Samburu County Spatial Planning Act, no. 9 of 2020

Section THE SAMBURU COUNTY SPATIAL PLANNING ACT, 2020 2 Interpretation. 4 -Application. 5 1-Short title and Commencement. 3 Object and Purpose. 6 7 Date of Assent: 24th November, 2020 Date of Commencement: See Section I ARRANGEMENT OF SECTIONS 9-Officers. PART I� PRELIMINARY Directorate of Spatial Planning. 10 Indemnity. No. 9 of 2020 Functions of the Directorate. PART I-ADMINISTRATION Director of Spatial Planning. 8 Powers of the Director. 11-Coordinating Committee. 12-Procedure of Co-ordinating Committee. 13--Record of proceedings. 20-Publication. 14-Appeals to the Co-ordinating Committee. 15-Appeals to Court. PART I-SPATIAL PLANNING 16 Preparation of spatial plan. 17-Contents of the spatial plan. 18-0bjections. 19-Approval of spatial plan. 21-Amendments to a spatial plan. THE SAMBURU COUNTY SPATIAL PLANNING ACT, 2020 No. 9 of 2020 Date of Assent: 24th November, 2020 Date of Commencement: See Section | ARRANGEMENT OF SECTIONS Section PART I — PRELIMINARY 1—Short title and Commencement. 2—Interpretation. 3—Object and Purpose. 4—Application. PART II—ADMINISTRATION 5—Directorate of Spatial Planning. 6—Functions of the Directorate. 7—Director of Spatial Planning. 8—Powers of the Director. 9—Officers. 10—Indemnity. 11—Coordinating Committee. 12—Procedure of Co-ordinating Committee. 13—Record of proceedings. 14—Appeals to the Co-ordinating Committee. 15—Appeals to Court. PART INI—SPATIAL PLANNING 16—Preparation of spatial plan. 17—Contents of the spatial plan. 18—Objections. 19—Approval of spatial plan. 20—Publication. 21—Amendments to a spatial plan. No. 9 22-Special planning area. 24 Reporting Samburu County Spatial Plaming 23--Implementation and Compliance. PART IV�CONTROL OF DEVELOPMENT 25- Compliance with the plan. 26-Powers and duties of the Directorate. 27--Subdivision of land. 28--Disposal or land, extension of lease. 29-Application for subdivision. 31-Grant of permission 30 Subdivision with impact on contiguous land. Subdivision of land 32 Preparation of Subdivision plan 33- Fomat of subdivision plan. 34-Subdivision schemes. 2 35Subdivision to be carried out by surveyor. 36 -Registration of subdivision. 39-Plot Coverage. 37-Registration of documents. 38-Density. 40 Reduction in plot area. 41-Development permission. Development Control 42-Application for Development permission. 45Grant of permission. 43-Environment Impact Assessment. 44 Consideration of application. 46 Referral to Coordinating Committee 47-Registration of documents. 48-Carrying out works without development permission. 2020 2020 49-Erection of buildings. 50-Building Code. S1-Approval of building plan. 52-Refusal of approval. 53-Deposit of plans. 55 54 -Compliance with approved plans. Exemptions and partial exemptions. 56 -Terminal features. Samburu County Spatial Planning 57- Sites of public building. 58-Building frontage. 59-Sanitation. 60-Cartilage. 62 Building lines. 61-Alteration of building (change of class). 63-Back to back dwelling. Building Control 3 64-Access to rear of building from street. 65-Access to dwelling and other buildings. 66 Canopies and projections. 67-Offensive sites. 68 Space in front of buildings. 69 72-Service area. Minimum measurement of courtyard. 70-Secondary means of access. 71--External passage. 74 -Hanging sign. 73-Permitted advertisements. 75-Advertisements requiring permission. 76-Removal of unauthorized advertisements. 77-Register. No. 9 2 No.9 Samburu County Spatial Planning 2020 22—Special planning area. 23—Implementation and Compliance. 24—Reporting. PART IV— CONTROL OF DEVELOPMENT 25—Compliance with the plan. 26—Powers and duties of the Directorate. Subdivision of land 27—Subdivision of land. 28—Disposal or land, extension of lease. 29—Application for subdivision. 30—Subdivision with impact on contiguous land. 31—-Grant of permission 32—Preparation of Subdivision plan 33—Format of subdivision plan. 34—Subdivision schemes. 35—Subdivision to be carried out by surveyor. 36—Registration of subdivision. 37—Registration of documents. 38—Density. 39—Plot Coverage. 40—Reduction in plot area. Development Control 41—Development permission. 42—Application for Development permission. 43—Environment Impact Assessment. 44—Consideration of application. 45—Grant of permission. 46—Referral to Coordinating Committee 47—Registration of documents, 48—Camrying out works without development permission. No. 9 22-Special planning area. 24 Reporting Samburu County Spatial Plaming 23--Implementation and Compliance. PART IV�CONTROL OF DEVELOPMENT 25- Compliance with the plan. 26-Powers and duties of the Directorate. 27--Subdivision of land. 28--Disposal or land, extension of lease. 29-Application for subdivision. 31-Grant of permission 30 Subdivision with impact on contiguous land. Subdivision of land 32 Preparation of Subdivision plan 33- Fomat of subdivision plan. 34-Subdivision schemes. 2 35Subdivision to be carried out by surveyor. 36 -Registration of subdivision. 39-Plot Coverage. 37-Registration of documents. 38-Density. 40 Reduction in plot area. 41-Development permission. Development Control 42-Application for Development permission. 45Grant of permission. 43-Environment Impact Assessment. 44 Consideration of application. 46 Referral to Coordinating Committee 47-Registration of documents. 48-Carrying out works without development permission. 2020 2020 49-Erection of buildings. 50-Building Code. S1-Approval of building plan. 52-Refusal of approval. 53-Deposit of plans. 55 54 -Compliance with approved plans. Exemptions and partial exemptions. 56 -Terminal features. Samburu County Spatial Planning 57- Sites of public building. 58-Building frontage. 59-Sanitation. 60-Cartilage. 62 Building lines. 61-Alteration of building (change of class). 63-Back to back dwelling. Building Control 3 64-Access to rear of building from street. 65-Access to dwelling and other buildings. 66 Canopies and projections. 67-Offensive sites. 68 Space in front of buildings. 69 72-Service area. Minimum measurement of courtyard. 70-Secondary means of access. 71--External passage. 74 -Hanging sign. 73-Permitted advertisements. 75-Advertisements requiring permission. 76-Removal of unauthorized advertisements. 77-Register. No. 9 3 2020 Samburu County Spatial Planning Building Control 49—Erection of buildings. 50—Building Code. 51—Approval of building plan. 52—Refusal of approval. 53—Deposit of plans. 54—Compliance with approved plans. 55—Exemptions and partial exemptions. 56—Terminal features. 57—Sites of public building. 58—Building frontage. 59—Sanitation. 60—Cartilage. 61—Alteration of building (change of class). 62—Building lines. 63—Back to back dwelling. 64—Access to rear of building from street. 65—Access to dwelling and other buildings. 66—Canopies and projections. 67— Offensive sites. 68—Space in front of buildings. 69—Minimum measurement of courtyard. 70—Secondary means of access. 71—External passage. 72—Service area. 73—Permitted advertisements. 74—Hanging sign. 75—Advertisements requiring permission. 76—Removal of unauthorized advertisements. 77—Register. No. 9 78-Index to register. 79 Entry in register. 80 -Inspection of register. 81-Access to records. 82 Right of entry. Samburu County Spatial Planning 83- Preservation of special value buildings. 84 False information. 85 Development audit. 86-Authentication and validity of notices and orders. 87- Exemption from liability. 88 Regulations. 4 89 Savings. 90Transition. PART V GENERAL PROVISIONS 2020 FIRST SCHEDULE Long-Term, Short-Term, Renewal and Re-Development Plans SECOND SCHEDULE -Matters Which may be dealt with in Spatial Plan 2020 No. 9 THE SAMBURU COUNTY SPATIAL PLANNING ACT, 2020 AN ACT of the County Assembly of Samburu to provide for preparation of the County Spatial Plan and related physical development plans, and for connected purposes 5 Samburu County Spatial Planning ENACTED by the County Assembly of Samburu, as follows Short title and Commencement Interpretation PARTI-PRELIMINARY 1. This Act may be cited as the Samburu County Spatial Planning Act, 2020 and shall come into operation upon publication in the Kenya Gazette. 2. In this Act, unless the context otherwise requires *advertisement means any word, letter, devise, model, sign, placard, board, notice or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purpose of the advertisement of proprietary articles and without prejudice to the foregoing includes any hoarding or similar structure used or adapted for use for the display of advertisement, and references to the display of advertisements shall be construed accordingly: Provided that any advertisement displayed inside a building shall not be included; "building" means any structure or erection and any part of any structure or erection of any kind whatsoever whether permanent, temporary or movable, and whether completed or uncompleted; "building operations" include rebuilding operations, structural alterations or additions to buildings and other similar operations and the making of access roads, railways, waterworks, sewerage and drainage works, electrical and telephone installations and any road works preliminary to, or incidental to, the erection of buildings; "building or works include waste materials, refuse and other matters deposited on land and reference to the erection or construction of building or works shall be construed accordingly; *chief officer means the chief officer for the time being responsible for land; "density" means the maximum amount of development permitted or the maximum number of persons permitted to reside, as the case may be, on any area of land; 4 No. 9 Samburu County Spatial Planning 2020 78—Index to register. 79—Entry in register. 80—Inspection of register. 81—Access to records. 82—Right of entry. 83—Preservation of special value buildings. 84—False information. 85—Development audit. 86—Authentication and validity of notices and orders. 87—Exemption from liability. PART V—GENERAL PROVISIONS 88—Regulations. 89—Savings. 90—Transition. FIRST SCHEDULE—Long-Term, Short-Term, Renewal and Re-Development Plans SECOND SCHEDULE—Matters Which may be dealt with in Spatial Plan No. 9 78-Index to register. 79 Entry in register. 80 -Inspection of register. 81-Access to records. 82 Right of entry. Samburu County Spatial Planning 83- Preservation of special value buildings. 84 False information. 85 Development audit. 86-Authentication and validity of notices and orders. 87- Exemption from liability. 88 Regulations. 4 89 Savings. 90Transition. PART V GENERAL PROVISIONS 2020 FIRST SCHEDULE Long-Term, Short-Term, Renewal and Re-Development Plans SECOND SCHEDULE -Matters Which may be dealt with in Spatial Plan 2020 No. 9 THE SAMBURU COUNTY SPATIAL PLANNING ACT, 2020 AN ACT of the County Assembly of Samburu to provide for preparation of the County Spatial Plan and related physical development plans, and for connected purposes 5 Samburu County Spatial Planning ENACTED by the County Assembly of Samburu, as follows Short title and Commencement Interpretation PARTI-PRELIMINARY 1. This Act may be cited as the Samburu County Spatial Planning Act, 2020 and shall come into operation upon publication in the Kenya Gazette. 2. In this Act, unless the context otherwise requires *advertisement means any word, letter, devise, model, sign, placard, board, notice or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purpose of the advertisement of proprietary articles and without prejudice to the foregoing includes any hoarding or similar structure used or adapted for use for the display of advertisement, and references to the display of advertisements shall be construed accordingly: Provided that any advertisement displayed inside a building shall not be included; "building" means any structure or erection and any part of any structure or erection of any kind whatsoever whether permanent, temporary or movable, and whether completed or uncompleted; "building operations" include rebuilding operations, structural alterations or additions to buildings and other similar operations and the making of access roads, railways, waterworks, sewerage and drainage works, electrical and telephone installations and any road works preliminary to, or incidental to, the erection of buildings; "building or works include waste materials, refuse and other matters deposited on land and reference to the erection or construction of building or works shall be construed accordingly; *chief officer means the chief officer for the time being responsible for land; "density" means the maximum amount of development permitted or the maximum number of persons permitted to reside, as the case may be, on any area of land; 5 2020 Samburu County Spatial Planning No. 9 THE SAMBURU COUNTY SPATIAL PLANNING ACT, 2020 AN ACT of the County Assembly of Samburu to provide for preparation of the County Spatial Plan and related physical development plans, and for connected purposes ENACTED by the County Assembly of Samburu, as follows— PART I — PRELIMINARY Short title and Commencement 1. This Act may be cited as the Samburu County Spatial Planning Act, 2020 and shall come into operation upon publication in the Kenya Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “advertisement” means any word, letter, devise, model, sign, placard, board, notice or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purpose of the advertisement of proprietary articles and without prejudice to the foregoing includes any hoarding or similar structure used or adapted for use for the display of advertisement, and references to the display of advertisements shall be construed accordingly: Provided that any advertisement displayed inside a building shall not be included; “building” means any structure or erection and any part of any structure or erection of any kind whatsoever whether permanent, temporary or movable, and whether completed or uncompleted; “building operations” include rebuilding operations, structural alterations or additions to buildings and other similar operations and the making of access roads, railways, waterworks, sewerage and drainage works, electrical and telephone installations and any road works preliminary to, or incidental to, the erection of buildings; “building or works” include waste materials, refuse and other matters deposited on land and reference to the erection or construction of building or works shall be construed accordingly; “chief officer’ means the chief officer for the time being responsible for land; “density” means the maximum amount of development permitted or the maximum number of persons permitted to reside, as the case may be, on any area of land; No. 9 "director" means the Director responsible for Spatial Planning appointed under section 6; Object and Purpose 6 Samburu County Spatial Planning directorate" means the Directorate established under section 4; "executive member means the county executive member for the time being responsible for lands; "spatial plan" means the spatial plan as prescribed under the County Governments Act, 2012 or the physical development plan for the purpose of improving the land and providing for the proper physical development of such land, and securing suitable provision for transportation, public purposes, utilities and services, commercial, industrial, residential and recreational areas, including parkS, open spaces and reserves and also the making of suitable provision for the use of land for building or other purposes. to 3. The object and purpose of this Act is to provide for a legal framework for preparation and implementation of county spatial plans and related development plans as provided for under section 8 of Part 2 of the Fourth Schedule to the Constitution of Kenya, Part XI of County Governments Act, 2012 and Urban Areas and Cities Act, 2012 in order (a) co-ordinate spatial planning and development; (b) promote organized planning and development of physical infrastructure; (c) enhance regulation of physical development and land use; Application 2020 (d) promote effective and transparent physical planning process; and (e) promote sustainable social economic development. 4. This Act shall apply within the jurisdiction of Samburu County. PART I-ADMINISTRATION Directorate of Spatial Planning 5. (1) There is established in the County the Directorate of Spatial Planning which shall be an office in the county public service. (2) The Directorate shall be responsible for (2) coordinating implementation of this Act; 2020 Samburu County Spatial Planing (b) preparing spatial plan for the county, sub counties and for each town or urban area; (c) ensuring compliance with any physical development plan developed under this Act; No. 9 (d) receiving review and considering any development plan or proposal, building plan, building operation or application for change of user, extension of user, extension of leases, subdivision of land and amalgamation of 1land; (e) advising the executive member on the most appropriate use of land including land management such as change of user, extension of user, extension of leases, subdivision of land and amalgamation of land; () carrying out continuous research, study and assessment related to growth and development in the county and advise executive member on necessary measures and policy to be undertaken in facilitating planned development of physical infrastructure and economic development; (g) maintaining safe custody of all records, physical development plans and documents prepared or submitted under this Act (h) providing liaison with national government on any matter related to this Act; (i) advising the executive member generally on any policy to be adopted or matter necessary to effective achievement of the objectives; and () carrying out any other function for effective realization of objectives under this Act or as may be assigned by the Executive Member. Functions of the Directorate 6. (1) There shall be a Director responsible for spatial planning who shall head the Directorate. (2) The Director shall be competitively appointed by the County Public Service Board. Director ofr Spatial Planning (a 7. (1) Subject to the direction by the Executive Member, the Director shall have powers to cause to be prepared the county spatial plan and physi cal development; 6 No. 9 Samburu County Spatial Planning “director” means the Director responsible for Spatial Planning appointed under section 6; “directorate” means the Directorate established under section 4; “executive member” means the county executive member for the time being responsible for Iands; “spatial plan” means the spatial plan as prescribed under the County Governments Act, 2012 or the physical development plan for the purpose of improving the land and providing for the proper physical development of such land, and securing suitable provision for transportation, public purposes, utilities and services, commercial, industrial, residential and recreational areas, including parks, open spaces and reserves and also the making of suitable provision for the use of land for building or other purposes. Object and Purpose 3. The object and purpose of this Act is to provide for a legal framework for preparation and implementation of county spatial plans and related development plans as provided for under section 8 of Part 2 of the Fourth Schedule to the Constitution of Kenya, Part XI of County Governments Act, 2012 and Urban Areas and Cities Act, 2012 in order to— (a) co-ordinate spatial planning and development; (®) promote organized planning and development of physical infrastructure; (c) enhance regulation of physical development and land use; (d) promote effective and transparent physical planning process; and (€) promote sustainable social economic development. 2020 Application 4. This Act shall apply within the jurisdiction of Samburu County. PART II—ADMINISTRATION Directorate of Spatial Planning 5. (1) There is established in the County the Directorate of Spatial Planning which shall be an office in the county public service. (2) The Directorate shall be responsible for— (2) coordinating implementation of this Act; No. 9 "director" means the Director responsible for Spatial Planning appointed under section 6; Object and Purpose 6 Samburu County Spatial Planning directorate" means the Directorate established under section 4; "executive member means the county executive member for the time being responsible for lands; "spatial plan" means the spatial plan as prescribed under the County Governments Act, 2012 or the physical development plan for the purpose of improving the land and providing for the proper physical development of such land, and securing suitable provision for transportation, public purposes, utilities and services, commercial, industrial, residential and recreational areas, including parkS, open spaces and reserves and also the making of suitable provision for the use of land for building or other purposes. to 3. The object and purpose of this Act is to provide for a legal framework for preparation and implementation of county spatial plans and related development plans as provided for under section 8 of Part 2 of the Fourth Schedule to the Constitution of Kenya, Part XI of County Governments Act, 2012 and Urban Areas and Cities Act, 2012 in order (a) co-ordinate spatial planning and development; (b) promote organized planning and development of physical infrastructure; (c) enhance regulation of physical development and land use; Application 2020 (d) promote effective and transparent physical planning process; and (e) promote sustainable social economic development. 4. This Act shall apply within the jurisdiction of Samburu County. PART I-ADMINISTRATION Directorate of Spatial Planning 5. (1) There is established in the County the Directorate of Spatial Planning which shall be an office in the county public service. (2) The Directorate shall be responsible for (2) coordinating implementation of this Act; 2020 Samburu County Spatial Planing (b) preparing spatial plan for the county, sub counties and for each town or urban area; (c) ensuring compliance with any physical development plan developed under this Act; No. 9 (d) receiving review and considering any development plan or proposal, building plan, building operation or application for change of user, extension of user, extension of leases, subdivision of land and amalgamation of 1land; (e) advising the executive member on the most appropriate use of land including land management such as change of user, extension of user, extension of leases, subdivision of land and amalgamation of land; () carrying out continuous research, study and assessment related to growth and development in the county and advise executive member on necessary measures and policy to be undertaken in facilitating planned development of physical infrastructure and economic development; (g) maintaining safe custody of all records, physical development plans and documents prepared or submitted under this Act (h) providing liaison with national government on any matter related to this Act; (i) advising the executive member generally on any policy to be adopted or matter necessary to effective achievement of the objectives; and () carrying out any other function for effective realization of objectives under this Act or as may be assigned by the Executive Member. Functions of the Directorate 6. (1) There shall be a Director responsible for spatial planning who shall head the Directorate. (2) The Director shall be competitively appointed by the County Public Service Board. Director ofr Spatial Planning (a 7. (1) Subject to the direction by the Executive Member, the Director shall have powers to cause to be prepared the county spatial plan and physi cal development; 7 Samburu County Spatial Planning No. 9 (b) preparing spatial plan for the county, sub counties and for each town or urban area; (c) ensuring compliance with any physical development plan developed under this Act; (d) receiving review and considering any development plan or proposal, building plan, building operation or application for change of user, extension of user, extension of leases, subdivision of land and amalgamation of land; (e) advising the executive member on the most appropriate use of land including land management such as change of user, extension of user, extension of leases, subdivision of land and amalgamation of land; (f) carrying out continuous research, study and assessment related to growth and development in the county and advise executive member on necessary measures and policy to be undertaken in facilitating planned development of physical infrastructure and economic development; (g) maintaining safe custody of all records, physical development plans and documents prepared or submitted under this Act, (h) providing liaison with national government on any matter related to this Act; (i) advising the executive member generally on any policy to be adopted or matter necessary to effective achievement of the objectives; and @j) carrying out any other function for effective realization of objectives under this Act or as may be assigned by the Executive Member. Functions of the Directorate 6. (1) There shall be a Director responsible for spatial planning who shall head the Directorate. (2) The Director shall be competitively appointed by the County Public Service Board. Director of Spatial Planning 7. (1) Subject to the direction by the Executive Member, the Director shall have powers to— (a) cause to be prepared the county spatial plan and physical development; 2020 No. 9 (6) approve any building plan or building operations or works; (c) issue orders related to the implementation of this Act; (d) make, supervise