PHYSICAL-AND-LAND-USE-PLANNING-LOCAL-PHYSICAL-AND-LAND
LEGAL NOTICE NO. ……………………….
THE PHYSICAL AND LAND USE PLANNING ACT, 2019 (No. 13 of 2019) ARRANGEMENT OF REGULATIONS Regulation
1—Citation 2—Interpretation 3—Application 4—Timelines 5—National security 6—Boundaries 7—Preparation of a Local Physical and Land Use Development Plan 8—Notice of intention to prepare plan 9—Notice of completion of draft 10—Public participation 11—Appeals 12—Approval of the plan 13—County assembly approval 14—Publication 15—Amendment or revision of the plan 2 THE PHYSICAL AND LAND USE PLANNING ACT, 2019 (No. 13 of 2019) IN EXERCISE of the powers conferred by section 90 of the Physical and Land Use Planning Act, 2019, the Cabinet Secretary for Lands and Physical Planning makes the following Regulations—
THE PHYSICAL AND LAND USE PLANNING (LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN) REGULATIONS, 2021 Citation. 1. These Regulations may be cited as the Physical and Land Use Planning (Local Physical and Land Use Development Plan) Regulations, 2021. Interpretation.
2. In these Regulations, unless the content otherwise requires— “city” has the meaning as assigned to it under section 8 of Urban Areas and Cities Act, 2011; and “local physical and land use development plan" means a plan for the area or part thereof of a city, municipality, town or urban centre and includes a plan with reference to any rural area, trading or market centre. “ register ” means a register of physical and land use development plans. Application.
3. These Regulations shall apply to all local physical and land use development plans. Timelines.
4. All actions, notices, publications and any other matter provided in the Act shall be executed within the stipulated period, subject to any period of extension permissible under the Act or any other written law. National security.
5. (1) Whenever a local physical and land use development plan touches on, relates to, borders, involves or in any way affects a safeguarded area or any aspect of national security, the approval of the National Physical and Land Use Planning Consultative Forum shall be sought during the making of the plan. (2) The National Physical and Land Use Planning Consultative Forum shall approve or reject a plan submitted to it within a period of sixty days from the date of receipt thereof from the County Executive Committee Member and shall specify the reasons for its decision in writing. (3) Where necessary, a plan touching on, relating to, bordering, involving or in any way affecting a national security. organ shall be subjected to any conditions that may imposed on it by the National 3 Security Council. (4) For the purposes of these Regulations, security organs shall be exempt from any form of publication required under these regulations where the said plans touch on, relate to, border, involve or in any way affect the said security organs. Boundaries.
6. In defining the scope and the geographic area of the plan, the County Executive Committee Member shall delineate clearly defined boundaries as shall be provided for by the Director of Survey. (2) All the developments under these Regulations shall be restricted within designated urban centres and shall have clearlydefined boundaries. Preparation of a Local Physical and Land Use Development Plan
7. (1) The preparation of a local physical and land use development plan may be initiated by a county executive committee member— (a) on his own motion; (b) the relevant county assembly member on behalf of an individual resident county member; (c) residents’ association; or (d) upon request of the national government. (2) The County Executive Committee Member may outsource physical planning consultancy and other services in accordance with the relevant written laws relating to public procurement. (3) Outsourced Physical and Land Use Planning consultancy and other services shall be submitted to the County Executive Committee member through the office of the County Director of Physical and Land Use Planning for scrutiny and authentication. Notice of intention to prepare plan.
8. The County Executive Committee Member shall publish a notice of intention to prepare a plan in the Gazette, in at least two newspapers with national circulation and through electronic media in Form PLUPA L-1 as set out in the First Schedule. Notice of completion of draft.
9. (1) Upon completion of the development of the Plan, the county executive committee member shall inform the public that a plan is available for inspection and comments within sixty days. (2) The form of notice which the county executive committee member shall inform the public that a plan is available for inspection and inviting public comments shall be in Form PLUPA L-2 set out in the First Schedule. 4 Circulation
10. (1) On completion and publication, the County Director shall circulate the plan to relevant agencies at the county level and to the Director General for comments. (2) the relevant agencies shall submit comments within sixty days of publication. (3) the Director General shall submit comments within sixty days of publication and issue a plan reference number. Public participation.
11. (1) In facilitating public participation regarding the plan, the county executive committee member may use any or a combination of the following methods—
(a) direct contact using interview guides and questionnaires;
(b) public notices in newspapers;
(c) mass media including radio, television;
(d) information communication platforms;
(e) newsletter
(f) public hearings and group discussions, town hall meetings, public fora;
(g) conferences, seminars or workshops; and
(h) placement of documents at a common place, available to the members of the public including noticeboards.
