. Composition of National Physical and Land Use Planning Liaison Committee Section 74(1)(a) a representative of the National Land Commission; Section 74(1)(b) the Director-General of the National Environment Management Authority or a designated representative; Section 74(1)(c) the Director-General of the Water Resources Management Authority or a designated representative; Section 74(1)(d) the Director-General of the Kenya National Highways Authority or a designated representative; Section 74(1)(e) the Chairperson of the National Construction Authority or a designated representative; Section 74(1)(f) the Chief of the Kenya Defence Forces or a designated representative; Section 74(1)(g) the National Director of Urban Development; Section 74(1)(h) two representatives of the Council of County Governors; Section 74(1)(i) a person nominated by the Kenya Private Sector Alliance and appointed by the Cabinet Secretary; Section 74(1)(j) a registered architect nominated by the Architectural Association of Kenya and appointed by the Cabinet Secretary; Section 74(1)(k) a registered physical planner nominated by the Kenya Institute of Planners and appointed by the Cabinet Secretary; Section 74(1)(l) a registered surveyor nominated by the Institution of Surveyors of Kenya and appointed by the Cabinet Secretary; and Section 74(1)(m) an advocate of the High Court nominated by the Law Society of Kenya and appointed by the Cabinet Secretary. Section 74(2) The Cabinet Secretary shall provide the secretariat services to the committee. Section 74(3) The members of the National Physical and Land Use Planning Liaison Committee appointed under subsection (1)(h), (i), (j), (k), (l) and (m) shall serve for a term not exceeding five years and shall not be eligible for re-appointment. Section 74(4) The Chairperson of the committee shall be a person appointed under paragraphs (h), (i), (j), (k), (l) or (m). Section 74(5) The National Physical and Land Use Planning Liaison Committee may co-opt any other persons with special skills, interest and knowledge to assist in its deliberations but not more than three persons at any one time. Section 74(6) The co-opted members of the National Physical and Land Use Planning Liaison Committee may not vote on any matter for which a vote of the committee is required and the numbers of the co-opted members shall not count in determining the quorum of the National Physical and Land Use Planning Liaison Committee. - 75 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 75. Functions of the National Physical and Land Use Planning Liaison Committee
The National Physical and Land Use Planning Liaison Committee has functions including advising the Cabinet Secretary on planning policies and standards, hearing and determining appeals, and advising on major infrastructure, reserving public land, implementing development plans, and environmental impacts of strategic projects.
Section 75. Functions of the National Physical and Land Use Planning Liaison Committee Section 75(1)(a) advise the Cabinet Secretary on broad physical and land use planning policies, strategies and standards; and Section 75(1)(b) hear and determine appeals under this Act or as may be provided for under any other written law. Section 75(2)(a) the development of major infrastructure facilities; Section 75(2)(b) the reserving of public land for public projects; Section 75(2)(c) the implementation of national or inter-county physical and land use development plans; or Section 75(2)(d) the environmental impacts on ecologically sensitive areas by the implementation of strategic projects. - 76 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 76. Establishment of County Physical and Land Use Planning Liaison Committees
A County Physical and Land Use Planning Liaison Committee is established for each county.
Section 76. Establishment of County Physical and Land Use Planning Liaison Committees Section There is established a County Physical and Land Use Planning Liaison Committee for each county. - 77 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 77. Composition of the County Physical and Land Use Planning Liaison Committee
Section 77 sets out the composition of the County Physical and Land Use Planning Liaison Committee, nomination and appointment arrangements for specific members, allows co-option of up to five experts, requires the County Executive Committee member to provide secretariat services, and fixes terms of certain appointed members at not exceeding three years renewable once.