or direct any physical planning, Samburu County Spatial Planning (e) inspect, examine any document related to physical planning; and () perform any other act in furtherance of the objectives of this Act. Powers of the Director 8. The Director may delegate in writing any of his powers under this Act generally or specially to any officer appointed under section 9. Officers Indemnity 9. The County Public Service Board shall appoint such number of officers to serve in the Directorate for effective carrying out of its functions under this Act. 2020 10. The Director or any officer appointed under section 9 or a member of the county Coordinating committee shall not be personally liable to any action or other proceeding for or in respect of any act done or omitted to be done without negligence and in good faith in the exercise or purported exercise of any of the functions conferred by or under this Act. Co-ordinating Committee 11. (1) There is established the County Spatial Planning Coordinating Committee. (2) The Coordinating Committee shall consist of (a) the chief officer responsible for land who shall be the Chairperson; (b) the director responsible for spatial planning who shall be the Secretary; (c) the officer responsible for coordination of national government functions in the county; (i) survey; (d) officers appointed under county public service to head the following county departments (1) water, 2020 (iii) land; (iv) agriculture, Samburu County Spatial Planning (v) education; (vi) public health; (vii) development and planning, (viii)environment; and 9 (ix) architectural. (e) the secretary to County Land Management Board; () one officer representing the National Environment Management Authority; and (g) an officer of national government responsible for roads in the county; No. 9 (h) a registered physical planner in private practice and in good professional standing duly appointed by the executive member, ) any person that may be co-opted. (3) The fuñctions of the Coordinating Committee shall be to (a) inquire into and determine complaints made against the Directorate or Director in the exercise of functions under this Act; (b) enquire into and determine conflicting claims made in respect of applications for development permission, (c) determine development applications for change of user or subdivision of land which may have significant impact on contiguous land or be in breach of any condition registered against a title deed in respect of such land; (d) determine development applications relating to industrial location, dumping sites or sewerage treatment which may have injurious impact on the environment as well as applications in respect of land adjoining or within a reasonable vicinity of safeguarding areas; and (e) review and determine matters referred to it by the Directorate. Procedure of Coordinating Committee 12. (1) At every meeting of the Coordinating Committee one half of the members (excluding the co-opted members) shall constitute a quorum 8 No. 9 Samburu County Spatial Planning 2020 (b) approve any building plan or building operations or works, (c) issue orders related to the implementation of this Act; (d) make, supervise or direct any physical planning; (e) inspect, examine any document related to physical planning; and (f) perform any other act in furtherance of the objectives of this Act. Powers of the Director 8. The Director may delegate in writing any of his powers under this Act generally or specially to any officer appointed under section 9. Officers 9. The County Public Service Board shall appoint such number of officers to serve in the Directorate for effective carrying out of its functions under this Act. Indemnity 10.The Director or any officer appointed under section 9 or a member of the county Coordinating committee shall not be personally liable to any action or other proceeding for or in respect of any act done or omitted to be done without negligence and in good faith in the exercise or purported exercise of any of the functions conferred by or under this Act. Co-ordinating Committee 11. (1) There is established the County Spatial Planning Coordinating Committee. (2) The Coordinating Committee shall consist of — (a) the chief officer responsible for land who shall be the Chairperson; (b) the director responsible for spatial planning who shall be the Secretary; (c) the officer responsible for coordination of national government functions in the county; (a) officers appointed under county public service to head the following county departments— Gi) survey; Gi) water; No. 9 (6) approve any building plan or building operations or works; (c) issue orders related to the implementation of this Act; (d) make, supervise or direct any physical planning, Samburu County Spatial Planning (e) inspect, examine any document related to physical planning; and () perform any other act in furtherance of the objectives of this Act. Powers of the Director 8. The Director may delegate in writing any of his powers under this Act generally or specially to any officer appointed under section 9. Officers Indemnity 9. The County Public Service Board shall appoint such number of officers to serve in the Directorate for effective carrying out of its functions under this Act. 2020 10. The Director or any officer appointed under section 9 or a member of the county Coordinating committee shall not be personally liable to any action or other proceeding for or in respect of any act done or omitted to be done without negligence and in good faith in the exercise or purported exercise of any of the functions conferred by or under this Act. Co-ordinating Committee 11. (1) There is established the County Spatial Planning Coordinating Committee. (2) The Coordinating Committee shall consist of (a) the chief officer responsible for land who shall be the Chairperson; (b) the director responsible for spatial planning who shall be the Secretary; (c) the officer responsible for coordination of national government functions in the county; (i) survey; (d) officers appointed under county public service to head the following county departments (1) water, 2020 (iii) land; (iv) agriculture, Samburu County Spatial Planning (v) education; (vi) public health; (vii) development and planning, (viii)environment; and 9 (ix) architectural. (e) the secretary to County Land Management Board; () one officer representing the National Environment Management Authority; and (g) an officer of national government responsible for roads in the county; No. 9 (h) a registered physical planner in private practice and in good professional standing duly appointed by the executive member, ) any person that may be co-opted. (3) The fuñctions of the Coordinating Committee shall be to (a) inquire into and determine complaints made against the Directorate or Director in the exercise of functions under this Act; (b) enquire into and determine conflicting claims made in respect of applications for development permission, (c) determine development applications for change of user or subdivision of land which may have significant impact on contiguous land or be in breach of any condition registered against a title deed in respect of such land; (d) determine development applications relating to industrial location, dumping sites or sewerage treatment which may have injurious impact on the environment as well as applications in respect of land adjoining or within a reasonable vicinity of safeguarding areas; and (e) review and determine matters referred to it by the Directorate. Procedure of Coordinating Committee 12. (1) At every meeting of the Coordinating Committee one half of the members (excluding the co-opted members) shall constitute a quorum 2020 Samburu Cina Spa Planning No. 9 (iit) land; (iv) agriculture; (v) education; (vi) public health; (vii) development and planning; (viii)environment,; and (ix) architectural. (e) the secretary to County Land Management Board; (f) one officer representing the National Environment Management Authority; (g) an officer of national government responsible for roads in the county; (h) a registered physical planner in private practice and in good professional standing duly appointed by the executive member, and (i) any person that may be co-opted. (3) Tlie fuiictions of the Coordinating Committee shall be to— (a) inquire into and determine complaints made against the Directorate or Director in the exercise of functions under this Act; (b) enquire into and determine conflicting claims made in respect of applications for development permission; (c) determine development applications for change of user or subdivision of land which may have significant impact on contiguous land or be in breach of any condition registered against a title deed in respect of such land; (d) determine development applications relating to indusmal location, dumping sites or sewerage treatment which may have injurious impact on the environment as well as applications in respect of land adjoining or within a reasonable vicinity of safeguarding areas; and (e) review and determine matters referred to it by the Directorate. Procedure of Coordinating Committee 12. (1) At every meeting of the Coordinating Committee one half of the members (excluding the co-opted members) shall constitute a quorum No. 9 Samburnu County Spaial Planning 10 and all decisions of the committee shall be taken by a vote of the maiois. of the members (excluding co- opted members) present and voting, and in the case of an equality of votes the chairman or the member actino ae chairman shall have a casting vote in addition to his deliberative vote (2) The Coordinating Committee shall meet at least once every month. Record of proceedings (3) No member of the Coordinating committee shall take part in the deliberation of any matter of which he is directly interested or concerned with. 2020 13. The record of proceedings of Coordinating Committee shall be kept and filed in the office of the secretary to the committee and may be inspected and copies thereof obtained upon payment of such fees as the executive member may fromn time to time prescribe. Appeals to the Coordinating Committee 14. (1) Any person aggrieved by a decision of the Director concerning any physical development plan or matters connected therewith, may within sixty days of receipt by him of notice of such decision, appeal to the Coordinaing Committee in writing against the decision in such manner an may be prescribed. Appeals to Court (2) Subjed to subsection (3), the Coordinating 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) When a decision is reversed by the Coordinating Committee shall, before making any order under subsection (2), afford the Director 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. 15. Any person aggrieved by a decision of the Coordinating Commitiee may, upon receipt of the notice of such a decision appeal to the Environment and Land Court against such decisi on. PART II�SPATIAL PLANNING Preparation of spatial plan 16. (0) The Direciorate shall in collaboration with other county and national government departments prepare a ten year or a longer temi 2020 Samburu County Spatial Planning county spatial plan with reference to any public land, community land or private land within town, urban area and trading or marketing center. (2) The spatial plan shall be prepared for the purpose of guidíng and coordinating development of infrastructural facilities and services for an area under subsection (1), and for the specific control of the use and development of land or for provision of any land in such area for public purposes. (3) The spatial plan may No. 9 (a) provide for long term or short term physical development for the purposes set out in the First Schedule in relation to each type of plan; (b) provide for planning, re-planning, renewal, reconstructing or redeveloping the whole or part of the area comprised in the pian; and (c) provide for controlling the order, nature and direction of development in such area. Contents of the spatial plan 17. The spatial plan shall consist of a) the matters prescribed under the County Governments Act in regard to the content of county spatial plan, (b) matters specified in the Second Schedule; (c) a technical report on the conditions and facilities in the area d) a statement of policies and proposals with regard to the allocation of resources and the allocations for development within the area (e) such description and analy sis of the conditions of development in the area as may be necessary to explain and justify the statement of policies and proposals; () relevant studies and reports conceming physical development of the area, (g) maps and plans showing present and future land uses and development in the area, and (h) such other information as the execuive member may prescnbe. Objections 18. (1) The Directorate shall, not later than thirty davs after the preparation of the spatial plan publish a noice in the Gzelle and in at least two local newspapers with widest circulation in the Kenva to the 10 9 Samburu County Spatial Planning 2020 No. s ” 4 ae mmittee shall be taken by a vote of the majority Se tect opted members) present and voting, and rs (excluding co- of “ a . bg sey of votes the chairman or the member acting as in the cas ; = chairman shall have a casting vote in addition to his deliberative vote. 2) The Coordinating Committee shall meet at least once every 2 8 month. (3) No member of the Coordinating committee shall take part in the deliberation of any matter of which he is directly interested or concerned with. Record of proceedings 13. The record of proceedings of Coordinating Committee shall be kept and filed in the office of the secretary to the committee and may be inspected and copies thereof obtained upon payment of such fees as the executive member may from time to time prescribe. Appeals to the Coordinating Committee 14.(1) Any person aggrieved by a decision of the Director conceming any physical development plan or matters connected therewith, may within sixty days of receipt by him of notice of such decision, appeal to the Coordinating Committee in writing against the decision in such manner an may be prescribed. (2) Subject to subsection (3), the Coordinating Committee may Teverse, confirm or vary the decision appealed against and make such order as it deems necessary or expedient to give effect to its decision. (3) When a decision is reversed by the Coordinating Committee it shall. before making any order under subsection (2), afford the Director an Opportunity of making sepresentations as to any conditions or ratirements which in his opinion ought to be included in the order, and = also afford the appellant an Opportunity to replying to such Fepresentations. Appeals to Court 1S. Any person aggrieved b isi inati 5 : Y a decision of the Coordinating ties may, upon receipt of the notice of such a decision appeal to the ‘onment and Land Coun against such decision. PART HI—SPATIAL PLAN NING Preparation of Spatial plan 16. (1) The Directorate shall j i i a in collaboration with other county and Government departments Prepare a ten year or a longer term a No. 9 Samburnu County Spaial Planning 10 and all decisions of the committee shall be taken by a vote of the maiois. of the members (excluding co- opted members) present and voting, and in the case of an equality of votes the chairman or the member actino ae chairman shall have a casting vote in addition to his deliberative vote (2) The Coordinating Committee shall meet at least once every month. Record of proceedings (3) No member of the Coordinating committee shall take part in the deliberation of any matter of which he is directly interested or concerned with. 2020 13. The record of proceedings of Coordinating Committee shall be kept and filed in the office of the secretary to the committee and may be inspected and copies thereof obtained upon payment of such fees as the executive member may fromn time to time prescribe. Appeals to the Coordinating Committee 14. (1) Any person aggrieved by a decision of the Director concerning any physical development plan or matters connected therewith, may within sixty days of receipt by him of notice of such decision, appeal to the Coordinaing Committee in writing against the decision in such manner an may be prescribed. Appeals to Court (2) Subjed to subsection (3), the Coordinating 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) When a decision is reversed by the Coordinating Committee shall, before making any order under subsection (2), afford the Director 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. 15. Any person aggrieved by a decision of the Coordinating Commitiee may, upon receipt of the notice of such a decision appeal to the Environment and Land Court against such decisi on. PART II�SPATIAL PLANNING Preparation of spatial plan 16. (0) The Direciorate shall in collaboration with other county and national government departments prepare a ten year or a longer temi 2020 Samburu County Spatial Planning county spatial plan with reference to any public land, community land or private land within town, urban area and trading or marketing center. (2) The spatial plan shall be prepared for the purpose of guidíng and coordinating development of infrastructural facilities and services for an area under subsection (1), and for the specific control of the use and development of land or for provision of any land in such area for public purposes. (3) The spatial plan may No. 9 (a) provide for long term or short term physical development for the purposes set out in the First Schedule in relation to each type of plan; (b) provide for planning, re-planning, renewal, reconstructing or redeveloping the whole or part of the area comprised in the pian; and (c) provide for controlling the order, nature and direction of development in such area. Contents of the spatial plan 17. The spatial plan shall consist of a) the matters prescribed under the County Governments Act in regard to the content of county spatial plan, (b) matters specified in the Second Schedule; (c) a technical report on the conditions and facilities in the area d) a statement of policies and proposals with regard to the allocation of resources and the allocations for development within the area (e) such description and analy sis of the conditions of development in the area as may be necessary to explain and justify the statement of policies and proposals; () relevant studies and reports conceming physical development of the area, (g) maps and plans showing present and future land uses and development in the area, and (h) such other information as the execuive member may prescnbe. Objections 18. (1) The Directorate shall, not later than thirty davs after the preparation of the spatial plan publish a noice in the Gzelle and in at least two local newspapers with widest circulation in the Kenva to the 1] 2020 Samburu County Spatial Planning county spatial plan with reference to any public Jand, community land or private land within town, urban area and trading or marketing center. (2) The spatial plan shall be prepared for the purpose of guiding and coordinating development of infrastructural facilities and services for an area under subsection (1), and for the specific control of the use and development of fand or for provision of any land in such area for public purposes. (3) The spatial plan may— (a) provide for Jong term or short term physical development for the purposes set out in the First Schedule in relation to each type of plan; (b) provide for planning, re-planning, renewal, reconstructing or redeveloping the whole or part of the area comprised in the pian; and (c) provide for controlling the order, nature and direction of development in such area. Contents of the spatial plan 17. The spatial plan shall consist of— (a) the matters prescribed under the County Governments Act in regard to the content of county spatial plan; (b) matters specified in the Second Schedule; (c) atechnical report on the conditions and facilities in the area; (d) a statement of policies and proposals with regard to the allocation of resources and the allocations for development within the area: (e) such description and analysis of the conditions of development in the area as may be necessary to explain and justify the statement of policies and proposals; No.9 (f) relevant studies and reports conceming physical development of the area; (g) maps and plans showing present and future land uses and development in the area; and (h) such other information as the execuuve member may prescnbe. Objections 18. (1) The Directorate shall, not later than thirty days after the preparation of the spatial plan publish a notice in the Gazeve and in at least two local newspapers with widest circulation in the Kenya to the 13 Samburu Counn Spttal Panning No. 9 effect that the plan is open for inspection at the place and the times specified in the notice (2) The notice shall request any interested person who desires to make anv representations against, or objections to the plan, to write to the Director not later than thirty davs after the date of the first publication gf the notice or such date as is specified in the notice. 2020 (3) The Director mav in his discretion accommodate or decline to accommodate such representati ons or objections to the plan, and in either case, shall within thirty davs of his decision, notify the petitioner in wTiting accordinglv, and shall give reasons in the case of decline. (4) If the petitioner is aggrieved by the decision of the Director he mav appeal against such decision to the Coordinating Committee. Approval of spatial plan (S) A person who is aggrieved by a decision of the Coordinating Committee mav appeal against such decision to the Environment and Land Court 19. () f after the expiration of the thirty days no representations against or objections to. the spatial plan have been made to the Director, the Directo¡r shall certify the plan in triplicate and submit the certified pians to the executive member for transmission to the county executive committee for considerati on and adoption. (2) The county executive committee may (a) adopt the spatial plan either without, or subject to, such cond1tions or modifications as it may consi der necessary; or Publication (b) refuse to adopt it in which case it may require the Director to prepare a new plan for its approval taking into account the propused mud1ficalions or the grounds for its refusal. ($) The county executive commitee shall, within thirty days of adopt1ng the spat1al plan transmit it to the county assembly for COnsideratior and approval 20. Te executive niember shall, upon the approval of the spatial piar by the county assembly. publish a notice in the Gazette and in at least Iwc locai newspapers with widest Circulation in the Kenva to the eflect that the pian has been approved and may be inspected in such a place and at such times as stipulated in the iotice 2020 Samburn Comnty Spatal Plunning Amendments to a spatial plan 13 No. 9 21. (1) The Director, may from time to time and in such manner as may be prescribed, submit to the executive member proposals for the revocation or modification of the spatial plan on either or both of the following grounds (a) that there are practical difficulties in the execution or enforcement of the approved plan, (b) that there has been change of circumstances since the plan was approved. (2) The Executive Member shall publish in the iazette a notice of the proposed revocation or modification of the physical development plan stating the period within which representations or object:ons to the proposed modification or revocation may be made to the Director (3) If after the expiration of the period specified in the notice no representations or objections have been made to him under subsection (2), the Director shall submit the proposed modification or revocation of the plan to the executive member for transmission to the County Executve Committee for consideration and adoption. (4) The County Executive Commitee may adopt or reject the proposed revocation or modification of the plan. (5) Where the County Executive Committee adopts the revocat: on or modification to the plan, it shall submnit it to the countv assemoiv for approval. Special planning area (6) Where the proposed revocation or modiicaton has been approved under subsection (5), the Executive Member shail not later than sixty days after the approval, publish in the Gazette a notce of uch revocation or modification of the plan. 22. (1) The Executive Member mav, bv notce in the Cceiie. declare an area with unique development potentiai or speciai ccnmC interests or problems as a special pianm1ng rea for the pupse of preparation of a spatial plan. (2) Subject to subsection (3), the executive member nay by oice in the Gazette, suspend for a penod of not more than o vers Anv development he deems necessary in a special piaRng ea untti ihe spatial plan in espect of such aca has been approved bv the couItV assembly (3) Where, betore the declaratton of a spec ag uea under 2 9 Samburu County Spatial Planning 2020 No. 5 . ; ffect that the plan is open for inspection at the place and the times effect in IS specified in the notice. | (2) The notice shall request any interested person who desires to 2 Ss F objections to the plan, to write to the -¢ any representations against, or objections rite Epes eater than thirty days after the date of the first publication of the notice or such date as is specified in the notice. (3) The Director may in his discretion accommodate or decline to accommodate such representations or objections to the plan, and in either case, shall within thirty days of his decision, notify the petitioner in writing accordingly. and shall give reasons in the case of decline. (4) If the petitioner is aggrieved by the decision of the Director he may appeal against such decision to the Coordinating Committee. (5) A person who is aggrieved by a decision of the Coordinating Committee may appeal against such decision to the Environment and Land Coun. Approval of spatial plan 19. (i) If after the expiration of the thirty days no representations against or objections to. the spatial plan have been made to the Director, the Director shall certify the plan in triplicate and submit the certified Plans to the executive member for transmission to the county executive committee for consideration and adoption. (2) The county executive committee may— (a) adopt the spatial plan either without, or subject to, such conditions or modifications as it May consider necessary; or (b) refuse to adopt it in which case it May require the Director to Prepare @ new plan for its approval taking into account the Proposed modifications or the grounds for its refusal. (3) The county executive committee shall, within thirty days of adopting the spatial plan transmit it to the county assembly for Consideration and approval Publication 26. The executive member Shall, u - = rin County assembly. publish a n WO local newspapers with widest circ i ec du the lane ns a 2 ett circulation in the Kenya to the effect @{ such umes as Stupulated in the houce —— 13 Samburu Counn Spttal Panning No. 9 effect that the plan is open for inspection at the place and the times specified in the notice (2) The notice shall request any interested person who desires to make anv representations against, or objections to the plan, to write to the Director not later than thirty davs after the date of the first publication gf the notice or such date as is specified in the notice. 