(2) In dealing with comments and other representations regarding draft plans from the public, the county executive committee member may—
(a) wholly incorporate the comments or representations into the plan; (b) partially incorporate the comments or representations into the plan; or (c) dismiss the comments or representations altogether.
(3) After dealing with the comments from the public regarding the plan, the county executive committee member shall notify in writing the persons who made comments or representations, confirming that the same were wholly or partially adopted into the plan or rejected using the same channel through which the comments were received. 5 Appeals.
12. (1) A person aggrieved by a decision of the county executive committee member concerning the local physical and land use development plan may, within sixty days of being notified of the decision, appeal to the Liaison Committee in writing against the decision in Form PLUPA L-3 as set out in the First Schedule. (2) The 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. (3) In exercising its power to reverse, confirm or vary the decision appealed against, the Liaison Committee shall do so in accordance with the rules of natural justice and fair administrative action. (4) Representations made by the county executive committee member in response to an appeal lodged before the Liaison Committee may be in oral form or by written submissions. (5) A person dissatisfied with the decision of the Liaison Committee may lodge an appeal to the Environmental and Land Court within a period of thirty days from the date of the making of the decision by the Liaison Committee. Approval of the plan.
13. (1) Where all applications for review have been heard and determined, the county executive committee member shall submit the draft local physical and land use development plan to the County Physical and Land Use Planning Consultative Forum for comments within fourteen days, and the changes shall be incorporated into the plan. (2) After submission of the plan by the County Executive Committee Member to the Consultative Forum for comments, the input of the Forum shall be in Form PLUPA L-4 as set out in the First Schedule. County assembly approval.
14. (1) Pursuant to the provisions of sections 49 (3) and 41 (3), the county assembly shall consider the plan within thirty days in accordance with the county assembly’s rules and approve it with or without modifications. (2) upon approval by the County Assembly, the County Director shall issue an approved plan number to the plan and enter the number in the register. Contents of the Register
15. The register which shall be maintained by the County Director shall contain- (a) date of initiation of plan preparation (b) departmental reference number 6 (c) scale (d) title (e) sub-county (f) date of completion (g) date of circulation (h) date of approval (i) approved plan number Publication.
16. The notice required under section 50 regarding the approval of the local physical and land used development plan and on the inspection of the approved plan shall be in in Form PLUPA L-5 as set out in the First Schedule. Amendment or revision of the plan.
17. (1) The amendment or revision of the plan may be initiated by the county executive committee member— (a) on his or her own motion; (b) on recommendation by the county or national government; (c) by request of a person ordinarily resident in that county; or (d) on recommendation of a residents’ association in the county. (2) The County Executive Committee Member shall notify the County assembly of the proposed amendment or revision of the plan in Form PLUPA L-6 as set out in the First Schedule. (3) Upon approval of the amendment or revision of the plan by the county assembly, the County Executive Committee Member shall publish the proposed amendments in form PLUPA L-2 as set out in the First Schedule inviting interested parties for their comments. (4) Regulation 10, with the necessary modifications, shall apply to the amendment or revision of a Plan regarding the receiving of and decisions on public comments thereon. (5) The County Executive Committee Member shall consider the comments from the public and incorporate them into the amendment or revision of the Plan where necessary and thereafter submit the amended Plan to the Governor, who shall place it before the County Assembly for approval. (6) On the approval of the amended Plan by the County Assembly, the County Executive Committee Member shall publish the approval 7 of the amended Plan in Form PLUPA L-7 as set out in the First Schedule, inviting comments and representations from the public. (7) The amended local physical and land use development plan shall be published in Form PLUPA L-8 as set out in the First Schedule. Reports, etc. to be submitted to the Commission and the Director General. 18. All reports, notices, plans prepared under these Regulations shall be submitted to the Commission and the Director General 8
FIRST SCHEDULE
REPUBLIC OF KENYA PHYSICAL AND LAND USE PLANNING ACT (No. 13 of 2019) NOTICE OF INTENTION TO PREPARE A LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN Title of Development Plan ..................................................................................................... Pursuant to the provisions of section (47) of the Physical and Land Use Planning Act, 2019, NOTICE is hereby given that the County Government of............................................intends to commence preparation of the above Plan on the...............................day of…………. .......................................20………………………………..... The purpose of the Plan is: ……………………………………………………………………………………………… The objectives of the Plan are……………………………………………………………... …………………………………………………………………………………………….. …………………………………………………………………………………………….. Comments on the proposed plan may be directed to………………………………………. ............................................................................................ 1 * not later than ................................2 * Dated this ………………………….…. day of ……............................…………20………… County Executive Committee Member Notes— 1* provide details of the receiving entity. 2* provide a twenty one day window.