Section 77. Composition of the County Physical and Land Use Planning Liaison Committee Section 77(1)(a) an advocate of the High Court nominated by the Law Society of Kenya and appointed by the County Executive Committee member who shall be the Chairperson; Section 77(1)(b) a representative of the National Land Commission; Section 77(1)(c) a representative of the National Construction Authority; Section 77(1)(d) a registered physical planner with seven years' post-qualification experience nominated by the Kenya Institute of Planners and appointed by the County Executive Committee member; Section 77(1)(e) a registered architect with seven years' post-qualification experience nominated by the Architectural Association of Kenya and appointed by the County Executive Committee member; Section 77(1)(f) a registered surveyor with seven years' post-qualification experience nominated by the Institution of Surveyors of Kenya and appointed by the County Executive Committee member; and Section 77(1)(g) two members, being one male and one female, nominated by the county chamber of commerce and appointed by the County Executive Committee member. Section 77(2) The county physical and land use planning liaison committee may co-opt a maximum of five experts to assist in its deliberations. Section 77(3) The County Executive Committee member shall provide secretariat services to the committee. Section 77(4) The members of the County Physical and Land Use Planning Liaison Committee appointed under subsection (1)(a), (d), (e), (f) and (g) shall serve for a term not exceeding three years, renewable once. - 78 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 78. Functions of the County Physical and Land Use Planning Liaison Committee
The County Physical and Land Use Planning Liaison Committee must hear and determine complaints and claims about applications submitted to the county planning authority.
Section 78. Functions of the County Physical and Land Use Planning Liaison Committee Section hear and determine complaints and claims made in respect to applications submitted to the planning authority in the county; - 79 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 79. Procedure of the County Physical and Land Use Planning Liaison Committees
County Liaison Committees set their own procedure; quorum is half the members; decisions by majority with chair casting tie vote; members elect acting chair if chair is unable; committees must meet at least four times a year.
Section 79. Procedure of the County Physical and Land Use Planning Liaison Committees Section 79(1) The County Physical and Land Use Planning Liaison Committee shall, subject to this Act or any other written law, determine its own procedure. Section 79(2) Despite sub-section (1), the quorum of the County Physical and Land Use Planning Liaison Committee shall be half the members of the Liaison Committee. Section 79(3) Every decision of a County Physical and Land Use Planning Liaison Committee shall be by a majority vote of the members present and voting and where there is a tied vote, the Chairperson of that committee or the person acting as the Chairperson of that committee shall cast the deciding vote. Section 79(4) Where the Chairperson of a County Physical and Land Use Planning Liaison Committee is unable to exercise his functions owing to illness, genuine absence or any other reason, the members present shall elect one of their own to be the Chairperson of the respective Liaison Committee. Section 79(5) A County Physical and Land Use Planning Liaison Committee shall meet at least four times in a year. - 80 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 80. Appeal to a County Physical and Land Use Planning Liaison Committee
Appeals to the County Physical and Land Use Planning Liaison Committee must be made in writing in the prescribed form; the committee must decide within 30 days and notify the appellant within 14 days; the Chairperson must file the committee's determination in the Environment and Land Court, which must record it as a judgment and publish it in the Gazette or a national newspaper.
Section 80. Appeal to a County Physical and Land Use Planning Liaison Committee Section 80(1) A person who appeals to County Physical and Land Use Planning Liaison Committee shall do so in writing in the prescribed form. Section 80(2) A County Physical and Land Use Planning Liaison Committee shall hear and determine an appeal within thirty days of the appeal being filed and shall inform the appellant of the decision within fourteen days of making the determination. Section 80(3) The Chairperson of a County Physical and Land Use Planning Liaison Committee shall cause the determination of the committee to be filed in the Environment and Land Court and the court shall record the determination of the committee as a judgment of the court and published in the Gazette or in at least one newspaper of national circulation. - 81 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 81. Duty to appear before a County Physical and Land Use Planning Liaison Committee
A person summoned to appear before the County Physical and Land Use Planning Liaison Committee may appear via a representative or permitted communication, and if required must produce or deliver documents as directed by the committee; contravention is an offence punishable by a fine not exceeding twenty-five thousand shillings.
Section 81. Duty to appear before a County Physical and Land Use Planning Liaison Committee Section 81(1) A person who has been summoned to appear before a County Physical and Land Use Planning Liaison Committee may do so through a representative or through any form of communication that the committee may permit for the purpose and if required to produce or deliver any document that person shall produce or deliver that document in accordance with the direction of the committee. Section 81(2) A person who contravenes the provisions of this section commits an offence and is liable, on conviction, to a fine not exceeding twenty-five thousand shillings. - 82 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 82. Communication
A County Physical and Land Use Planning Liaison Committee may issue or make summons, notices, awards or orders under this Act in electronic form or written form.