2020 (3) The Director mav in his discretion accommodate or decline to accommodate such representati ons or objections to the plan, and in either case, shall within thirty davs of his decision, notify the petitioner in wTiting accordinglv, and shall give reasons in the case of decline. (4) If the petitioner is aggrieved by the decision of the Director he mav appeal against such decision to the Coordinating Committee. Approval of spatial plan (S) A person who is aggrieved by a decision of the Coordinating Committee mav appeal against such decision to the Environment and Land Court 19. () f after the expiration of the thirty days no representations against or objections to. the spatial plan have been made to the Director, the Directo¡r shall certify the plan in triplicate and submit the certified pians to the executive member for transmission to the county executive committee for considerati on and adoption. (2) The county executive committee may (a) adopt the spatial plan either without, or subject to, such cond1tions or modifications as it may consi der necessary; or Publication (b) refuse to adopt it in which case it may require the Director to prepare a new plan for its approval taking into account the propused mud1ficalions or the grounds for its refusal. ($) The county executive commitee shall, within thirty days of adopt1ng the spat1al plan transmit it to the county assembly for COnsideratior and approval 20. Te executive niember shall, upon the approval of the spatial piar by the county assembly. publish a notice in the Gazette and in at least Iwc locai newspapers with widest Circulation in the Kenva to the eflect that the pian has been approved and may be inspected in such a place and at such times as stipulated in the iotice 2020 Samburn Comnty Spatal Plunning Amendments to a spatial plan 13 No. 9 21. (1) The Director, may from time to time and in such manner as may be prescribed, submit to the executive member proposals for the revocation or modification of the spatial plan on either or both of the following grounds (a) that there are practical difficulties in the execution or enforcement of the approved plan, (b) that there has been change of circumstances since the plan was approved. (2) The Executive Member shall publish in the iazette a notice of the proposed revocation or modification of the physical development plan stating the period within which representations or object:ons to the proposed modification or revocation may be made to the Director (3) If after the expiration of the period specified in the notice no representations or objections have been made to him under subsection (2), the Director shall submit the proposed modification or revocation of the plan to the executive member for transmission to the County Executve Committee for consideration and adoption. (4) The County Executive Commitee may adopt or reject the proposed revocation or modification of the plan. (5) Where the County Executive Committee adopts the revocat: on or modification to the plan, it shall submnit it to the countv assemoiv for approval. Special planning area (6) Where the proposed revocation or modiicaton has been approved under subsection (5), the Executive Member shail not later than sixty days after the approval, publish in the Gazette a notce of uch revocation or modification of the plan. 22. (1) The Executive Member mav, bv notce in the Cceiie. declare an area with unique development potentiai or speciai ccnmC interests or problems as a special pianm1ng rea for the pupse of preparation of a spatial plan. (2) Subject to subsection (3), the executive member nay by oice in the Gazette, suspend for a penod of not more than o vers Anv development he deems necessary in a special piaRng ea untti ihe spatial plan in espect of such aca has been approved bv the couItV assembly (3) Where, betore the declaratton of a spec ag uea under 13 2020 Samburu County Spatial Planning No.9 Amendments to a spatiaf plan 21. (1) The Director, may from time to time and in such manner as may be prescribed, submit to the executive member proposals for the revocation or modification of the spatial plan on either or both of the following grounds— (a) that there are practical difficulties in the execution or enforcement of the approved plan; (b) that there has been change of circumstances since the plan was approved. (2) The Executive Member shall publish in the Gazette a notice of the proposed revocation or modification of the physical development alan stating the period within which representations or objections to the proposed modification or revocation may be made to the Director (3) If after the expiration of the period specified in the nonce 10 representations or objections have been made to him under subsection (2), the Director shall submit the proposed modification of revocation of the plan to the executive member for transmission to the County Execute Committee for consideration and adoption (4) The County Executive Committee may adopt of reject ‘he proposed revocation or modification of the plan (5) Where the County Executive Committee adopts the revocation or modification to the plan, it shall submit it to the county assemoiv for approval. (6) Where the proposed revocation of modificanen tas deen approved under subsection (5), the Execunve Member shai: set ‘ater than sixty days after the approval, publish in the Gazelle a nonce of such revocation or modification of the plan. Special planning area 22. (1) The Executive Member may, by nouce in the Cazerie. declare an area with unique development potential or speciai economic interests or problems as 2 special planmag area for the purpose of preparation of a spatial plan. f (2) Subject to subsechon (3), the executive memder may Ov HCE in the Gazette, suspend for a penod of aot move than two wears, anv development he deems necessary in 2 special pianmag wea uNhi ihe spatial plan in respect of such area has been approved Dy ine county assembly (3) Where, before the declaration of a special pianaioag area under No. 9 Samburu County Spatial Planning Subsection (1), a development permission has been granted by for development in the area such permission shall not be affected by tho suspension if the development in respect of which the permission is granted has been commenced not less than s0x months before the suspension of development of the kind in the special planning area. Implementation and compliance 23. The Directorate shall (a) ensure and facilitate the implementation of the spatial plan; (b) ensure maximum compliance with the spatial plan and all the requirements with this Act. Reporting 24. (1) The Directorate shall prepare an annual physical planning report which shall be submitted to the County Executive Committee for consideration. 2020 (2) The report shall contain among others the following information (a) the level and extent of compliance with the Act; (b) measures taken by the directorate to facilitate implementation and compliance with the Act, (c) challenges faced in seeking comprehensive implementation and compliance with the Act; (d) any other information that the Executive Member may require. PART IV-CONTROL OF DEVELOPMENT Compliance with the plan 25. No development shall take place on any land unless it is in conformity with spatial plan. Powers and duties of the Directorate 26. Subject to the approval by the County Executive Committee, the Directorate shall have powers to (a) to prohibit or control the use and development of land and buildings in the interests of proper and orderly development of its area, (b) t0 control or prohibit the subdivision of land or existing plots into smaller areas; 2020 (c) to consider and approve all development applications and grant all development permissions; Samburu County Spatial Planning (d) to ensure the proper execution and implementation of approved physical development plans; (e) to propose for adoption Regulations to regulate zoning in respect of use and density of development; and Subdivision of land (t) to reserve and maintain all the land planned for open spaces, parks, urban forests and green belts in accordance with the approved physical development plan. No. 9 Cap. 282 Subdivision of land 27. No private land within the county shall be subdivided except in accordance with the requirements of a physical development plan approved in relation to that area. Disposal or land, extension of lease No. 2 of 2012 28. Subject to the provisions of Trust Land Act and Land Registration Act, and any other written law relating to the administrati on of land, no subdivision, consolidation, lease or renewal of lease of an un alienated public Land or Trust Land or of a private land shall be effected without due regard being had to the requirements of the physical development plan of the area. Application for subdivision 29. (1) A person intending to subdivide a parcel land shall apply to the Directorate for approval in the prescribed form and upon payment of the prescribed fees. (2) An application under subsection (1) shall be accompanied by a subdivision plan prepared in accordance with this Act. (3) Upon receipt of the application under subsection (1), the Directorate shall within thirty days consider and review the application. Subdivision with impact on contiguous land 30. (1) Where in the opinion of the Directorate an application in respect of development, change of ser or subdivision has important impact on contiguous land or does not conform to any conditions registered against the title deed of property, the Directorate shall, at the if No.9 Samburu County Spatial Planning 2020 ; ermission has been granted by for Lone Pee eer pertiscion shall not be affected by the ais if the development in respect of which the permission js —— has been commenced not less than six months before the suspension of development of the kind in the special planning area. Implementation and compliance 23. The Directorate shall— (a) ensure and facilitate the implementation of the spatial plan; (b) ensure maximum compliance with the spatial plan and all the requirements with this Act. Reporting 24. (1) The Directorate shall prepare an annual physical planning Teport which shall be submitted to the County Executive Committee for consideration. (2) The report shall contain among others the following information— (a) the level and extent of compliance with the Act; (b) measures taken by the directorate to facilitate implementation and compliance with the Act; (c) challenges faced in seeking comprehensive implementation and compliance with the Act; (d) any other information that the Executive Member may require. PART IV— CONTROL OF DEVELOPMENT Compliance with the plan 25.No development shall taki it is i conformity with spatial oun € place on any land unless it is in Powers and duties of the Directorate 26. Subject to the approval b th j i Directorate shall have nee pa ee Commies the ® rat times <i Control the use and development of land and its area’ interests of proper and orderly development of (b) to control or prohibi k it the ivisi Fae into smaller areas: Subdivision of land or existing plots eigy No. 9 Samburu County Spatial Planning Subsection (1), a development permission has been granted by for development in the area such permission shall not be affected by tho suspension if the development in respect of which the permission is granted has been commenced not less than s0x months before the suspension of development of the kind in the special planning area. Implementation and compliance 23. The Directorate shall (a) ensure and facilitate the implementation of the spatial plan; (b) ensure maximum compliance with the spatial plan and all the requirements with this Act. Reporting 24. (1) The Directorate shall prepare an annual physical planning report which shall be submitted to the County Executive Committee for consideration. 2020 (2) The report shall contain among others the following information (a) the level and extent of compliance with the Act; (b) measures taken by the directorate to facilitate implementation and compliance with the Act, (c) challenges faced in seeking comprehensive implementation and compliance with the Act; (d) any other information that the Executive Member may require. PART IV-CONTROL OF DEVELOPMENT Compliance with the plan 25. No development shall take place on any land unless it is in conformity with spatial plan. Powers and duties of the Directorate 26. Subject to the approval by the County Executive Committee, the Directorate shall have powers to (a) to prohibit or control the use and development of land and buildings in the interests of proper and orderly development of its area, (b) t0 control or prohibit the subdivision of land or existing plots into smaller areas; 2020 (c) to consider and approve all development applications and grant all development permissions; Samburu County Spatial Planning (d) to ensure the proper execution and implementation of approved physical development plans; (e) to propose for adoption Regulations to regulate zoning in respect of use and density of development; and Subdivision of land (t) to reserve and maintain all the land planned for open spaces, parks, urban forests and green belts in accordance with the approved physical development plan. No. 9 Cap. 282 Subdivision of land 27. No private land within the county shall be subdivided except in accordance with the requirements of a physical development plan approved in relation to that area. Disposal or land, extension of lease No. 2 of 2012 28. Subject to the provisions of Trust Land Act and Land Registration Act, and any other written law relating to the administrati on of land, no subdivision, consolidation, lease or renewal of lease of an un alienated public Land or Trust Land or of a private land shall be effected without due regard being had to the requirements of the physical development plan of the area. Application for subdivision 29. (1) A person intending to subdivide a parcel land shall apply to the Directorate for approval in the prescribed form and upon payment of the prescribed fees. (2) An application under subsection (1) shall be accompanied by a subdivision plan prepared in accordance with this Act. (3) Upon receipt of the application under subsection (1), the Directorate shall within thirty days consider and review the application. Subdivision with impact on contiguous land 30. (1) Where in the opinion of the Directorate an application in respect of development, change of ser or subdivision has important impact on contiguous land or does not conform to any conditions registered against the title deed of property, the Directorate shall, at the 15 2020 Samburu County Spatial Planning No. 9 (c) to consider and approve all development applications and grant all development permissions; (d) to ensure the proper execution and implementation of approved physical development plans; (e) to propose for adoption Regulations to regulate zoning in respect of use and density of development; and (f) to reserve and maintain all the land planned for open spaces, parks, urban forests and green belts in accordance with the approved physical development plan. Subdivision of land Subdivision of land 27. No private land within the county shall be subdivided except in accordance with the requirements of a physical development plan approved in relation to that area. Disposal or land, extension of lease Cap. 282 No. 2 of 2012 28: Subject to the provisions of Trust Land Act and Land Registration Act, and any other written law relating to the administration of Jand, no subdivision, consolidation, lease or renewal of lease of an un alienated public Land or Trust Land or of a private land shall be effected without due regard being had to the requirements of the physical development plan of the area. Application for subdivision 29. (1) A person intending to subdivide a parcel land shall apply to the Directorate for approval in the prescribed form and upon payment of the prescribed fees. (2) An application under subsection (1) shall be accompanied by a subdivision plan prepared in accordance with this Act. (3) Upon receipt of the application under subsection (1), the Directorate shall within thirty days consider and review the application. Subdivision with impact on contiguous land 30. (1) Where in the opinion of the Directorate an application in respect of development, change of user or subdivision has important impact on contiguous land or does not conform to any conditions Tegistered against the title deed of property, the Directorate shall, at the No. 9 2020 expense of the applicant, publish the notice of the application in % (izette or in such other manner as it deems expedient, and shall so copies of the application on every owmer or occupier of the property adiacent to the land to which the application relates and to such other persons as the Directorate may deem fit. Grant of permission 16 Samburu Counn Spatial Planning (2) If the Directorate receives any objection to, or representation in an application made under subsection (1) the connection with, Directorate shall noify the applicant of such objections or representations and shall before the application is determined afford the applicant an opportunity to make representations in response to such objections or representations. mav 31. (1) Where the Directorate is satisfied with the application, it shall grant the permission for subdivision in prescribed form subject to such conditions as the Directorate may stipulate. (2) Where the Directorate is not satisfied with the application, it (a) reject the application giving reasons and notify the applicant accordingly within thirty days of the decision to reject; or (b) make comments and recommendations thereon and return it to the applicant within fourteen days. (3) The applicant to whom the application is returned under subsecion (2) (b) may re-submit a revised application within thirty days of the date of notification. (4) On receipt of any revised application under subsection (3), Directorate shall, within thirty days determine the application in accordance with this Act and upon such determination. if satisfied, issue a permission for subdivision. Preparation of Subdivision plan 32. (1) The subdivision and land use plans in relation to any private land shall be prepared by a registered physical planner and such Plans shal! be subject to the approval of the Directorate upon payment ue prescribed fees (2) A subdivision plan shall not be prepared unless the subdiviSiOn scheme has been prepared and approved by the Directorate. Samburu County Spatial Planning Format of subdivision plan 2020 33. A subdivision plan shall be prepared in accordance to the following conditions (a) a minimum of twelve copies of all plans, together with a letter of consent to subdivide from the County Land Management Board and certificate of official/postal search or any other evidence from the respective Land Registrar, shall be submitted to the Directorate, (c) the plan shall show (b) the scale of any such plan shall be in the series of 500' s for example 1:500, 1: 1000, 1:1500 etc.; (ii) 17 (iv) () (ii) the areas of the plot, the location, (vi) correctly plotted to scale; the existing plot boundaries and their dimensions: (x) No. 9 the land reference number or registered number of the plot and of such contiguous plot; the contiguous boundaries of all adjacent plots and road system (existing and approved); lanes (pedestrian and sanitary), and their widths; (vii) the true north which shall be indicated by a pointer and the names of all existing streets shall be indicated with their widths; (vii) the proposed scheme of subdivision; (ix) the boundaries in red, the approximate dimensions of sub-plots; (xi) the proposed means of access, road or lane svstem (if anv) with the widths of such streets, roads or lanes cleariv indicated appropriately in blue on each plan, (xii) other colours to be used in the subdivision plan shail be blue for surrender and yellow for demolition, (d) all existing buildings of any nature whatsoever, shall be correctly plotted and the relationship to the proposed boundanes of the plots or sub-plots clearly indicated, (e) building lines shall be shown on the plan whenever necessary. () the proposed use of each sub-plot shall be stated, 2020 and to such other r Tepresentation in ubsection (1) the OF Tepresentations the applicant an ch objections or the application, it ed form subject to fy the applicant Teject; or and return it to tetumed under ithin thirty days ‘subsection (3), application in ‘satisfied, issue a to any private rm , subdivision No. 9 2020 expense of the applicant, publish the notice of the application in % (izette or in such other manner as it deems expedient, and shall so copies of the application on every owmer or occupier of the property adiacent to the land to which the application relates and to such other persons as the Directorate may deem fit. Grant of permission 16 Samburu Counn Spatial Planning (2) If the Directorate receives any objection to, or representation in an application made under subsection (1) the connection with, Directorate shall noify the applicant of such objections or representations and shall before the application is determined afford the applicant an opportunity to make representations in response to such objections or representations. mav 31. (1) Where the Directorate is satisfied with the application, it shall grant the permission for subdivision in prescribed form subject to such conditions as the Directorate may stipulate. (2) Where the Directorate is not satisfied with the application, it (a) reject the application giving reasons and notify the applicant accordingly within thirty days of the decision to reject; or (b) make comments and recommendations thereon and return it to the applicant within fourteen days. (3) The applicant to whom the application is returned under subsecion (2) (b) may re-submit a revised application within thirty days of the date of notification. (4) On receipt of any revised application under subsection (3), Directorate shall, within thirty days determine the application in accordance with this Act and upon such determination. if satisfied, issue a permission for subdivision. Preparation of Subdivision plan 32. (1) The subdivision and land use plans in relation to any private land shall be prepared by a registered physical planner and such Plans shal! be subject to the approval of the Directorate upon payment ue prescribed fees (2) A subdivision plan shall not be prepared unless the subdiviSiOn scheme has been prepared and approved by the Directorate. Samburu County Spatial Planning Format of subdivision plan 2020 33. A subdivision plan shall be prepared in accordance to the following conditions (a) a minimum of twelve copies of all plans, together with a letter of consent to subdivide from the County Land Management Board and certificate of official/postal search or any other evidence from the respective Land Registrar, shall be submitted to the Directorate, (c) the plan shall show (b) the scale of any such plan shall be in the series of 500' s for example 1:500, 1: 1000, 1:1500 etc.; (ii) 17 (iv) () (ii) the areas of the plot, the location, (vi) correctly plotted to scale; the existing plot boundaries and their dimensions: (x) No. 9 the land reference number or registered number of the plot and of such contiguous plot; the contiguous boundaries of all adjacent plots and road system (existing and approved); lanes (pedestrian and sanitary), and their widths; (vii) the true north which shall be indicated by a pointer and the names of all existing streets shall be indicated with their widths; (vii) the proposed scheme of subdivision; (ix) the boundaries in red, the approximate dimensions of sub-plots; (xi) the proposed means of access, road or lane svstem (if anv) with the widths of such streets, roads or lanes cleariv indicated appropriately in blue on each plan, (xii) other colours to be used in the subdivision plan shail be blue for surrender and yellow for demolition, (d) all existing buildings of any nature whatsoever, shall be correctly plotted and the relationship to the proposed boundanes of the plots or sub-plots clearly indicated, (e) building lines shall be shown on the plan whenever necessary. () the proposed use of each sub-plot shall be stated, 17 Samburu County Spatial Planning No.9 2020 Format of subdivision plan 33. A subdivision plan shall be prepared in accordance to the following conditions— (a) a minimum of twelve copies of all plans, together with a letter of consent to subdivide from the County Land Management Board and certificate of official/postal search or any other evidence from the respective Land Registrar, shall be submitted to the Directorate; (b) the scale of any such plan shall be in the series of 590’s for ia) example 1:500, 1:1000, 1:1500 etc.; (c) the plan shall show— (i) correctly plotted to scale; (ii) the existing plot boundaries and their dimensions, (iii) the areas of the plot, the location; (iv) the land reference number or registered number of the plot and of such contiguous plot; (v) the contiguous boundaries of all adjacent plots and road system (existing and approved); (vi) lanes (pedestrian and sanitary), and their widths; (vii) the true north which shall be indicated by a pointer and the names of all existing streets shall be indicated with their widths; > (viii) the proposed scheme of subdivision; (ix) the boundaries in red; (x) the approximate dimensions of sub-plots; (xi) the proposed means of access, road or lane system (if any) with the widths of such streets, roads or lanes cleariv indicated appropriately in blue on each plan, (xii) other colours to be used in the subdivision pian shail be blue for surrender and yellow for demolition, (d) all existing buildings of any nature whatsoever, shall be correctly plotted and the relationship to the proposed boundaries of the plots or sub-plots clearly indicated; (e) building lines shall be shown on the plan whenever necessary. (f) the proposed use of each sub-plot shall be stated, No. 9 18 Samburu County Spatial Planning (g) every sub-plot shall be separately numbered or lettered: 2020 (h) every plan shall have clearly shown on it the line of every or any right-of way road or access or wayleaves over the plot r sub- plot; Subdivision Schemes ) all plans shall be signed by the owner or his duly authorized agent and the physical planning officer preparing the plans shall sign and date the plans. 