FORM 2
REPUBLIC OF KENYA PHYSICAL AND LAND USE PLANNING ACT (No. 13 of 2019) NOTICE OF COMPLETION OF LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN Title of Development Plan ................................................................................................................ Pursuant to the provisions of section 49(1) of the Physical and Land Use Planning Act, 2019, NOTICE is hereby given that the preparation of the above Plan was on the………………. day of ..............................20...............................................................completed. A copy of the plan as prepared has been deposited for public inspection free of charge at .......................................................................................... 1 * Any interested person who wishes to make any representation in connection with or objection to the above plan may within sixty days send the same to………………………………………..2 * and such representations or comments shall state the grounds upon which they are made Dated this ………………………….…. day of ……............................…………20………… County Executive Committee Member Notes— 1*provide details of the place where the plans are availed to the public and if electronic, give name and link to website. 2* provide details of the place where the plans are availed to the public and if electronic, give name and link to website.
FORM PLUPA L-3
REPUBLIC OF KENYA PHYSICAL AND LAND USE PLANNING ACT (No. 13 of 2019) APPEAL AGAINST DECISION REGARDING LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN (To be filled in triplicate) Title of Development Plan ………………………………………………………………………………………. To: The Secretary, County Physical and Land Use Planning Liaison Committee ………………………………………………………. County I/We1 *,…………………………………………………………………………… of P.O. Box ………………………………… appeal against the decision made by………………………... …………………………………… County Executive Committee Member regarding the above Plan. My/our grounds for appeal are as follows: (a) ………………………………….………………………………. (b) ………………………………..………………………………… (c) ……………………………….………………………………….. .2 * The reliefs which I/We seek are: (a) ………………………………….………………………………. (b) ………………………………..………………………………… (c) ……………………………….………………………………….. .3 * Dated this ………………………….…. day of ……............................…………20………… Signature of Applicant …………......…………………………… Notes— 1*Delete as necessary. 2*Please attach additional written text if space is insufficient. 3*Please attach additional written text if space is insufficient. 11 FORM PLUPA L-4 r.12(2) REPUBLIC OF KENYA PHYSICAL AND LAND USE PLANNING ACT (No. 13 of 2019) NOTICE OF REVIEW OF LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN BY COUNTY PHYSICAL AND LAND USE CONSULTATIVE FORUM Title of Development Plan ..................................................................................................... Pursuant to the provisions of section 49(3) of the Physical and Land Use Planning Act, 2019, the County Physical and Land Use Planning Consultative Forum of………………………. ………………………………. County of Post Office Box No……………………………... ……………………………………….in the Republic of Kenya has reviewed the above Plan on this ...........................day of .............................20…………...and approves/ does not approve with the following comments1 *: (1) .......................................................................................................................................... (2) .......................................................................................................................................... Dated the ................................................................, 20............................................................... Chairperson Secretary Notes— 1* strike through where necessary. 12
FORM PLUPA L-5 r.14 REPUBLIC OF KENYA PHYSICAL AND LAND USE PLANNING ACT (No. 13 of 2019)
NOTICE OF APPROVAL OF LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN Title of Development Plan ..................................................................................................... Approved Development Plan No. ……………………………………………………………. Pursuant to the provisions of section 50 of the Physical and Land Use Planning Act, 2019, NOTICE is hereby given that on the ………. day of ……………………………. 20………………………the County Assembly of ………………………………………… ……………. County approved the above Plan. A certified copy of the plan as approved has been deposited at………………………………. ………………………………………………………1 * Dated this ………………… day of……………………………………….…….20…………... Signed ……………………………………………………………………….. County Executive Committee Member Notes— 1* Provide physical address and if electronic, name of website and link.
FORM PLUPA L-6 r.15 (2)
REPUBLIC OF KENYA PHYSICAL AND LAND USE PLANNING ACT (No. 13 of 2019) NOTIFICATION OF AMENDMENT/REVISION OF LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN Title of Development Plan………………………………………………………………………. Approved Development Plan No. ………………………………………………………………. To: The Clerk County Assembly of……………………………………………………………. I/We1 *, ……………………………………………. of P.O. Box ………………………………… propose modification to the Plan referenced above. My/our reasons for the proposed amendments are as follows: (a) ………………………………….………………………………………………… (b) ………………………………..………………………………… (c) ……………………………….………………………………….. .2 * I/We certify that: (a) I/We have complied with the relevant provisions of the County Governments Act, 2012; (b) The proposed amendments are in conformity with the National, relevant Inter-County and County Physical and Land Use Development Plans. Dated this ………………………….…. day of ……............................…………….20 ………… Signature …………...................................…………………………… County Executive Committee Member Notes— 1*Delete as necessary. 2*Please attach additional written text if space is insufficient.