Section 82. Communication Section All summons issued or notices issued, or awards or orders made, under this Act by a County Physical and Land Use Planning Liaison Committee may be issued or made in electronic form or written form. - 83 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 83. Withdrawal of appeal and abandonment of appeal
A person who appealed to a County Physical and Land Use Planning Liaison Committee may withdraw the appeal in writing before it is determined; the committee must notify relevant parties within seven days, may require reasons if the appeal appears abandoned (within fourteen days), must consider submissions and decide whether to proceed or treat it as withdrawn, and must keep written records of proceedings.
Section 83. Withdrawal of appeal and abandonment of appeal Section 83(1) A person who has made an appeal before a County Physical and Land Use Planning Liaison Committee may withdraw the appeal in writing at any time before the appeal is determined by the committee. Section 83(2) The County Physical and Land Use Planning Liaison Committee shall notify each relevant party that an appeal has been withdrawn within seven days of receiving the written notice of the withdrawal. Section 83(3) Where a County Physical and Land Use Planning Liaison Committee determines that an appeal has been abandoned by the person who filed the appeal, that committee may require the applicant to submit to the committee, within fourteen days of the committee notifying the applicant in writing, reasons why the appeal should not be regarded as having been withdrawn. Section 83(4) The County Physical and Land Use Planning Liaison Committee shall consider the submissions made under sub-section (3) and shall either allow the appeal to be finally heard and determined or shall stop all proceedings and determine that the appeal has been withdrawn. Section 83(5) Every County Physical and Land Use Planning Liaison Committee shall maintain written records of all its proceedings. - 84 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 84. Appeals to National Physical and Land Use Planning Liaison Committee
The provisions of sections 80, 81, 82 and 83 apply, with necessary modifications, to appeals to the National Physical and Land Use Planning Liaison Committee.
Section 84. Appeals to National Physical and Land Use Planning Liaison Committee Section The provisions of sections 80 , 81 , 82 and 83 shall apply with the necessary modifications in the case of appeals to the National Physical and Land Use Planning Liaison Committee. - 85 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 85. Declaration of personal interest
Members of the National or County Physical and Land Use Planning Liaison Committees who have an interest in a matter must disclose it at the meeting; a member who discloses must not take part in proceedings on that matter; failure to disclose is an offence punishable by a fine not exceeding one hundred thousand shillings or imprisonment up to two months or both.
Section 85. Declaration of personal interest Section 85(1) A member of the National Physical and Land Use Planning Liaison Committee or a County Physical and Land Use Planning Liaison Committee who has an interest in a matter being considered by that committee shall disclose that interest at the meeting in which that matter is being considered. Section 85(2) A member of a Physical and Land Use Planning Liaison Committee who makes a disclosure under subsection (1) shall not take part in any proceedings related to that matter. Section 85(3) A member of a physical and land use planning liaison committee who does not disclose an interest as required under this section commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two months or to both. - 86 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 86. Disclosure of information
Persons must not disclose information obtained from the planning liaison committees, except to authorized persons or when required by a court; breach is an offence punishable by a fine not exceeding one hundred thousand shillings.
Section 86. Disclosure of information Section 86(1)(a) any information obtained while serving on that committee; or Section 86(1)(b) any information obtained from the committees in the performance of its functions. Section 86(2) A person who contravenes the provisions of subsection (1) commits an offence and on conviction is liable to a fine not exceeding one hundred thousand shillings. Section 86(3) Despite sub-section (1), a person may disclose information that person obtained while serving on the National Physical and Land Use Planning Liaison Committee or a County Physical and Land Use Planning Liaison Committee in the performance of their duties to a person authorized by any written law to be given that information or as may be required by a court of law. - 87 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 87. Physical and Land Use Planning Liaison Committees to keep registers
Committees must keep registers of appeals, meetings and decisions; registers must be available to the public; interested parties may apply (in prescribed form) and, after paying a prescribed fee, may copy or extract entries; the Cabinet Secretary may make Regulations by Gazette notice.
Section 87. Physical and Land Use Planning Liaison Committees to keep registers Section 87(1) Each Physical and Land Use Planning Liaison Committee shall maintain a register of each appeal filed, minutes of the meeting of the committee and the decisions of the committee. Section 87(2) Each register maintained by Physical and Land Use Planning Liaison Committees shall be made available to the public for scrutiny. Section 87(3) An interested party may, in the prescribed form, apply to a Physical and Land Use Planning Liaison Committee to examine a register maintained by that committee and that party may, after paying a prescribed fee, make copies or take extracts from that register. Section 87(4) The Cabinet Secretary may, by notice in the Gazette , make Regulations for the better implementation of the provisions of this section. - 88 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 88. Remuneration
The remuneration of the members of the Physical and Land Use Planning Liaison Committees shall be recommended by the Salaries and Remuneration Commission.