34. (1) In any scheme of subdivision of land the followino conditions shall be complied with (a) streets shall be laid out in a manner to facilitate natural stom water flow; (b) adequate drainage facilities by streets, drainage reserves wayleaves or otherwise as may be expedient and suitable shall be provided and such reserves and wayleaves shall not in any case be less than three metres in width; (c) wayleaves or reserves along any river, stream or water course shall be provided of not less than ten metres in width on each bank, except in areas where there is an established flooding; (d) where required by the Directorate, land suitable and adequate shall be reserved at no cost to the County for open spaces, amenities, recreational facilities, road reserves, public purpose relative to the area to be subdivided and for road widening; (e) streets connected at each end to other streets or which may be so connected shall be at a width required by the Directorate; () provision, adequate in the opinion of the Directorate shall be made for the truncation of street corners and the widening of existing streets or lanes: (g) plots shall be of appropriate shape and size and shall have proper and sufficient access to a street, such street not being a sanitary lane or passage, (h) the proposal shall conform with the provisions of any structure plan, local physical development plan, advisory plan, zoning, or development plan approved under this Act; ) where any proposed street or road is included in the scheme OT subdivision, the layout and construction of such street or road shall conform to the prescribed requirements. 2020 Subdivision to be carried out by surveyor Samburu County Spatial Planning Registration of subdivision No. 3 of 2012 19 35. Each subdivision or subdivision scheme shall be carried out by a registered surveyor in accordance with the law governing land survey in the county. Registration of documents No. 9 36. Each subdivision or subdivision scheme shall be registered in accordance with the Land Registration Act, 2012 and certificate of title issued in respect to each parcel of land subdivided. 37. (1) The Registrar shall not register any document relating to the subdivision of land Act unless the subdivision has been approved under this Act. Density (2) Any registration of a document in contravention to subsection (1) shall be null and void. (3) Notwithstanding subsection (2), a Registrar who registers a subdivision in contravention of subsection (1) commits an offence and shall be liable to a fine of two hundred thousand shillings or imprisonment for a term not exceeding one year. 38. (1) The size of plot within the area shown on any structure plan, development plan, advisory plan, zoning plan or subdivision plan shall not be subdivided into smaller sub-plots than the minimum specified for the area within which the plot is situated without the consent of the Directorate. (2) The Executive Member with the advise of the Directorate may increase minimum size of the plot or sub-plot prescribed for any area to a satisfactory extent (a) if such minimum size is inconsistent with the amenity of the environs of any plot or portion of the area, or (b) if such increase is necessary for the proper development of the plot or sub-plot; or (c) if the nature of the ground necessitates large plots or sub-plots to obtain good hygienic conditions. (3) Where a scheme relates to subdivision of land within the agricultural land, the Executive Member on recommendation of the Directorate shall prescribe No.9 (g) (h) (i) 18 Samburu County Spatial Planning 2020 every sub-plot shall be separately numbered or lettered; hall have clearly shown on it the line of every or ale ee road or access or wayleaves over the plot or sub- plot; his dul thori ans shall be signed by the owner or his duly authorized see the physical planning officer preparing the plans shall sign and date the plans. Subdivision Schemes 34. (1) In any scheme of subdivision of land the following conditions shall be complied with— (a) )) (© (d) () () @ S& S (h) (i) streets shall be laid out in a manner to facilitate natural storm water flow; adequate drainage facilities by streets, drainage reserves wayleaves or otherwise as may be expedient and suitable shall be provided and such reserves and wayleaves shall not in any case be less than three metres in width; wayleaves or reserves along any river, stream or water course Shall be provided of not less than ten metres in width on each bank, except in areas where there is an established flooding; where required by the Directorate, land suitable and adequate Shall be reserved at no cost to the County for open spaces, amenities, recreational facilities, road Teserves, public purpose Telative to the area to be subdivided and for road widening; streets connected at each end to other streets or which may be so Connected shall be at a width required by the Directorate; Provision, adequate in the opinion of the Directorate shall be made for the truncation of street comers and the widening of existing streets or lanes; plots shall be of appropriate shape and size and shall have Proper and sufficient access to a Street, such street not being a Sanitary lane or passage: ie ee shall conform with the Provisions of any structure oe Physical development plan, advisory plan, zoning, or ¢lopment plan approved under this Act; where any pro is i i ekg rave eis Or road is included in the scheme of and construction of such street or road shall conform to the prescribed Tequirements. No. 9 18 Samburu County Spatial Planning (g) every sub-plot shall be separately numbered or lettered: 2020 (h) every plan shall have clearly shown on it the line of every or any right-of way road or access or wayleaves over the plot r sub- plot; Subdivision Schemes ) all plans shall be signed by the owner or his duly authorized agent and the physical planning officer preparing the plans shall sign and date the plans. 34. (1) In any scheme of subdivision of land the followino conditions shall be complied with (a) streets shall be laid out in a manner to facilitate natural stom water flow; (b) adequate drainage facilities by streets, drainage reserves wayleaves or otherwise as may be expedient and suitable shall be provided and such reserves and wayleaves shall not in any case be less than three metres in width; (c) wayleaves or reserves along any river, stream or water course shall be provided of not less than ten metres in width on each bank, except in areas where there is an established flooding; (d) where required by the Directorate, land suitable and adequate shall be reserved at no cost to the County for open spaces, amenities, recreational facilities, road reserves, public purpose relative to the area to be subdivided and for road widening; (e) streets connected at each end to other streets or which may be so connected shall be at a width required by the Directorate; () provision, adequate in the opinion of the Directorate shall be made for the truncation of street corners and the widening of existing streets or lanes: (g) plots shall be of appropriate shape and size and shall have proper and sufficient access to a street, such street not being a sanitary lane or passage, (h) the proposal shall conform with the provisions of any structure plan, local physical development plan, advisory plan, zoning, or development plan approved under this Act; ) where any proposed street or road is included in the scheme OT subdivision, the layout and construction of such street or road shall conform to the prescribed requirements. 2020 Subdivision to be carried out by surveyor Samburu County Spatial Planning Registration of subdivision No. 3 of 2012 19 35. Each subdivision or subdivision scheme shall be carried out by a registered surveyor in accordance with the law governing land survey in the county. Registration of documents No. 9 36. Each subdivision or subdivision scheme shall be registered in accordance with the Land Registration Act, 2012 and certificate of title issued in respect to each parcel of land subdivided. 37. (1) The Registrar shall not register any document relating to the subdivision of land Act unless the subdivision has been approved under this Act. Density (2) Any registration of a document in contravention to subsection (1) shall be null and void. (3) Notwithstanding subsection (2), a Registrar who registers a subdivision in contravention of subsection (1) commits an offence and shall be liable to a fine of two hundred thousand shillings or imprisonment for a term not exceeding one year. 38. (1) The size of plot within the area shown on any structure plan, development plan, advisory plan, zoning plan or subdivision plan shall not be subdivided into smaller sub-plots than the minimum specified for the area within which the plot is situated without the consent of the Directorate. (2) The Executive Member with the advise of the Directorate may increase minimum size of the plot or sub-plot prescribed for any area to a satisfactory extent (a) if such minimum size is inconsistent with the amenity of the environs of any plot or portion of the area, or (b) if such increase is necessary for the proper development of the plot or sub-plot; or (c) if the nature of the ground necessitates large plots or sub-plots to obtain good hygienic conditions. (3) Where a scheme relates to subdivision of land within the agricultural land, the Executive Member on recommendation of the Directorate shall prescribe 19 2020 Samburu County Spatial Planning No.9 Subdivision to be carried out by surveyor 35, Each subdivision or subdivision scheme shall be carried out by a registered surveyor in accordance with the law governing land survey in the county. Registration of subdivision No. 3 of 2012 36. Each subdivision or subdivision scheme shall be registered in accordance with the Land Registration Act, 2012 and certificate of title issued in respect to each parcel of land subdivided. Registration of documents 37. (1) The Registrar shall not register any document relating to the subdivision of land Act unless the subdivision has been approved under this Act. (2) Any registration of a document in contravention to subsection (1) shall be null and void. (3) Notwithstanding subsection (2), a Registrar who registers a subdivision in contravention of subsection (1) commits an offence and shall be liable to a fine of two hundred thousand shillings or imprisonment fora term not exceeding one year. Density 38. (1) The size of plot within the area shown on any structure plan, development plan, advisory plan, zoning plan or subdivision plan shall not be subdivided into smaller sub-plots than the minimum specified for the area within which the plot is situated without the consent of the Directorate. i (2) The Executive Member with the advise of the Directorate may increase minimum size of the plot or sub-plot prescribed for any area to a Satisfactory extent— (a) if such minimum size is inconsistent with the amenity of the environs of any plot or portion of the area; or (b) if such increase is necessary for the proper development of the plot or sub-plot; or (c) if the nature of the ground necessitates large plots or sub-plots to obtain good hygienic conditions. ; (3) Where a scheme relates to subdivision of land within the agricultural land, the Executive Member on recommendation of the Directorate shall prescribe — No. 9 (a) the minimum size of plots; Samburu County Spatial Planning (b) the use of such land or building; and Plot coverage 20 (c) the maximum number and coverage of buildings per acre to be erected. Reduction in plot area 39. The Directorate shall determine the plot coverage and plot ratios depending on the zoning of the urban area and the level of urban services available. 2020 Development permission 40. No plot on which a building is erected shall be reduced in area so that in relation to the reduced site the area covered by the building exceeds the percentage permitted for that class of building, except where the reduction in area is caused by acquisition of land by proper authority. Development Control 41. (1) A person shall not carry out any development without a development permission granted under this Act. (2) A person who contravenes this section shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year. (3) Notwithstanding subsecion (2)� (a) a development that does not comply with this section shall be discontinued, (b) the Director may issue a notice to the devel oper to restore the land on which such development had taken place to its original condition within a period of ninety days; (c) if on the expiry of the ninety days' notice given to the developer such restoration has not been effected, the Directorate shall restore the site to its origjnal condition and recover the cost incurred from the developer. (4) Any dealing in connection with a development in respect of which an offence is committed under this section shall be null and void. (5) A Licensing Authority shall not grant a licence for commercial or industrial use or occupation of any building, or in respect of any premises or land, for which no development permission has been granted under this Act. 2020 Samburu County Spatial Planning (6) For the purposes of subsection (5) 21 (a) licensing Authority means any government agency responsible for issuing licenses or permits under any written law, (b) commercial use includes shops, offices, hotels, restaurants, bars, kiosks, markets and similar business enterprises and trade but does not include petroleum filling stations; and (c) industrial use includes manufacturing, processing, distilling and brewing, warehousing and storage, workshops and garages, mining and quarying and other similar industrial activities including petroleum filling stations. No. 3 of 2012 (7) Any person who contravenes subsection (5), shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand shillings or to an imprisonment not exceeding twelve moths or to both. Application for Development permission (2) The application shall No. 9 42. (1) A person intending to undertake any development regulated under this Act shall apply to the Directorate in the prescribed form and upon payment of the prescribed fees. (a) provide sufficient details describing the land where development is proposed to take place; (b) be accompanied by such plans and particulars as are necessary to indicate the purposes of the development; (c) show the proposed use and density, and (d) where applicable the land which the applicant intends to surrender for (ii) public purposes development. (i) purposes of' principal and secondary means of access to anv subdivisions within the area included in the application and to adjoining land; and consequent upon the proposed (3) An application for development pemission shall not be considered unless it is acconmpanied with the certiicate of title issued in respect to the parcel of land where development is intended to take place under the Land Registration Act, 2012. 20 Samburu County Spatial Planning 2020 No.9 (a) the minimum size of plots; (b) the use of such land or building; and (c) the maximum number and coverage of buildings per acre to be erected Plot coverage 39. The Directorate shall determine the plot coverage and plot ratios depending on the zoning of the urban area and the level of urban services available. Reduction in plot area 40. No plot on which a building is erected shall be reduced in area so that in relation to the reduced site the area covered by the building exceeds the percentage permitted for that class of building, except where the reduction in area is caused by acquisition of land by proper authority. Development Control Development permission 41. (1) A person shall not carry out any development without a development permission granted under this Act. (2) A person who contravenes this section shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year. (3) Notwithstanding subsection (2)— (a) a development that does not comply with this section shall be discontinued; (b) the Director May issue a notice to the developer to restore the Jand on which such development had taken place to its original condition within a period of ninety days; (c) if on the expiry of the ninety days’ notice given to the developer such Testoration has not been effected, the Directorate shall restore the site to its orginal condition and recover the cost incurred from the developer. (4) Any dealing in connection with a dev i . ; ; 2 elopment in respect of which an offence is committed under this section shall be null and void. 0 No. 9 (a) the minimum size of plots; Samburu County Spatial Planning (b) the use of such land or building; and Plot coverage 20 (c) the maximum number and coverage of buildings per acre to be erected. Reduction in plot area 39. The Directorate shall determine the plot coverage and plot ratios depending on the zoning of the urban area and the level of urban services available. 2020 Development permission 40. No plot on which a building is erected shall be reduced in area so that in relation to the reduced site the area covered by the building exceeds the percentage permitted for that class of building, except where the reduction in area is caused by acquisition of land by proper authority. Development Control 41. (1) A person shall not carry out any development without a development permission granted under this Act. (2) A person who contravenes this section shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year. (3) Notwithstanding subsecion (2)� (a) a development that does not comply with this section shall be discontinued, (b) the Director may issue a notice to the devel oper to restore the land on which such development had taken place to its original condition within a period of ninety days; (c) if on the expiry of the ninety days' notice given to the developer such restoration has not been effected, the Directorate shall restore the site to its origjnal condition and recover the cost incurred from the developer. (4) Any dealing in connection with a development in respect of which an offence is committed under this section shall be null and void. (5) A Licensing Authority shall not grant a licence for commercial or industrial use or occupation of any building, or in respect of any premises or land, for which no development permission has been granted under this Act. 2020 Samburu County Spatial Planning (6) For the purposes of subsection (5) 21 (a) licensing Authority means any government agency responsible for issuing licenses or permits under any written law, (b) commercial use includes shops, offices, hotels, restaurants, bars, kiosks, markets and similar business enterprises and trade but does not include petroleum filling stations; and (c) industrial use includes manufacturing, processing, distilling and brewing, warehousing and storage, workshops and garages, mining and quarying and other similar industrial activities including petroleum filling stations. No. 3 of 2012 (7) Any person who contravenes subsection (5), shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand shillings or to an imprisonment not exceeding twelve moths or to both. Application for Development permission (2) The application shall No. 9 42. (1) A person intending to undertake any development regulated under this Act shall apply to the Directorate in the prescribed form and upon payment of the prescribed fees. (a) provide sufficient details describing the land where development is proposed to take place; (b) be accompanied by such plans and particulars as are necessary to indicate the purposes of the development; (c) show the proposed use and density, and (d) where applicable the land which the applicant intends to surrender for (ii) public purposes development. (i) purposes of' principal and secondary means of access to anv subdivisions within the area included in the application and to adjoining land; and consequent upon the proposed (3) An application for development pemission shall not be considered unless it is acconmpanied with the certiicate of title issued in respect to the parcel of land where development is intended to take place under the Land Registration Act, 2012. 2i 2020 Samburu County Spatial Planning No.9 (6) For the purposes of subsection (5) — (a) licensing Authority means any government agency responsible for issuing licenses or permits under any written law; (b) commercial use includes shops, offices, hotels, restaurants, bars, kiosks, markets and similar business enterprises and trade but does not include petroleum filling stations; and (c) industrial use includes manufacturing, processing, distilling and brewing, warehousing and storage, workshops and garages, mining and quarrying and other similar industrial activities including petroleum filling stations. (7) Any person who contravenes subsection (5), shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand shillings or to an imprisonment not exceeding twelve months or to both. Application for Development permission No. 3 of 2012 42. (1) A person intending to undertake any development regulated under this Act shal] apply to the Directorate in the prescribed form and upon payment of the prescribed fees. (2) The application shall — (a) provide sufficient details describing the land where development is proposed to take place; (b) be accompanied by such plans and particulars as are necessary to indicate the purposes of the development; (c) show the proposed use and density; and (d) where applicable the land which the applicant intends to surrender for— (i) purposes of principal and secondary means of access to any subdivisions within the area included in the application and to adjoining land; and (ii) public purposes consequent upon the proposed development. (3) An application for development permission shall not be considered unless it is accompanied with the certificate of title issued in respect to the parcel of land where development is intended to take place under the Land Registration Act, 2012. No. 9 Samburu Counry Spatial Planning 22 (4) For avoidance of doubt, no application or grant for development permission shall be considered or issued where the applicant provides a share certificate as prove of ownership of the parcel of land where development is intended to take place. Environmental Impact Assessment Consideration of application 43. Where an application is in connection to a project in which an environmental impact assessment is required to be conducted under the Environment Management and Coordination Act such an application shall be accompanied by the environment impact assessment report approved by the Naional Environment Management Authority. 