FORM PLUPA L-7 r.15(6)
REPUBLIC OF KENYA PHYSICAL AND LAND USE PLANNING ACT (No. 13 of 2019)
NOTICE OF APPROVAL OF AMENDMENT/REVISION OF A LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN BY THE COUNTY ASSEMBLY
Title of Development Plan ..................................................................................................... Approved Development Plan No ………………………………………………………………… Pursuant to the provisions of section 49(3) of the Physical and Land Use Planning Act, 2019, NOTICE is hereby given that the County Assembly of …………………………………............. 1* has on the ...............................day of .......................................20………………………………..... approved modification to the above Plan. Dated this ………………………….…. day of ……............................…………….20 ………… County Executive Committee Member Notes— 1* state name and address of entity that has approved modification. 15 FORM
PLUPA L-8 r.15(7)
REPUBLIC OF KENYA PHYSICAL AND LAND USE PLANNING ACT (No. 13 of 2019)
NOTICE OF MODIFICATION/ AMENDMENT OF A LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN Title of Development Plan ..................................................................................................... Approved Development Plan No ………………………………………………………………… Pursuant to the provisions of section 50 of the Physical and Land Use Planning Act, 2019, NOTICE is hereby given that on the................. day of .....................20………… the above plan was approved with/without1* modification. The plan shall be available at.......................................................2* for inspection free of charge. Dated this ………………………….…. day of ……............................…………….20 ………… County Executive Committee Member Notes— 1* strike through where necessary. 2*state physical address and opening hours. If online, state website and give link.
SECOND SHEDULE
PART I
The outline structure of the County Physical and Land Use Development Plan Report PART I
1. Cover Page
2. Introduction
3. Constitutional, legal and policy planning context
PART II
4. Physiography and climate
5. Population and demography
6. Housing
7. Agriculture
8. Commerce
9. Industry
10. Education
11. Public purpose
12. Recreation, Conservation, preservation and open spaces
13. Public infrastructure and utilities
14. Transportation
15. Blue Economy
PART III
16. Synthesis and emerging issues
PART IV
17. Plan proposals
18. Action Plans
19. Implementation schedule- Timelines, Resource and Institutional requirements Reference Appendix Annex 17 PART II Preparation of the Maps 1. Notwithstanding the provisions of First Schedule
Part IV
(9), the actual scale to be used in the map shall depend on the level of detail and circumstances.
2. The Maps prepared shall adopt a scale of a multiple of 500 3. Maps prepared shall be authenticated and approved by the authority responsible for Survey 4. Base Map” means a geo-referenced and geometrically accurate graphical representation of land which includes topographical maps, administrative boundary maps, sea charts, aeronautical charts and other thematic and special purpose maps obtained from the relevant authorities 5. All the maps and plan reports shall adopt standard paper size series A4-A0 6. Fine details on the plan report shall be contained in an appropriate professional handbook and practicing notes.
THIRD SCHEDULE SHORT-TERM PLANS
Short-term plans are of the following types—
(a) Neighborhood Plans-Prepared for comprehensive planning of areas selected for intensive development, which is to commence within a specified period.
(b) Sectoral Plans- Prepared for detailed treatment of a particular planning aspect, for example, housing, transportation (Roads, railway, airports and water ways), communication infrastructure including Fiber optic, water supply, sewerage, solid waste disposal, pipelines (Oil/Gas) conservation and preservation areas including wildlife migratory corridors and dispersal areas etc., The Plans should be prepared to guide the implementing agencies.
(c) Property Site Master Plan, indicating permitted use, density, access, plot coverage, plot ratio and building heights. This shall include 3D models.
(d) Part Development Plans /advisory plans, indicating precise sites for immediate implementation of specific projects including land alienation for public use. The Plan will be prepared by the planning authority in consultation with National Land Commission as per the provisions of the Land Act, 2012 The form and content of short-term plans differ with plan types and in most cases will reflect details and proposals of a long-term plan, where it exists. However, the most important considerations in their preparation shall be— (i) An assessment of immediate land requirement to accommodate specific population needs as they arise for a period of 3 to 5 years;
(ii) Detailed allocation of the land requirements to various land uses taking into account compatibility of adjoining land uses and conforming with a long-term plan proposal for the area; and
(iii) Identification of authorities to service and/or develop the various land use allocations. Except for part development plans, other short-term plans may be prepared by commissioned registered physical planners.
In order to ensure that plans prepared by registered physical 19 planners conform to long-term plans prepared by the Planning Authority, all such plans must have a seal of approval of the Planning Authority before their implementation. Made on the ………………………………………………, 2021. FARIDA KARONEY, Cabinet Secretary for Lands and Physical Planning.