Section 88. Remuneration Section The remuneration of the members of the Physical and Land Use Planning Liaison Committees shall be recommended by the Salaries and Remuneration Commission. - 89 Verify source ↗
PHYSICAL AND LAND USE PLANNING LIAISON COMMITTEES - 89. Indemnity for public officers acting under this Act
Public officers acting under the Act are exempt from liability for acts or omissions done in good faith and without negligence when exercising functions conferred by the Act.
Section 89. Indemnity for public officers acting under this Act Section A public officer acting under the Act shall not be liable in an action or a proceeding for or in respect of an act done or omitted to be done without negligence and in good faith in the exercise of any of the functions conferred by or under this Act.
Part VII
PROVISIONS ON DELEGATED POWERS
- 90 Verify source ↗
PROVISIONS ON DELEGATED POWERS - 90. Regulations
The Cabinet Secretary may make regulations to give effect to this Act and to prescribe anything required by the Act; the authority is limited to bringing provisions of the Act into effect and fulfilling the section's objectives.
Section 90. Regulations Section 90(1) The Cabinet Secretary, may make regulations generally for giving effect to this Act, and for prescribing anything required to be prescribed by or under this Act. Section 90(2)(a) the forms to be used and fees to be charged under this Act; Section 90(2)(b) the norms, guidelines and standards for delivery of physical and land use planning services across the country; Section 90(2)(c) guidelines for operations of Inter-County Physical and Land Use Planning Committees; Section 90(2)(d) procedures for the conduct of Physical and Land Use Planning Liaison Committees; Section 90(2)(e) procedure and process of handling applications for development permission; Section 90(2)(f) any other matter generally required to give effect to the provisions of this Act. Section 90(3)(a) the purpose and objective of the delegation under this section is to enable the Cabinet Secretary to make regulations for better carrying into effect the provisions of this Act; Section 90(3)(b) the authority of the Cabinet Secretary to make regulations under this Act will be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section. Section 90(4)(a) the Statutory Instruments Act (Cap. 2A); Section 90(4)(b) the Interpretation and General Provisions Act ( Cap. 2 ); Section 90(4)(c) the general rules of international law as specified under Article 2(5) of the Constitution; and Section 90(4)(d) any treaty and convention ratified by Kenya under Article 2(6) of the Constitution.
Part VIII
MISCELLANEOUS PROVISIONS
- 91 Verify source ↗
MISCELLANEOUS PROVISIONS - 91. Repeal of No. 6 of 1996
Repeals The Physical Planning Act, 1996 (No. 6 of 1996).
Section 91. Repeal of No. 6 of 1996 Section The Physical Planning Act, 1996 ( No. 6 of 1996 ), is hereby repealed. - 92 Verify source ↗
MISCELLANEOUS PROVISIONS - 92. Transitional provisions
Existing development approvals under prior written law are treated as development permissions under this Act; approvals not commenced within twenty-four months after commencement lapse; pending applications made before commencement are treated as applications made on the commencement date.
Section 92. Transitional provisions Section 92(1) Any approval for development granted in accordance with the provisions of any written law in force immediately prior to the commencement of this Act shall be deemed to be a development permission granted under this Act. Section 92(2) Despite the provisions of subsection (1), if a development for which approval was granted under the provisions of any written law in force immediately before the commencement of this Act shall not have been commenced within twenty-four months of the commencement of this Act that development approval shall lapse. Section 92(3) Where an application for development had been made under the provisions of any written law prior to the commencement of this Act and approval has not been granted, that application shall be deemed to be an application for development permission under this Act and shall be deemed to have been made on the date of the commencement of this Act. - 93 Verify source ↗
MISCELLANEOUS PROVISIONS - 93. Pending disputes
All disputes about physical and land use planning shall be heard and determined by the Environment and Land Court.
Section 93. Pending disputes Section All disputes relating to physical and land use planning, before establishment of the national and county physical and land use planning liaison committees shall be heard and determined by the Environment and Land Court.
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