44. (1)) Upon receipt of the application under section 41, the Directorate shall within thirty days consider and review the application. (2) The Directorate shall, where appropriate, when considering and reviewing the application (a) Consult with the following officers or Authorities ) the County Director of Survey; (ii) the National Land Commission; (ii) the County Chief Engineer responsible for roads; (iv) the County Public Health Officer; (v) the County Director of Agriculture; (vi) the County Director of Water Services; (vii) the County Director of Livestock Development; 2020 (vii) the County Director of Urban Development; (ix) the County architect; (x) the Director of Forests; and (xi) such other relevant authorities as the Directorate deems appropriate; (b) ensure that the proposed development is within the physical development plan and complies with the stipulated requirements therein; and (c) in the case of a leasehold, have regard to any special conditions stipulated in the lease. 2020 23 Grant of permission Samburu County Spatial Planning (3) If the proposed development requires subdivision or change of user of agricultural land, the Directorate shall require the applicatíon to be referred to the County Land Management Board. (4) The County Land Management Board shall within thirty days make a report within thirty days to the Directorate indicating whether the application should be accepted or rejected. may No. 9 45. (1) Where the Directorate is satisfied with the application, it shall grant the development permission in prescribed form subject to such conditions as the Directorate may stipulate. (2) Where the Directorate is not satisfied with the application, it (a) reject the application giving reasons and notify the applicant accordingly within thirty days of the decision to reject; or (b) make comments and recommendations thereon and retum it to the applicant within fourteen days. (3) The applicant to whom the application is returmed under subsection (2) (6) may re-submit a revised application within thirty days of the date of notification. (4) On receipt of any revised application under subsection (3)., Directorate shall, within thity days determine the application in accordance with this Act and upon such determination, if satisfied, issue a development permission. Referral to Coordinating Committee 46. (1) The Directorate shall refer any application for development permission, which in its opinion involves matters of major public policy, to the Coordinating Committee within fourteen days of receiving such an application, for consideration and approval. (2) Where an application for development permission has been referred to the Coordinating Committee under subsection (1), the provisions of this part relating to the consideration of applications development permission shall apply. (3) The Coordinating Committee shall accord an opportunity to the applicant whose application has been referred to it to appear in person or through his representative during the hearing and consideration of the application. 22 Samburu County Spatial Planning (4) For avoidance of doubt, no application or grant for development permission shall be considered or issued where the applicant provides a share certificate as prove of ownership of the parcel of land where development is intended to take place. Envir tal Impact A 43. Where an application is in connection to a project in which an environmental impact assessment is required to be conducted under the Environment Management and Coordination Act such an application shall be accompanied by the environment impact assessment report approved by the National Environment Management Authority. Consideration of application 44.(1) Upon receipt of the application under section 41, the Directorate shall within thirty days consider and review the application. (2) The Directorate shall, where appropriate, when considering and reviewing the application— (a) Consult with the following officers or Authorities— @) the County Director of Survey; (i) the National Land Commission; (iii) the County Chief Engineer responsible for roads; (iv) the County Public Health Officer; (v) the County Director of Agriculture; (vi) the County Director of Water Services; (vit) the County Director of Livestock Devel opment; (vili) the County Director of Urban Development; (ix) the County architect; (x) the Director of Forests; and (xi) such other relevant authorities as the Directorate deems appropriate; (b) ensure that the proposed development is within the physical development plan and complies with the stipulated requirements therein; and (c) in the case of a leasehold, have regard to any special conditions stipulated in the lease. No.9 2020 t be |) | No. 9 Samburu Counry Spatial Planning 22 (4) For avoidance of doubt, no application or grant for development permission shall be considered or issued where the applicant provides a share certificate as prove of ownership of the parcel of land where development is intended to take place. Environmental Impact Assessment Consideration of application 43. Where an application is in connection to a project in which an environmental impact assessment is required to be conducted under the Environment Management and Coordination Act such an application shall be accompanied by the environment impact assessment report approved by the Naional Environment Management Authority. 44. (1)) Upon receipt of the application under section 41, the Directorate shall within thirty days consider and review the application. (2) The Directorate shall, where appropriate, when considering and reviewing the application (a) Consult with the following officers or Authorities ) the County Director of Survey; (ii) the National Land Commission; (ii) the County Chief Engineer responsible for roads; (iv) the County Public Health Officer; (v) the County Director of Agriculture; (vi) the County Director of Water Services; (vii) the County Director of Livestock Development; 2020 (vii) the County Director of Urban Development; (ix) the County architect; (x) the Director of Forests; and (xi) such other relevant authorities as the Directorate deems appropriate; (b) ensure that the proposed development is within the physical development plan and complies with the stipulated requirements therein; and (c) in the case of a leasehold, have regard to any special conditions stipulated in the lease. 2020 23 Grant of permission Samburu County Spatial Planning (3) If the proposed development requires subdivision or change of user of agricultural land, the Directorate shall require the applicatíon to be referred to the County Land Management Board. (4) The County Land Management Board shall within thirty days make a report within thirty days to the Directorate indicating whether the application should be accepted or rejected. may No. 9 45. (1) Where the Directorate is satisfied with the application, it shall grant the development permission in prescribed form subject to such conditions as the Directorate may stipulate. (2) Where the Directorate is not satisfied with the application, it (a) reject the application giving reasons and notify the applicant accordingly within thirty days of the decision to reject; or (b) make comments and recommendations thereon and retum it to the applicant within fourteen days. (3) The applicant to whom the application is returmed under subsection (2) (6) may re-submit a revised application within thirty days of the date of notification. (4) On receipt of any revised application under subsection (3)., Directorate shall, within thity days determine the application in accordance with this Act and upon such determination, if satisfied, issue a development permission. Referral to Coordinating Committee 46. (1) The Directorate shall refer any application for development permission, which in its opinion involves matters of major public policy, to the Coordinating Committee within fourteen days of receiving such an application, for consideration and approval. (2) Where an application for development permission has been referred to the Coordinating Committee under subsection (1), the provisions of this part relating to the consideration of applications development permission shall apply. (3) The Coordinating Committee shall accord an opportunity to the applicant whose application has been referred to it to appear in person or through his representative during the hearing and consideration of the application. Fie ATER ERR STE I VIE FET AOE TS PAPE YT | LSE TET PSE EER FIRST 23 2020 Samburu County Spatial Planning No. 9 (3) If the proposed development requires subdivision or change of user of agricultural land, the Directorate shall require the application to be referred to the County Land Management Board. (4) The County Land Management Board shall within thirty days make a report within thirty days to the Directorate indicating whether the application should be accepted or rejected. Grant of permission 45. (1) Where the Directorate is satisfied with the application, it shall grant the development permission in prescribed form subject to such a conditions as the Directorate may stipulate. (2) Where the Directorate is not satisfied with the application, it may— (a) reject the application giving reasons and notify the applicant accordingly within thirty days of the decision to reject; or (b) make comments and recommendations thereon and return it to the \ applicant within fourteen days. \ (3) The applicant to whom the application is retumed under | subsection (2) (b) may re-submit a revised application within thirty days of the date of notification. (4) On receipt of any revised application under subsection (3), Directorate shall, within thirty days determine the application in accordance with this Act and upon such determination, if satisfied, issue a development permission. Referral to Coordinating Committee , ® 46. (1) The Directorate shall refer any application for development permission, which in its opinion involves matters of major public policy, to the Coordinating Committee within fourteen days of receiving such an application, for consideration and approval. (2) Where an application for development permission has been referred to the Coordinating Committee under subsection (1), the provisions of this part relating to the consideration of applications development permission shall apply. (3) The Coordinating Committee shall accord an opportunity to the applicant whose application has been referred to it to appear in person or through his representative during the hearing and consideration of the application. No. 9 24 Samburu County Spatial Planing (4) The Coordinating Committee shall consider and make a determination on the application within thirty days. (5) The Directorate shall serve a notice of the Coordinating Commitee's decision to the applicant within seven days of such decision. Registration of documents No. 3 of 2012 2020 (6) A person aggieved by the decision of the Coordinating Committee may, after he has been notified of the committee's decision. appeal against such to the Environment and Land Court. 47. (1) The Registrar shall not register any document relating to the development of land regulated under this Act unless the development permission has been granted. (2) Any registration of a document in contravention to subsection (1) shall be null and void. (3) For the purposes of this section, �Registrar" has the same meaning assigned under the Land Registration Act, 2012. Carrying out works without development permission 48. (1) Where after the commencement of this Act a person carries out any development of land without development permission or in contravention to any conditions of the permission, the Directorate may issue an enforcement notice to the owner, occupier or developer of the land. (2) The enforcement notice shall specify (a) the development alleged to be caTried out in contravention with this Act, (b) measures to be taken in order to comply with this Act which may include restoration of land to its original condition, demolition or alteration of any building or works, discontinuous of use of the land or any part of the land or construction of any building: (c) time within which the measures must be adopted in compliance with this Act. (3) Where a person having been served with the enforcement notice, does not comply with the notice within the stipulated time, the Directorate shall upon expiration of the notice period stop the continuation of the development and may demolish or remove any works erected on the land at the owner, occupier or developer's cost. 2020 Erection of buildings Samburu County Spatial Planning Building Control 25 49. For the purposes of this Part any of the following operations shall be deemed to be the erection of a building or the carryíng out of development (a) the erection of any new building; (b) the erection of any addition to an existing buílding: (c) the re-erection or alteration of any part of an existing building, No. 9 (d) the re-erection of any building or part of a building where an outer wall of that building or that part of a building has been destroyed, pulled down, burned down or damaged either wholly or partially; (e) the roofing-over of any space between walls or buildings; () the changing of the use, or purpose for which a building, part of a building or appurtenances thereto are used, or increasing or reducing the number of dwellings or separate tenancies to execute any alterations or works in connection with the proposed change, Building Code (g) the carrying out of any drainage works and water service works; and (h) the changing of use of the land including quarrying, dumping and drying operations. 50. (1) The Directorate shall prepare a building code that shall be adopted by the county executive committee and approved by the county assembly. Approval of building plan (2) Any person intending to erect a new building or premises or re erect an existing building shall comply with the requirements of the building code. 51. All building plans shall be prepared in accordance with the building code and any other requirement prescribed by any witten law. (2) A person intending to erect a new building or re erect an existing building shall apply to the Directorate for approval of the building plan in the prescribed form and upon paying the prescribed fees indicating (a) the purpose or purposes for which the building or erection will be used; 24 Samburu County Spatial Planning 4) The Coordinating Committee shall consider and make a determination on the application within thirty days. te shall serve a notice of the Coordinating he applicant within seven days of such decision. 2020 No. 9 (5) The Directora Committee’s decision to t (6) A. person aggrieved by the decision of the Coordinating Committee may, after he has been notified of the committee’s decision, appeal against such to the Environment and Land Court. Registration of documents No. 3 of 2012 47. (1) The Registrar shall not register any document relating to the development of land regulated under this Act unless the development permission has been granted. (2) Any registration of a document in contravention to subsection () shall be null and void. (3) For the purposes of this section, “Registrar” has the same meaning assigned under the Land Registration Act, 2012. Carrying out works without develop it permissi 48. (1) Where after the commencement of this Act a person carries out any development of land without development permission or in contravention to any conditions of the permission, the Directorate may issue an enforcement notice to the owner, occupier or developer of the land. (2) The enforcement notice shall specify— (a) the development alleged to be carried out in contravention with this Act; (b) measures to be taken in order to comply with this Act which may include restoration of land to its original condition, demolition or alteration of any building or works, discontinuous of use of the land or any part of the land or construction of any building; (c) time within which the measures must be adopted in compliance with this Act. (3) Where a person having been served with the enforcement notice, does not comply with the notice within the stipulated time, the Directorate shall upon expiration of the notice period stop the continuation of the development and may demolish or remove any works erected on the land at the owner, occupier or developer’s cost. No. 9 24 Samburu County Spatial Planing (4) The Coordinating Committee shall consider and make a determination on the application within thirty days. (5) The Directorate shall serve a notice of the Coordinating Commitee's decision to the applicant within seven days of such decision. Registration of documents No. 3 of 2012 2020 (6) A person aggieved by the decision of the Coordinating Committee may, after he has been notified of the committee's decision. appeal against such to the Environment and Land Court. 47. (1) The Registrar shall not register any document relating to the development of land regulated under this Act unless the development permission has been granted. (2) Any registration of a document in contravention to subsection (1) shall be null and void. (3) For the purposes of this section, �Registrar" has the same meaning assigned under the Land Registration Act, 2012. Carrying out works without development permission 48. (1) Where after the commencement of this Act a person carries out any development of land without development permission or in contravention to any conditions of the permission, the Directorate may issue an enforcement notice to the owner, occupier or developer of the land. (2) The enforcement notice shall specify (a) the development alleged to be caTried out in contravention with this Act, (b) measures to be taken in order to comply with this Act which may include restoration of land to its original condition, demolition or alteration of any building or works, discontinuous of use of the land or any part of the land or construction of any building: (c) time within which the measures must be adopted in compliance with this Act. (3) Where a person having been served with the enforcement notice, does not comply with the notice within the stipulated time, the Directorate shall upon expiration of the notice period stop the continuation of the development and may demolish or remove any works erected on the land at the owner, occupier or developer's cost. 2020 Erection of buildings Samburu County Spatial Planning Building Control 25 49. For the purposes of this Part any of the following operations shall be deemed to be the erection of a building or the carryíng out of development (a) the erection of any new building; (b) the erection of any addition to an existing buílding: (c) the re-erection or alteration of any part of an existing building, No. 9 (d) the re-erection of any building or part of a building where an outer wall of that building or that part of a building has been destroyed, pulled down, burned down or damaged either wholly or partially; (e) the roofing-over of any space between walls or buildings; () the changing of the use, or purpose for which a building, part of a building or appurtenances thereto are used, or increasing or reducing the number of dwellings or separate tenancies to execute any alterations or works in connection with the proposed change, Building Code (g) the carrying out of any drainage works and water service works; and (h) the changing of use of the land including quarrying, dumping and drying operations. 50. (1) The Directorate shall prepare a building code that shall be adopted by the county executive committee and approved by the county assembly. Approval of building plan (2) Any person intending to erect a new building or premises or re erect an existing building shall comply with the requirements of the building code. 51. All building plans shall be prepared in accordance with the building code and any other requirement prescribed by any witten law. (2) A person intending to erect a new building or re erect an existing building shall apply to the Directorate for approval of the building plan in the prescribed form and upon paying the prescribed fees indicating (a) the purpose or purposes for which the building or erection will be used; 25 2020 Samburu County Spatial Planning No. 9 Building Control Erection of buildings 49. For the purposes of this Part any of the following operations shall be deemed to be the erection of a building or the carrying out of development— (a) the erection of any new building; (b) the erection of any addition to an existing building: (c) the re-erection or alteration of any part of an existing building; (d) the re-erection of any building or part of a building where an outer wall of that building or that part of a building has been destroyed, pulled down, burned down or damaged either wholly or partially; (e) the roofing-over of any space between walls or buildings; (f) the changing of the use, or purpose for which a building, part of a building or appurtenances thereto are used, or increasing or reducing the number of dwellings or separate tenancies to execute any alterations or works in connection with the proposed change: (g) the carrying out of any drainage works and water service works: and (h) the changing of use of the land including quarrying, dumping and drying operations. Building Code 50. (1) The Directorate shall prepare a building code that shall be adopted by the county executive committee and approved by the county assembly. (2) Any person intending to erect a new building or premises or re erect an existing building shall comply with the requirements of the building code. Approval of building plan 51. All building plans shall be prepared in accordance with the building code and any other requirement prescribed by any written law. (2) A person intending to erect a new building or re erect an existing building shall apply to the Directorate for approval of the building plan in the prescribed form and upon paying the prescribed fees indicating— (a) the purpose or purposes for which the building or erection will be used; No. 9 26 Samburu County Spatial Planning () the number of dwellings or separate tenancies or occupancies to be provided in the building. (d) the water supply; 2020 (c) the mode of drainage and means of disposal of waste water, soil, water, roof water or other liquid; (e) the number of persons to be accommodated in each part thereof; () the means and capacity thereof for ventilation and the provisions made for the safety of the public;, and (g) plans of all floors, ground and street levels and elevations sections and drainage shall be to a scale of not less thanl cm. 1 m. (1";Sf.) block plans indicating the site of the building and adjoining buildings to a scale of not less than 1":40 and details where required by the Directorate to a scale of 0.5cm.: 4 ft. (0.5": 1f). (3) The Directorate shall within thirty days of an application under this section, review the building plan and if satisfied that the plan complies with the requirements of this Act approve the plan. Refusal of approval (4) Where the Directorate is not satisfied with the building plan on conditions stipulated under section 27 it shall reject it and give reasons to the applicant. (5) An applicant whose application has been rejected under subsection (4), may re submit the application upon complying with the matters raised by the Directorate. 52. The Directorate may refuse to recommend any new building or proposed development, or alteration or addition to any existing building if (a) the proposal is not in conformity with approved development plans, (b) such plan discloses a contravention of this Act or the provisions of any written law, (c) the plans are not correctly drawn or omit to show information required under this Act, (d) on such being required, a separate application accompanied by sels of plans has not been lodged in respect of buildings on separate plots or sub-plots, 27 2020 (e) the land or the proposed building or structure is to be used for any purpose or purposes which might be calculated to depreciate the value of the neighbouring property or interfere with the convenience or comfort of neighbouring occupants, Samburu County Spatial Planning () the proposed building or land use is unsuitable, injurious to amenities or detrimental in respect of appearance or di gnity or fails to comply with physical planning requirements in regard to siting, design, height, elevation, size shape, structure or (g) the building is likely to become objectionable environmental grounds; (i) the building is not sited in a satisfactory position, No. 9 on (h) roads of access, parking bays, vehicular and pedestrian circuiation spaces or other services to the plot or premises are inadequate. Deposit of plans any () the site on which it is proposed to build is unfit or unsuitabie for the erection thereon of the building proposed to be erected: (k) the system of drainage including soil, waste and surface water of the plot or sub-plot upon which the building is to or stands, is not satisfactory; and ) provision has not been made for adequate natural light and ventilation, or any other physical planning issue. 53. Copies of building plans approved under this Part shai! be deposited with the Directorate. Compliance with approved plans 54 (1) No person shall erect or authoize to be erected anv building except in accordance with the building plans submited to and approved under this Act. (2) A person who contravenes this section commits an ottence and shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not one year or to both. Exemptions and partial exemptions 55. Buildings constructed exclusively tor the purses listed below shall be exempt from the operation of this Part evcept those that require noice to be given of the intenion to erect the building, submission of site and block plans, writen particulars and noçce of any material change of user appearance, 26 No. 9 Samburu County Spatial Planning 2020 (b) the number of dwellings or separate tenancies or occupancies to be provided in the building; {c) the mode of drainage and means of disposal of waste water, soil, water, roof water or other liquid; (d) the water supply; (e) the number of persons to be accommodated in each part thereof; (f) the means and capacity thereof for ventilation and the provisions made for the safety of the public; and (g) plans of all floors, ground and street levels and elevations sections and drainage shall be to a scale of not less than] cm. 1 m. (1":8ft.) block plans indicating the site of the building and adjoining buildings to a scale of not less than 1":40 and details where required by the Directorate to a scale of 0.5cm.: 4 40.5": 1 Ft). (3) The Directorate shall within thirty days of an application under this section. review the building plan and if satisfied that the plan complies with the requirements of this Act approve the plan. (4) Where the Directorate is not satisfied with the building plan on conditions stipulated under section 27 it shall reject it and give reasons to the applicant. (5) An applicant whose application has been rejected under subsection (4). may re submit the application upon complying with the matters raised by the Directorate. Refusal of approval 52. The Directorate may refuse to recommend any new building or proposed development, or alteration or addition to any existing building if— (a) the proposal is not in conformity with approved development plans; (b) such plan discloses a contravention of this Act or the provisions of any written law; (c) the plans are not correctly drawn or omit to show information required under this Act; (d) on such being required, a separate application accompanied by seis of plans has not been lodged in respect of buildings on separate plots or sub-plots; No. 9 26 Samburu County Spatial Planning () the number of dwellings or separate tenancies or occupancies to be provided in the building. (d) the water supply; 2020 (c) the mode of drainage and means of disposal of waste water, soil, water, roof water or other liquid; (e) the number of persons to be accommodated in each part thereof; () the means and capacity thereof for ventilation and the provisions made for the safety of the public;, and (g) plans of all floors, ground and street levels and elevations sections and drainage shall be to a scale of not less thanl cm. 1 m. (1";Sf.) block plans indicating the site of the building and adjoining buildings to a scale of not less than 1":40 and details where required by the Directorate to a scale of 0.5cm.: 4 ft. (0.5": 1f). (3) The Directorate shall within thirty days of an application under this section, review the building plan and if satisfied that the plan complies with the requirements of this Act approve the plan. Refusal of approval (4) Where the Directorate is not satisfied with the building plan on conditions stipulated under section 27 it shall reject it and give reasons to the applicant. (5) An applicant whose application has been rejected under subsection (4), may re submit the application upon complying with the matters raised by the Directorate. 52. The Directorate may refuse to recommend any new building or proposed development, or alteration or addition to any existing building if (a) the proposal is not in conformity with approved development plans, (b) such plan discloses a contravention of this Act or the provisions of any written law, (c) the plans are not correctly drawn or omit to show information required under this Act, (d) on such being required, a separate application accompanied by sels of plans has not been lodged in respect of buildings on separate plots or sub-plots, 27 2020 (e) the land or the proposed building or structure is to be used for any purpose or purposes which might be calculated to depreciate the value of the neighbouring property or interfere with the convenience or comfort of neighbouring occupants, Samburu County Spatial Planning () the proposed building or land use is unsuitable, injurious to amenities or detrimental in respect of appearance or di gnity or fails to comply with physical planning requirements in regard to siting, design, height, elevation, size shape, structure or (g) the building is likely to become objectionable environmental grounds; (i) the building is not sited in a satisfactory position, No. 9 on (h) roads of access, parking bays, vehicular and pedestrian circuiation spaces or other services to the plot or premises are inadequate. Deposit of plans any () the site on which it is proposed to build is unfit or unsuitabie for the erection thereon of the building proposed to be erected: (k) the system of drainage including soil, waste and surface water of the plot or sub-plot upon which the building is to or stands, is not satisfactory; and ) provision has not been made for adequate natural light and ventilation, or any other physical planning issue. 53. Copies of building plans approved under this Part shai! be deposited with the Directorate. Compliance with approved plans 54 (1) No person shall erect or authoize to be erected anv building except in accordance with the building plans submited to and approved under this Act. (2) A person who contravenes this section commits an ottence and shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not one year or to both. Exemptions and partial exemptions 55. Buildings constructed exclusively tor the purses listed below shall be exempt from the operation of this Part evcept those that require noice to be given of the intenion to erect the building, submission of site and block plans, writen particulars and noçce of any material change of user appearance, 27 2020 Samburu County Spatial Planning No.9 (e) the land or the proposed building or structure is to be used for any purpose or purposes which might be calculated to depreciate the value of the neighbouring property or interfere with the convenience or comfort of neighbouring occupants; (f) the proposed building or land use is unsuitable, injurious to amenities or detrimental in respect of appearance or dignity or fails to comply with physical planning requirements in regard to siting, design, height, elevation, size shape, structure or appearance; (g) the building is likely to become objectionable on any é environmental grounds; (h) roads of access, parking bays, vehicular and pedestrian circulation spaces or other services to the plot or premises are inadequate: (i) the building is not sited in a satisfactory position: (j) the site on which it is proposed to build is unfit or unsuitabie for the erection thereon of the building proposed to be erected; (k) the system of drainage including soil, waste and surface water of the plot or sub-plot upon which the building is to or stands, is not satisfactory; and () provision has not been made for adequate natural light and ventilation; or any other physical planning issue. Deposit of plans 53. Copies of building plans approved under this Part shail be deposited with the Directorate. Compliance with approved plans 54 (1) No person shall erect or authorize to be erected any building except in accordance with the building plans submitted to and approved under this Act. (2) A person who contravenes this section commits an offence and shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not one year or to both. Exemptions and partial exemptions 55, Buildings constructed exclusively for the purposes listed below shall be exempt from the operation of this Part except these that require notice to be given of the intention to erect the building, submission of site and block plans, written particulars and notice of any matenal change of user— No. 9 28 Samburu Counp Spatial Planning (a) poultry house, aviary, dog kennel, greenhouse or orchard house; (b) a fuel store (other than for the storage of petroleum fuels, kerosene or alcohol; (c) a boat house (not intended for the accommodation of a motorboat), (d) a garden tool shed, potting shed or cycle shed, (e) a moveable dwelling or tent: Terminal features 2020 Provided that such building shall not remain erected or be used for a period exceeding twenty- eight days and that it is not more than 700 cubic feet and is wholly detached from other buildings. 56. (1) The Directorate shall prescribe the siting, size, height, shape or appearance of a building where the building may be sited so as to form a terminal feature to a street. Sites of public building (2) The owner, occupier or developer of the parcel of land referred under subsection (1) who fails to comply with the provision this section commits an offence and shall be liable to a fine not exceeding one hundred thousand or to imprisonment for a term not exceeding six months. 57. (1) No person shall erect a public building on any site unless that site is provided for in the physical development plan for that purpose and with the recommendation or approval of the Directorate. (2) The Directorate may refuse to recommend or approve the site mentioned in subsection (1) on the grounds that (a) the site is not suitable for the purpose; (b) the erection on the site of any such public buildings would be contrary to the public interest; (c) the site does not sufficiently provide for the safety of persons frequenting such public building or the general public; (d) the discharge of audiences or patrons from any such building on a site is likely to interfere with the safe conduct of traffic in the streets; (e) the site is so close to another public building that congestion of traffic may be possible, or 2020 halls 29 Samburu County Spatial Planning () car parking provision on or in the vicinity of the site is, in the opinion of the Directorate, inadequate. (3) The site of buildings accessible to the public such as theatre, cinematography halls, shopping malls, music halls, social hall and concert (a) shall have two sides as frontage to a public street; (b) the street shall be of such width and direction; and No. 9 (c) as shall enable the persons accommodation in the premises to disperse rapidly in the event of fire or panic and as will afford facilities for the approach and use of fire appliances. (4) Notwithstanding subsection (3), a private open and paved passageway leading to a street may be regarded as equivalent to a public street if. Building frontage (a) it is for the exxclusive use by persons visiting the premises stipulated under subsection (3); and (b) has a minimum width of twenty four feet or such with as the executive member may prescribe. 58. (1) A building shall not be erected (a) on any plot or sub-plot which has no proper and sufficient frontage to a street, such street, not being a sanitary lane or passage; (b) so as to have its principal access to or its principal frontage abutting on a service lane, alley or passage except with writen permission from the Directorate. (2) No means of access from a service lane for use by the pubiic shall be permitted in any premises used for retail trade coverage. Sanitation 59, (1) All new buildings and all additions to existing buildings, particularly out-buildings, latrines and all drains and sanitary apparatus of any kind shall be situated on such plot on which they may be built. (2) The buildings referred under subsecçon (1) shall (a) meet the best practicable hygienic and sanitary conditions, and (b) result to any nuisance or annoy ance trom the position and appearance. 28 No. 9 Samburu County Spatial Planning 2020 (a) poultry house, aviary, dog kennel, greenhouse or orchard house; (b) a fuel store (other than for the storage of petroleum fuels, kerosene or alcohol; (c) a boat house (not intended for the accommodation of a motorboat); (d) a garden tool shed, potting shed or cycle shed; (e) a moveable dwelling or tent: Provided that such building shall not remain erected or be used for a period exceeding twenty- eight days and that it is not more than 700 cubic feet and is wholly detached from other buildings. Terminal features 56. (1) The Directorate shall prescribe the siting, size, height, shape or appearance of a building where the building may be sited so as to form a terminal feature to a street. (2) The owner, occupier or developer of the parcel of land referred under subsection (1) who fails to comply with the provision this section commits an offence and shall be liable to a fine not exceeding one hundred thousand or to imprisonment for a term not exceeding six months. Sites of public building 57. (1) No person shall erect a public building on any site unless that site is provided for in the physical development plan for that purpose and with the recommendation or approval of the Directorate. (2) The Directorate may refuse to recommend or approve the site mentioned in subsection (1) on the grounds that— (a) the site is not suitable for the purpose; (b) the erection on the site of any such public buildings would be contrary to the public interest; (c) the site does not sufficiently provide for the safety of persons frequenting such public building or the general public; (d) the discharge of audiences or patrons from any such building on a site is likely to interfere with the safe conduct of traffic in the streets; (€) the site is so close to another public building that congestion of traffic may be possible; or No. 9 28 Samburu Counp Spatial Planning (a) poultry house, aviary, dog kennel, greenhouse or orchard house; (b) a fuel store (other than for the storage of petroleum fuels, kerosene or alcohol; (c) a boat house (not intended for the accommodation of a motorboat), (d) a garden tool shed, potting shed or cycle shed, (e) a moveable dwelling or tent: Terminal features 2020 Provided that such building shall not remain erected or be used for a period exceeding twenty- eight days and that it is not more than 700 cubic feet and is wholly detached from other buildings. 56. (1) The Directorate shall prescribe the siting, size, height, shape or appearance of a building where the building may be sited so as to form a terminal feature to a street. Sites of public building (2) The owner, occupier or developer of the parcel of land referred under subsection (1) who fails to comply with the provision this section commits an offence and shall be liable to a fine not exceeding one hundred thousand or to imprisonment for a term not exceeding six months. 57. (1) No person shall erect a public building on any site unless that site is provided for in the physical development plan for that purpose and with the recommendation or approval of the Directorate. (2) The Directorate may refuse to recommend or approve the site mentioned in subsection (1) on the grounds that (a) the site is not suitable for the purpose; (b) the erection on the site of any such public buildings would be contrary to the public interest; (c) the site does not sufficiently provide for the safety of persons frequenting such public building or the general public; (d) the discharge of audiences or patrons from any such building on a site is likely to interfere with the safe conduct of traffic in the streets; (e) the site is so close to another public building that congestion of traffic may be possible, or 2020 halls 29 Samburu County Spatial Planning () car parking provision on or in the vicinity of the site is, in the opinion of the Directorate, inadequate. (3) The site of buildings accessible to the public such as theatre, cinematography halls, shopping malls, music halls, social hall and concert (a) shall have two sides as frontage to a public street; (b) the street shall be of such width and direction; and No. 9 (c) as shall enable the persons accommodation in the premises to disperse rapidly in the event of fire or panic and as will afford facilities for the approach and use of fire appliances. (4) Notwithstanding subsection (3), a private open and paved passageway leading to a street may be regarded as equivalent to a public street if. Building frontage (a) it is for the exxclusive use by persons visiting the premises stipulated under subsection (3); and (b) has a minimum width of twenty four feet or such with as the executive member may prescribe. 58. (1) A building shall not be erected (a) on any plot or sub-plot which has no proper and sufficient frontage to a street, such street, not being a sanitary lane or passage; (b) so as to have its principal access to or its principal frontage abutting on a service lane, alley or passage except with writen permission from the Directorate. (2) No means of access from a service lane for use by the pubiic shall be permitted in any premises used for retail trade coverage. Sanitation 59, (1) All new buildings and all additions to existing buildings, particularly out-buildings, latrines and all drains and sanitary apparatus of any kind shall be situated on such plot on which they may be built. (2) The buildings referred under subsecçon (1) shall (a) meet the best practicable hygienic and sanitary conditions, and (b) result to any nuisance or annoy ance trom the position and appearance. 29 2020 Samburu County Spatial Planning No. 9 (f) car parking provision on or in the vicinity of the site is, in the opinion of the Directorate, inadequate. (3) The site of buildings accessible to the public such as theatre, cinematography halls, shopping malls, music halls, social hall and concert halls — (a) shall have two sides as frontage to a public street; (b) the street shall be of such width and direction; and (c) as shall enable the persons accommodation in the premises to disperse rapidly in the event of fire or panic and as will afford facilities for the approach and use of fire appliances. (4) Notwithstanding subsection (3), a private open and paved passageway leading to a street may be regarded as equivalent to a public street if — (a) it is for the exclusive use by persons visiting the premises stipulated under subsection (3); and (6) has a minimum width of twenty four feet or such with as the executive member may prescribe. Building frontage 58. (1) A building shall not be erected — (a) on any plot or sub-plot which has no proper and sufficient frontage to a street, such street, not being a sanitary lane or passage; (b) so as to have its principal access to or its principal frontage abutting on a service lane, alley or passage except with written permission from the Directorate. (2) No means of access from a service lane for use by the public shail be permitted in any premises used for retail trade coverage. Sanitation 59. (1) All new buildings and all additions to existing buildings, particularly out-buildings, latrines and all drains and sanitary apparatus of any kind shall be situated on such plot on which they may be built. (2) The buildings referred under subsection (1) shall— (a) meet the best practicable hygienic and sanitary conditions, and (b) result to any nuisance or annoyance from the position and appearance. No. 9 Cartilage 30 Samburu County Spatial Planning 60. Except in the case of dwellings contained in a special block of flats or a block of flats where any building is designed, constructed or used so as to provide within the same building more than one dwelling for a single family: 2020 (a) each such dwelling shall be deemed to be a separate house and shall have its own separate area; (b) cartilage or open space shall be contiguous with such dwelling as ifit werea separate building; and (c) the number of such dwellings shall not exceed the number permited under this Act for the area within which the building is situated. Alteration of building (change of class) Building lines 61. Where the use of any building or part thereof of any one class or combination of classes is altered to that of another class or combination of classes for which a less amount of coverage is required under this Act, not less than the minimum open space required under this Act shall be provided for the class or combination of classes to which the building has been altered. 62. (1) The executive member may prescribe a building line on any road to be such distance from the road reserve boundary as the executive member may deem expedient for preserving the amenity of the road. (2) No person shall erect any building other than a boundary wall or other fence nearer to the road beyond the prescribed. (3) The building line may vary in distance from the road boundary throughout a road or part thereof. (4) The building line shall generally be in accordance with the specification described below or as may be prescribed (a) where roads range between six metres to eighteen metres in width the building line shall be six metres; (b) for any road above eighteen metres in width the building line shall be nine metres. (5) Notwithstanding the provisions of this Part regarding the minimum size of plots in any area, a plot at any street corner shall be made to adequate size to permit establishment of satisfactory building lines 2020 Samburu County Spatial Planning Back to back dwelling 31 (whenever appropriate) and to provide for proper utilization of such plots within the building lines. 63. (1) A person shall not erect a building in such manner as to provide any back-to-back dwelling. (2) For the purposes of this section, the expression �back-to-back" dwelling shall include any dwelling the whole of the habitable portion of which is not adequately and efficiently through- ventilated by means of ventilating aperture communicating directly with the external walls. Access to rear of building from street No. 9 64. Access of not less than one decimal six metres in width shall be provided from the street to the rear of buildings other than through the building where such access is not provided from a side passage or rear line. Access to dwelling and other buildings 65. (1) A domestic building or every part of a building which in the opinion of the Directorate may be from a separate tenancy or Occupancy, shall have independent access to a street, such street not have a common access to a steet. (2) Notwithstanding subsection (1), dwellings contained in a special block of flats or a block of flats or separate offices within a building may (3) Within every plot or sub-plot upon which it is intended to be erected a domestic building there shall be laid out and constructed sufficient and suitably made footpaths of not less than one metre in width and where applicable, such vehicular ways as to provide adequate means of passage between the building and the nearest or most convenient road to which the plot or sub-plot has a frontage. Canopies and projections (4) Where any roadway is laid out and constructed for the purpose of providing access from any building to any road, street or lane it shall be extended from the boundary of the plot to the edge of the cariageway within the road, street or lane and the sitting of such access road shall be in accordance with the specifications of the Directorate. 66. (1) A canopy may, with the permission of the Directorate be erected over a footway but such canopy being a sanitary lane or passage. 30 No. 9 Samburu County Spatial Planning 2020 Cartilage 60. Except in the case of dwellings contained in a special block of flats or a block of flats where any building is designed, constructed or used so as to provide within the same building more than one dwelling for a single family: — (a) each such dwelling shall be deemed to be a separate house and shall have its own separate area; (b) cartilage or open space shall be contiguous with such dwelling as if it were a separate building; and (c) the number of such dwellings shall not exceed the number permitted under this Act for the area within which the building is situated. Alteration of building (change of class) 61. Where the use of any building or part thereof of any one class or combination of classes is altered to that of another class or combination of classes for which a less amount of coverage is required under this Act, not less than the minimum open space required under this Act shall be provided for the class or combination of classes to which the building has been altered. Building lines 62. (1) The executive member may prescribe a building line on any toad to be such distance from the road reserve boundary as the executive member may deem expedient for preserving the amenity of the road. (2) No person shall erect any building other than a boundary wall or other fence nearer to the road beyond the prescribed. (3) The building line may vary in distance from the road boundary throughout a road or part thereof. (4) The building line shall generally be in accordance with the specification described below or as may be prescribed— (a) where roads range between six metres to eighteen metres in width the building line shall be six metres; (b) for any road above eighteen metres in width the building line shall be nine metres. 6) Notwithstanding the provisions of this Part regarding the minimum size of plots in any area, a plot at any street corner shall be made to adequate size to permit establishment of satisfactory building lines No. 9 Cartilage 30 Samburu County Spatial Planning 60. Except in the case of dwellings contained in a special block of flats or a block of flats where any building is designed, constructed or used so as to provide within the same building more than one dwelling for a single family: 2020 (a) each such dwelling shall be deemed to be a separate house and shall have its own separate area; (b) cartilage or open space shall be contiguous with such dwelling as ifit werea separate building; and (c) the number of such dwellings shall not exceed the number permited under this Act for the area within which the building is situated. Alteration of building (change of class) Building lines 61. Where the use of any building or part thereof of any one class or combination of classes is altered to that of another class or combination of classes for which a less amount of coverage is required under this Act, not less than the minimum open space required under this Act shall be provided for the class or combination of classes to which the building has been altered. 62. (1) The executive member may prescribe a building line on any road to be such distance from the road reserve boundary as the executive member may deem expedient for preserving the amenity of the road. (2) No person shall erect any building other than a boundary wall or other fence nearer to the road beyond the prescribed. (3) The building line may vary in distance from the road boundary throughout a road or part thereof. (4) The building line shall generally be in accordance with the specification described below or as may be prescribed (a) where roads range between six metres to eighteen metres in width the building line shall be six metres; (b) for any road above eighteen metres in width the building line shall be nine metres. (5) Notwithstanding the provisions of this Part regarding the minimum size of plots in any area, a plot at any street corner shall be made to adequate size to permit establishment of satisfactory building lines 2020 Samburu County Spatial Planning Back to back dwelling 31 (whenever appropriate) and to provide for proper utilization of such plots within the building lines. 63. (1) A person shall not erect a building in such manner as to provide any back-to-back dwelling. (2) For the purposes of this section, the expression �back-to-back" dwelling shall include any dwelling the whole of the habitable portion of which is not adequately and efficiently through- ventilated by means of ventilating aperture communicating directly with the external walls. Access to rear of building from street No. 9 64. Access of not less than one decimal six metres in width shall be provided from the street to the rear of buildings other than through the building where such access is not provided from a side passage or rear line. Access to dwelling and other buildings 65. (1) A domestic building or every part of a building which in the opinion of the Directorate may be from a separate tenancy or Occupancy, shall have independent access to a street, such street not have a common access to a steet. (2) Notwithstanding subsection (1), dwellings contained in a special block of flats or a block of flats or separate offices within a building may (3) Within every plot or sub-plot upon which it is intended to be erected a domestic building there shall be laid out and constructed sufficient and suitably made footpaths of not less than one metre in width and where applicable, such vehicular ways as to provide adequate means of passage between the building and the nearest or most convenient road to which the plot or sub-plot has a frontage. Canopies and projections (4) Where any roadway is laid out and constructed for the purpose of providing access from any building to any road, street or lane it shall be extended from the boundary of the plot to the edge of the cariageway within the road, street or lane and the sitting of such access road shall be in accordance with the specifications of the Directorate. 66. (1) A canopy may, with the permission of the Directorate be erected over a footway but such canopy being a sanitary lane or passage. 3] 2020 Samburu County Spatial Planning No. 9 (whenever appropriate) and to within the building lines. Back to back dwelling provide for proper utilization of such plots 63. (1) A person shall not erect a building in such manner as to provide any back-to-back dwelling. (2) For the purposes of this section, the expression “back-to-back” dwelling shall include any dwelling the whole of the habitable portion of which is not adequately and efficiently through- ventilated by means of ventilating aperture communicating directly with the external walls. Access to rear of building from street 64. Access of not less than one decimal six metres in width shall be provided from the street to the rear of buildings other than through the building where such access is not provided from a side passage or rear line. Access to dwelling and other buildings 65. (1) A domestic building or every part of a building which in the opinion of the Directorate may be from a separate tenancy or occupancy, shall have independent access to a street, such street not being a sanitary lane or passage. (2) Notwithstanding subsection (1), dwellings contained in a special block of flats or a block of flats or separate offices within a building may have a common access to a street. (3) Within every plot or sub-plot upon which it is intended to be erected a domestic building there shall be laid out and constructed sufficient and suitably made footpaths of not less than one metre in width and where applicable, such vehicular ways as to provide adequate means of passage between the building and the nearest or most convenient toad to which the plot or sub-plot has a frontage. (4) Where any roadway is laid out and constructed for the purpose of providing access from any building to any road, street or lane it shall be extended from the boundary of the plot to the edge of the carriageway within the road, street or lane and the sitting of such access road shall be in accordance with the specifications of the Directorate. Canopies and projections 66. (1) A canopy may, with the permission of the Directorate be erected over a footway but such canopy— No. 9 32 Samburu County Spatial Planning (a) shall not be less than three metres above the level of the footway; 2020 (b) shall not extend outwards from the building so as to be nearer the vertical plans of the kerb line of the footway than zero decimal six metres; (c) shall be impervious to moisture on the upper surface and drained in a manner which shall prevent the discharge of therefrom on the footway. (2) A canopy shall be used in conjunction with or as a means of access to any room or apartment. Offensive sites water (3) No person shall place or permit or cause to be placed any article or load upon any canopy. (4) Where it is considered desirable that canopies should be erected in front of new buildings, the Directorate may require the owner to provide in the design of such buildings for canopies and such structures shall conform to the conditions or design and materials as the structural engineer may prescribe. (5) On being so required, the owner shall at his own cost, when he erects the new building construct such canopy and execute the requisite canopy agreement. Space in front of buildings 67. No building shall be erected on any site which has been made up or filled up by offensive or insanitary materials on which has been used for the deposit of the refuse, excrementious materials or carcasses of dead animals or other filthy or offensive matter until such site has been dealt with to the satisfaction of the County Public Health Officer, County Chief Materials Engineer, National Environment Management Authority and the Directorate. 68. (1) A domestic building shall be so sited as to leave an open space immediately in front thereof, which space shall extend throughout the whole width of the front of the building toa distance of not less than six metres measured at right angles therefrom. (2) Where building fronts on a street of lesser width than stipulated under subsection (), the width of such open space may be not less the width of the street, together with one half of the difference between that width and six metres. 2020 33 Samburu County Spatial Planning (3) Any part of an open space left as provided under this sectíon which lies within the plot shall be free from erection above the level of the ground, except a fence or wall not exceeding one decimal four metres in height or a portico, porch, step or other like projection from the building or a gate. Minimum measurement of courtyard External passage No. 9 69. Where any building contains more than one dwelling and is designed to have an internal courtyard or open space, there shall be provided within such courtyard or open space an area free from obstruction of not less than thirty two decimal five square metres and having no dimension less than four decimal five square metres. Secondary means of access 70. Unless the Directorate otherwise permitted, a building shall be provided with a secondary means of access. Service area 71. Any passage between buildings erected on the same plot or between a building and the boundaries of the plot on which such building is situated, shall have minimum dimensions of one decimal two metres in width and two decimal one in height. 72. A person erecting a building shall provide to the satisfaction of the Directorate, a service area for the security serving that building, loading and unloading of vehicles, dustbins, and such other purposes as the Directorate may require, and the means of the access thereto shall be of a width not less than three meters. Permitted advertisements 73. The owner of a building may display the following illustrated advertisements without the prior consent of the Directorate (a) in the case of shops, the name and occupation of the occupier provided that the letters are not greater than zero decimal three meters. in depth and contains not more than six words; (b) in the case of offices, a notice board displayed at the ground floor entrance to the premises not exceeding zero decimal three square metres total for all occupiers; () any advertisement displayed within a building or on land or building not visible from a street; () notices in connection with religious events or residential plots. 32 No.9 Samburu County Spatial Planning 2020 (a) shall not be less than three metres above the level of the footway; (b) shall not extend outwards from the building so as to be nearer the vertical plans of the kerb line of the footway than zero decimal six metres; (c) shall be impervious to moisture on the upper surface and drained in a manner which shall prevent the discharge of water therefrom on the footway. (2) A canopy shall be used in conjunction with or as a means of access to any room or apartment. (3) No person shall place or permit or cause to be placed any article or load upon any canopy. (4) Where it is considered desirable that canopies should be erected in front of new buildings, the Directorate may require the owner to provide in the design of such buildings for canopies and such structures shall conform to the conditions or design and materials as the structural engineer may prescribe. (5) On being so required, the owner shall at his own cost, when he erects the new building construct such canopy and execute the requisite canopy agreement. Offensive sites 67. No building shall be erected on any site which has been made up or filled up by offensive or insanitary materials on which has been used for the deposit of the refuse, excrementious materials or carcasses of dead animals or other filthy or offensive matter until such site has been dealt with to the satisfaction of the County Public Health Officer, County Chief Materials Engineer, National Environment Management Authority and the Directorate. Space in front of buildings 68. (1) A domestic building shall be so sited as to leave an open space immediately in front thereof, which space shall extend throughout the whole width of the front of the building to a distance of not less than six metres measured at right angles therefrom. (2) Where building fronts on a street of lesser width than stipulated under subsection (1), the width of such open space may be not less the width of the street, together with one half of the difference between that width and six metres, No. 9 32 Samburu County Spatial Planning (a) shall not be less than three metres above the level of the footway; 2020 (b) shall not extend outwards from the building so as to be nearer the vertical plans of the kerb line of the footway than zero decimal six metres; (c) shall be impervious to moisture on the upper surface and drained in a manner which shall prevent the discharge of therefrom on the footway. (2) A canopy shall be used in conjunction with or as a means of access to any room or apartment. Offensive sites water (3) No person shall place or permit or cause to be placed any article or load upon any canopy. (4) Where it is considered desirable that canopies should be erected in front of new buildings, the Directorate may require the owner to provide in the design of such buildings for canopies and such structures shall conform to the conditions or design and materials as the structural engineer may prescribe. (5) On being so required, the owner shall at his own cost, when he erects the new building construct such canopy and execute the requisite canopy agreement. Space in front of buildings 67. No building shall be erected on any site which has been made up or filled up by offensive or insanitary materials on which has been used for the deposit of the refuse, excrementious materials or carcasses of dead animals or other filthy or offensive matter until such site has been dealt with to the satisfaction of the County Public Health Officer, County Chief Materials Engineer, National Environment Management Authority and the Directorate. 68. (1) A domestic building shall be so sited as to leave an open space immediately in front thereof, which space shall extend throughout the whole width of the front of the building toa distance of not less than six metres measured at right angles therefrom. (2) Where building fronts on a street of lesser width than stipulated under subsection (), the width of such open space may be not less the width of the street, together with one half of the difference between that width and six metres. 2020 33 Samburu County Spatial Planning (3) Any part of an open space left as provided under this sectíon which lies within the plot shall be free from erection above the level of the ground, except a fence or wall not exceeding one decimal four metres in height or a portico, porch, step or other like projection from the building or a gate. Minimum measurement of courtyard External passage No. 9 69. Where any building contains more than one dwelling and is designed to have an internal courtyard or open space, there shall be provided within such courtyard or open space an area free from obstruction of not less than thirty two decimal five square metres and having no dimension less than four decimal five square metres. Secondary means of access 70. Unless the Directorate otherwise permitted, a building shall be provided with a secondary means of access. Service area 71. Any passage between buildings erected on the same plot or between a building and the boundaries of the plot on which such building is situated, shall have minimum dimensions of one decimal two metres in width and two decimal one in height. 72. A person erecting a building shall provide to the satisfaction of the Directorate, a service area for the security serving that building, loading and unloading of vehicles, dustbins, and such other purposes as the Directorate may require, and the means of the access thereto shall be of a width not less than three meters. Permitted advertisements 73. The owner of a building may display the following illustrated advertisements without the prior consent of the Directorate (a) in the case of shops, the name and occupation of the occupier provided that the letters are not greater than zero decimal three meters. in depth and contains not more than six words; (b) in the case of offices, a notice board displayed at the ground floor entrance to the premises not exceeding zero decimal three square metres total for all occupiers; () any advertisement displayed within a building or on land or building not visible from a street; () notices in connection with religious events or residential plots. 33 2020 Samburu County Spatial Planning No. 9 (3) Any part of an open space left as provided under this section which lies within the plot shall be free from erection above the level of the ground, except a fence or wall not exceeding one decimal four metres in height or a portico, porch, step or other like projection from the building or a gate. Minimum measurement of courtyard 69. Where any building contains more than one dwelling and is designed to have an internal courtyard or open space, there shall be provided within such courtyard or open space an area free from obstruction of not less than thirty two decimal five square metres and having no dimension less than four decimal five square metres. Secondary means of access 70. Unless the Directorate otherwise permitted, a building shall be provided with a secondary means of access. External passage 71. Any passage between buildings erected on the same plot or between a building and the boundaries of the plot on which such building is situated, shall have minimum dimensions of one decimal two metres in width and two decimal one in height. Service area 72. A person erecting a building shall provide to the satisfaction of the Directorate, a service area for the security serving that building, loading and unloading of vehicles, dustbins, and such other purposes as the Directorate may require, and the means of the access thereto shall be of a width not less than three meters. Permitted advertisements 73. The owner of a building may display the following illustrated advertisements without the prior consent of the Directorate— (a) in the case of shops, the name and occupation of the occupier provided that the letters are not greater than zero decimal three meters. in depth and contains not more than six words; (b) in the case of offices, a notice board displayed at the ground floor entrance to the premises not exceeding zero decimal three square metres total for all occupiers; (c) any advertisement displayed within a building or on land or building not visible from a street; (d) notices in connection with religious events or residential plots. No. 9 Hanging sign 34 Samburu County Spatial Planning 74. The owner or occupier of any premises may display hanging advertisements with the consent of the Directorate provided that they do not exceed one decimal eight by zero decimal six meters and the bottom of the sign is two decimal four minimum height from the pavement. Advertisements requiring permission 75. (1) The display of advertisements not mentioned in section 48 shall require permission from the Directorate. (2) The grant of permission under subsection (1) shall depend on (a) the location, size and colours of the Act board; (b) trafic and pedestrian safety; (c) religious, cultural and moral character of the advertisements: (d) preservation of the natural environment; (e) scenic beauty; 2020 (f) the preservation of natural monuments and archaeological sites; (g) general amenity; and Register (h) any other factor that the Directorate may consider necessary. Removal of unauthorized advertisements 76. The Directorate may by notice in writing require any perSon who displays an advertisement under section 71 without permission to remove such advertisement within the time specified in the notice. 77. The Directorate shall maintain a digitized register containing the following information (a) the physical development plan and all zoning regulations issued therein; (b) particulars of any application for permission to develop made to it in respect of any land, including (i) the land reference number of the property; (ii) the road, sub county and town in which it is situated; (ii1) the name and address of the applicant and registered number; and (iv) date of receipt of the application and brief particulars of the development forming the subject of the application; 2020 35 (c) particulars of any direction given under the Act in respect of the application; Samburu County Spatial Planning (d) the decision of the Directorate or Coordinating Committee in respect of the application and the date of such decision; (e) the date and effect of any decision of the Coordinating Committee in respect of any application referred to it under this Act; Index to register () the date and effect of any determination or order of the Coordinating Committee in respect of an appeal against a decision of the application; and (g) the date and effect of any decision of the High Court in respect of an appeal against the determination of the Directorate or Coordinating Committee. No. 9 78. A register may contain an index in the form of cards and each card shall contain (a) the land reference number of the property which is the subject of the application; (b) the road, district or town in which it is situated: (c) the name and address of the applicant; and (d) the registered number of the application; Entry in register (e) and shall be filed in numerical sequence according to the land reference number. Access to records 79. Every entry in the register shall be made within seven days of the happening of the event in respect of which an entry is required to be made. Inspection of register 80, The register shall be kept at the offices of the Directorate and made available for inspection by the public during normal hours of ofhcial business. 81. (1) The Directorate has powers to demand the production of, and make extracts from, all registers or other records or any deeds or instruments belonging to, or in the custody of any public oficer or any person in which are contained particulars of any land or property affected by any physical development plan. 34 No.9 Samburu County Spatial Planning 2020 Hanging sign 74. The owner or occupier of any premises may display hanging advertisements with the consent of the Directorate provided that they do not exceed one decimal eight by zero decimal six meters and the bottom of the sign is two decimal four minimum height from the pavement. Advertisements requiring permission 75. (1) The display of advertisements not mentioned in section 48 shall require permission from the Directorate. (2) The grant of permission under subsection (1) shall depend on— (a) the location, size and colours of the Act board; (b) traffic and pedestrian safety; (©) religious, cultural and moral character of the advertisements; (d) preservation of the natural environment; (e) scenic beauty; (f) the preservation of natural monuments and archaeological sites; (g) general amenity; and (h) any other factor that the Directorate may consider necessary. Removal of unauthorized advertisements 76. The Directorate may by notice in writing require any person who displays an advertisement under section 71 without permission to Temove such advertisement within the time specified in the notice. Register 71. The Directorate shall maintain a digitized register containing the following information— (a) the physical development plan and all zoning regulations issued therein; (b) particulars of any application for permission to develop made to it in respect of any land, including— (i) the Jand reference number of the property; (ii) the road, sub county and town in which it is situated; (iii) the name and address of the applicant and registered number; and (iv) date of receipt of the application and brief particulars of the development forming the subject of the application; No. 9 Hanging sign 34 Samburu County Spatial Planning 74. The owner or occupier of any premises may display hanging advertisements with the consent of the Directorate provided that they do not exceed one decimal eight by zero decimal six meters and the bottom of the sign is two decimal four minimum height from the pavement. Advertisements requiring permission 75. (1) The display of advertisements not mentioned in section 48 shall require permission from the Directorate. (2) The grant of permission under subsection (1) shall depend on (a) the location, size and colours of the Act board; (b) trafic and pedestrian safety; (c) religious, cultural and moral character of the advertisements: (d) preservation of the natural environment; (e) scenic beauty; 2020 (f) the preservation of natural monuments and archaeological sites; (g) general amenity; and Register (h) any other factor that the Directorate may consider necessary. Removal of unauthorized advertisements 76. The Directorate may by notice in writing require any perSon who displays an advertisement under section 71 without permission to remove such advertisement within the time specified in the notice. 77. The Directorate shall maintain a digitized register containing the following information (a) the physical development plan and all zoning regulations issued therein; (b) particulars of any application for permission to develop made to it in respect of any land, including (i) the land reference number of the property; (ii) the road, sub county and town in which it is situated; (ii1) the name and address of the applicant and registered number; and (iv) date of receipt of the application and brief particulars of the development forming the subject of the application; 2020 35 (c) particulars of any direction given under the Act in respect of the application; Samburu County Spatial Planning (d) the decision of the Directorate or Coordinating Committee in respect of the application and the date of such decision; (e) the date and effect of any decision of the Coordinating Committee in respect of any application referred to it under this Act; Index to register () the date and effect of any determination or order of the Coordinating Committee in respect of an appeal against a decision of the application; and (g) the date and effect of any decision of the High Court in respect of an appeal against the determination of the Directorate or Coordinating Committee. No. 9 78. A register may contain an index in the form of cards and each card shall contain (a) the land reference number of the property which is the subject of the application; (b) the road, district or town in which it is situated: (c) the name and address of the applicant; and (d) the registered number of the application; Entry in register (e) and shall be filed in numerical sequence according to the land reference number. Access to records 79. Every entry in the register shall be made within seven days of the happening of the event in respect of which an entry is required to be made. Inspection of register 80, The register shall be kept at the offices of the Directorate and made available for inspection by the public during normal hours of ofhcial business. 81. (1) The Directorate has powers to demand the production of, and make extracts from, all registers or other records or any deeds or instruments belonging to, or in the custody of any public oficer or any person in which are contained particulars of any land or property affected by any physical development plan. 35 2020 Samburu County Spatial Planning No. 9 (c) particulars of any direction given under the Act in respect of the application; (d) the decision of the Directorate or Coordinating Committee in respect of the application and the date of such decision; (e) the date and effect of any decision of the Coordinating Committee in respect of any application referred to it under this Act; (f) the date and effect of any determination or order of the Coordinating Committee in respect of an appeal against a decision of the application; and (g) the date and effect of any decision of the High Court in respect of an appeal against the determination of the Directorate or Coordinating Committee. Index to register 78. A register may contain an index in the form of cards and each card shall contain— (a) the land reference number of the property which is the subject of the application; (b) the road, district or town in which it is situated; (c) the name and address of the applicant; and (d) the registered number of the application; (e) and shall be filed in numerical sequence according to the land reference number. Entry in register 79. Every entry in the register shall be made within seven days of the happening of the event in respect of which an entry is required to be made. Inspection of register 80. The register shall be kept at the offices of the Directorate and made available for inspection by the public during normal hours of official business. Access to records 81. (1) The Directorate has powers to demand the production of, and make extracts from, all registers or other records or any deeds or instruments belonging to, or in the custody of any public officer or any person in which are contained particulars of any land or property affected by any physical development plan. No. 9 (2) The Directorate shall 36 Samburu County Spatial Planning Right of entry (a) regard any information obtained under subsection () ae confidential and shall not divulge it to any person as may be Drescribed by any written law or by an order of a court: and (b) ensure that the physical devel opment plan and the list of all development permissions granted under this Act accessible to any person subject to the prescribed procedures. 2020 82, (1) The Director, an officer of the Directorate or any person authorized by the Director in writing may enter any land or premises for the purposes of enforcing this Act. (2) A person shall not have the right to enter upon any land or premises until after the expiration of forty-eight hours after a notice of entry has been served on the owner or occupier of the land or premises. (3) The owner or occupier of any land or premises affected by the exercise of a right of entry under subsection (1) shall be entitled to compensation for any damage caused by the person entering upon the land or premises: Provided that nothing done by any duly authorized person in the bona fide execution or purported execution of his functions under this section shall make such person personally liable for any claim. No. 6 of 2006 (4) Any person who hinders or obstructs the authorized person in the exercise of any of the powers conferred by subsection (1) shall be guilty of an offence and liable to a fine not exceeding fifty thousand shillings or to imprisonment not exceeding six years or to both. Preservation of special value buildings 83. (1) Subject to the provisions of the National Museums and Herntage Ac, the Directorate may, after consultation with the Executive Member responsible for museums serve on the owner or occupier ord building which in the opinion of the Directorate is of special architectural value or historic interest, an order prohibiting the demolition, alteration or extension of such building. (2) The Directorate shall not make an order under subsection (1) in respect of any building declared under the National Museums and Heritage Act to be a monument. (3) The physical devel opment plan shall take into account and 37 2020 record all heritage declared or deemed to have been declared under the National Museums and Heritage Act or county law governing museums. False information Samburu County Spatial Planning 84. Any person who knowingly (a) makes any fal se statement in or in connection with any application or appeal under this Act; or Development audit (b) gives any false information in connection with any application or appeal under this Act, commits an offence and shall be liable to a fine not exceeding twenty thousand shillings or to an imprisonment not exceeding six months or to both. No. 9 85. The Directorate shall conduct audit of all physical developments undertaken prior to the commencement of this Act to ascertain their compliance with the Act. Authentication and validity of notices and orders 86. (1) Any notice, order or other document from the Directorate made under this Act may be signed by an officer authorized in that behalf by the Director. (2) Any notice, order or other document from the Coordinating Committee made and issued under this Act shall be signed by the Chairperson of the Coordinating Committee. Regulations (3) No notice, order or other document duly authenticated in accordance with this Act shall be invalid by reason only of a defect in the form thereof. Exemption from liability 87. The approval of any drawings, particulars or calculaions of any building or structure or work shall not in any way impose or imply acceptance of any responsibility on the part of the County for the stability of any such building structure or work. PART V- GENERAL PROVISIONS 88. (1) The executive member may make Regulations generally for the better carrying out of the objects of this Act. (2) Without prejudice to the generality of subsecion (1), the Regulations may prescribe 36 No.9 Samburu County Spatial Planning 2020 0. (2) The Directorate shall— regard any information obtained under subsection (1) as (a) confidential and shall not divulge it to any person as may be prescribed by any written law or by an order of a court; and (b) ensure that the physi development permiss! any person subject to t cal development plan and the list of all ons granted under this Act accessible to he prescribed procedures. Right of entry $2. (1) The Director, an officer of the Directorate or any person authorized by the Director in writing may enter any land or premises for the purposes of enforcing this Act. (2) A person shall not have the right to enter upon any land or premises until after the expiration of forty-eight hours after a notice of entry has been served on the owner or occupier of the land or premises. (3) The owner or occupier of any land or premises affected by the exercise of a right of entry under subsection (1) shall be entitled to compensation for any damage caused by the person entering upon the land or premises: Provided that nothing done by any duly authorized person in the bona ide execution or purported execution of his functions under this section shall make such person personally liable for any claim. (4) Any person who hinders or obstructs the authorized person in the exercise of any of the powers conferred by subsection (1) shall be guilty of an offence and liable to a fine not exceeding fifty thousand shillings or to impnisonment not exceeding six years or to both. Preservation of special value buildings No. 6 of 2006 83. (1) Subject to the provisions of the National Museums and i Act, the Directorate may, after consultation with the Executive buildi tacts cnioigal Museums serve on the owner or occupier of a uilding which in the opinion of the Directorate is of special architectural value or historic interest, an order prohibiti se ae extension of such building, prohibiting the demolition, alteration (2) The Directorate shall n J : sep ot make an order under subsection (1) in Tespect of any building declared : d Heritage Act to be a monument, under the National Museums an 3 * (3) The physical development plan shall take into account and No. 9 (2) The Directorate shall 36 Samburu County Spatial Planning Right of entry (a) regard any information obtained under subsection () ae confidential and shall not divulge it to any person as may be Drescribed by any written law or by an order of a court: and (b) ensure that the physical devel opment plan and the list of all development permissions granted under this Act accessible to any person subject to the prescribed procedures. 2020 82, (1) The Director, an officer of the Directorate or any person authorized by the Director in writing may enter any land or premises for the purposes of enforcing this Act. (2) A person shall not have the right to enter upon any land or premises until after the expiration of forty-eight hours after a notice of entry has been served on the owner or occupier of the land or premises. (3) The owner or occupier of any land or premises affected by the exercise of a right of entry under subsection (1) shall be entitled to compensation for any damage caused by the person entering upon the land or premises: Provided that nothing done by any duly authorized person in the bona fide execution or purported execution of his functions under this section shall make such person personally liable for any claim. No. 6 of 2006 (4) Any person who hinders or obstructs the authorized person in the exercise of any of the powers conferred by subsection (1) shall be guilty of an offence and liable to a fine not exceeding fifty thousand shillings or to imprisonment not exceeding six years or to both. Preservation of special value buildings 83. (1) Subject to the provisions of the National Museums and Herntage Ac, the Directorate may, after consultation with the Executive Member responsible for museums serve on the owner or occupier ord building which in the opinion of the Directorate is of special architectural value or historic interest, an order prohibiting the demolition, alteration or extension of such building. (2) The Directorate shall not make an order under subsection (1) in respect of any building declared under the National Museums and Heritage Act to be a monument. (3) The physical devel opment plan shall take into account and 37 2020 record all heritage declared or deemed to have been declared under the National Museums and Heritage Act or county law governing museums. False information Samburu County Spatial Planning 84. Any person who knowingly (a) makes any fal se statement in or in connection with any application or appeal under this Act; or Development audit (b) gives any false information in connection with any application or appeal under this Act, commits an offence and shall be liable to a fine not exceeding twenty thousand shillings or to an imprisonment not exceeding six months or to both. No. 9 85. The Directorate shall conduct audit of all physical developments undertaken prior to the commencement of this Act to ascertain their compliance with the Act. Authentication and validity of notices and orders 86. (1) Any notice, order or other document from the Directorate made under this Act may be signed by an officer authorized in that behalf by the Director. (2) Any notice, order or other document from the Coordinating Committee made and issued under this Act shall be signed by the Chairperson of the Coordinating Committee. Regulations (3) No notice, order or other document duly authenticated in accordance with this Act shall be invalid by reason only of a defect in the form thereof. Exemption from liability 87. The approval of any drawings, particulars or calculaions of any building or structure or work shall not in any way impose or imply acceptance of any responsibility on the part of the County for the stability of any such building structure or work. PART V- GENERAL PROVISIONS 88. (1) The executive member may make Regulations generally for the better carrying out of the objects of this Act. (2) Without prejudice to the generality of subsecion (1), the Regulations may prescribe 37 2020 Samburu County Spatial Planning No. 9 record all heritage declared or deemed to have been declared under the National Museums and Heritage Act or county law governing museums. False information 84. Any person who knowingly— (a) makes any false statement in or in connection with any application or appeal under this Act; or (b) gives any false information in connection with any application or appeal under this Act, commits an offence and shall be liable to a fine not exceeding twenty thousand shillings or to an imprisonment not exceeding six months or to both. Development audit 85. The Directorate shall conduct audit of all physical developments undertaken prior to the commencement of this Act to ascertain their compliance with the Act. Authentication and validity of notices and orders 86. (1) Any notice, order or other document from the Directorate made under this Act may be signed by an officer authorized in that behalf by the Director. (2) Any notice, order or other document from the Coordinating Committee made and issued under this Act shall be signed by the Chairperson of the Coordinating Committee. (3) No notice, order or other document duly authenticated in accordance with this Act shall be invalid by reason only of a defect in the form thereof. Exemption from liability 87. The approval of any drawings, particulars or calculations of any building or structure or work shall not in any way impose or imply acceptance of any responsibility on the part of the County for the stability of any such building structure or work. PART V—GENERAL PROVISIONS Regulations 88. (1) The executive member may make Regulations generally for the better carrying out of the objects of this Act. (2) Without prejudice to the generality of subsection (1), the Regulations may prescribe — No. 9 38 (a) the fees and charges payable under this Act: Samburu County Spatial Planning (b) the forms applicable under this Act; (c) the procedures for accessing records under this Act: Savings Cap. 286 (d) procedure for making applications to the coordinating committee, and 2020 (e) the conduct of business and affairs of the coordinating Committee. Transition 89. (1) AIl approvals lawfully and duly undertaken and registered under the Physical Planning Act prior to the commencement of this Act. shall be deemed to have been conducted under this Act. (2) Any matter or proceeding commenced under the Physical Planning Act and pending or in progress immediately before the commencement of this Act, may be continued, completed and enforced under this Act 90. (1) The owner, occupier or developer of land or building developed prior to this Act in contravention to the Physical Planning Act shall within six months comply with this Act. (2) A person who contravenes this section commits an offence and shall be liable to a fine of three hundred thousand shillings. (3) Subsection (2) shall be without prejudice to any other action being taken in accordance with this Act. 2020 Purpose 39 Samburu County Spatial Planning FIRST SCHEDULE (S. 16) LONG-TERM, SHORT-TERM, RENEWAL AND RE DEVELOPMENT PLANS A-LONG-TERM PLAN 1. The purpose of long-term plans include (a) interpreting regional or zonal physical development policies in terms appropriate to the local area; (b) articulating the aims of the county government for the area together with strategies, policies and general proposals which are intended to achieve those aims; Content of the Plans No. 9 (c) providing a framework for detailed policies and proposals for subsequent short-term plans for the area, (d) indicating action area for immediate development o redevelopment; (e) providing a coordinated basis upon which various implementing agencies can develop their individual programmes of work for which they have executive responsibility, for example, housing, transportation, water supply, electricity supply, sewerage developments, etc. (t) showing amount of land sufficient to accommodate growth of the county over a period of twenty to thirty years; and 9) outlining the transportation and communication networks to serve the area over a period of twenty to thirty years. 2. (1) Statement of problems and objectives which include (a) main problems of the local area for example, (6) housing, unemployment, traffic congestion, polluion, land tenure, lack of services, bad terrain (c) or soils, et., all based on a preliminary reconnaissance of the local area; (d) opportunities of the local area, for example, touism, fishing, manufacturing; and (e) main objectives of the plan to alleviate the local area problems and maximize utility of' any specitic opportunities. 38 No.9 Samburu County Spatial Planning 2020 (a) the fees and charges payable under this Act; (b) the forms applicable under this Act; ocedures for accessing records under this Act; (c) the pr (d) procedure for making applications to the coordinating committee; and (e) the conduct of business and affairs of the coordinating committee. Savings Cap. 286 89. (1) All approvals lawfully and duly undertaken and registered under the Physical Planning Act prior to the commencement of this Act, shall be deemed to have been conducted under this Act. (2) Any matter or proceeding commenced under the Physical Planning Act and pending or in progress immediately before the commencement of this Act, may be continued, completed and enforced under this Act Transition 90.(1) The owner, occupier or developer of land or building developed prior to this Act in contravention to the Physical Planning Act shall within six months comply with this Act. (2) A person who contravenes this section commits an offence and shall be liable to a fine of three hundred thousand shillings. G) Subsection (2) shall be without prejudice to any other action being taken in accordance with this Act. No. 9 38 (a) the fees and charges payable under this Act: Samburu County Spatial Planning (b) the forms applicable under this Act; (c) the procedures for accessing records under this Act: Savings Cap. 286 (d) procedure for making applications to the coordinating committee, and 2020 (e) the conduct of business and affairs of the coordinating Committee. Transition 89. (1) AIl approvals lawfully and duly undertaken and registered under the Physical Planning Act prior to the commencement of this Act. shall be deemed to have been conducted under this Act. (2) Any matter or proceeding commenced under the Physical Planning Act and pending or in progress immediately before the commencement of this Act, may be continued, completed and enforced under this Act 90. (1) The owner, occupier or developer of land or building developed prior to this Act in contravention to the Physical Planning Act shall within six months comply with this Act. (2) A person who contravenes this section commits an offence and shall be liable to a fine of three hundred thousand shillings. (3) Subsection (2) shall be without prejudice to any other action being taken in accordance with this Act. 2020 Purpose 39 Samburu County Spatial Planning FIRST SCHEDULE (S. 16) LONG-TERM, SHORT-TERM, RENEWAL AND RE DEVELOPMENT PLANS A-LONG-TERM PLAN 1. The purpose of long-term plans include (a) interpreting regional or zonal physical development policies in terms appropriate to the local area; (b) articulating the aims of the county government for the area together with strategies, policies and general proposals which are intended to achieve those aims; Content of the Plans No. 9 (c) providing a framework for detailed policies and proposals for subsequent short-term plans for the area, (d) indicating action area for immediate development o redevelopment; (e) providing a coordinated basis upon which various implementing agencies can develop their individual programmes of work for which they have executive responsibility, for example, housing, transportation, water supply, electricity supply, sewerage developments, etc. (t) showing amount of land sufficient to accommodate growth of the county over a period of twenty to thirty years; and 9) outlining the transportation and communication networks to serve the area over a period of twenty to thirty years. 2. (1) Statement of problems and objectives which include (a) main problems of the local area for example, (6) housing, unemployment, traffic congestion, polluion, land tenure, lack of services, bad terrain (c) or soils, et., all based on a preliminary reconnaissance of the local area; (d) opportunities of the local area, for example, touism, fishing, manufacturing; and (e) main objectives of the plan to alleviate the local area problems and maximize utility of' any specitic opportunities. 39 2020 Samburu County Spatial Planning No. 9 FIRST SCHEDULE (S. 16) LONG-TERM, SHORT-TERM, RENEWAL AND RE DEVELOPMENT PLANS A—LONG-TERM PLAN Purpose 1. The purpose of long-term plans include— (a) interpreting regional or zonal physical development policies in terms appropriate to the local area; (b) articulating the aims of the county government for the area together with strategies, policies and general proposals which are intended to achieve those aims; (c) providing a framework for detailed policies and proposals for subsequent short-term plans for the area; (d) indicating action area for immediate development or redevelopment; (e) providing a coordinated basis upon which various implementing agencies can develop their individual programmes of work for which they have executive responsibility, for example, housing, transportation, water supply, electricity supply, sewerage developments, etc.; (f) showing amount of land sufficient to accommodate growth of the county over a period of twenty to thirty years; and (g) outlining the transportation and communication networks to serve the area over a period of twenty to thirty years. Content of the Plans 2. (1) Statement of problems and objectives which include — (a) main problems of the local area for example, (b) housing, unemployment, traffic congestion, pollution, land tenure, lack of services, bad terrain (c) or soils, etc., all based on a preliminary reconnaissance of the local area; (d) opportunities of the local area, for example, tourism, fishing, manufacturing; and (e) main objectives of the plan to alleviate the local area problems and maximize utility of any specitic opportunities. No. 9 40 Samburu Counyy Spatial Planing (2) Physical analysis which include (a) general statements on the terrain, soils and climate together with illustrations using maps and charts to show what areas are physically suitable for development; (b) existing land uses and development potential pattern of development, land tenure system and cadastral outlay of all development. (3) Population and economic base which include 2020 (a) population growth migration, density, and distribution, age and sex structure, household sizes and rates of household formation: (b) employment and incomes including where people go to work and what trend and problems there are in relation to services; (c) agricultural potential of the urban region showing various agricultural activities and the process as well as problems of transforming the agricultural land into urban use; (d) peri-uban slum settlements and problems they pose; (e) potential, distribution and size of service centres within and outside the urban boundary together with evaluation of urban boundary extension; () evaluation of the importance of such factors as commerce and tourism within extended areas of the township administration; (g) housing occupancy rates, accommodation density, housing requirements, type of residential areas and industrial locations; other social aspects including education, recreation areas and other public purpose land uses (4) Communication and services which include (a) historical pattern and condition of communications networks such as roads, footpaths, cycle ways, railway lines, depots, water ways, and (b) historical patterns and conditions of water and sewerage networks including plan programmes. (5) Power and telephone lines which must be analyzed with respect to their wayleaves requirements. (6) Land use projection tables which include a master table showing the relationship of existing population and 1and uses to realistc projections. 2020 Samburu County Spatial Planning (7) Maps and development models which include (a) 41 (b) existing land use maps; (a) existing situation and sieve maps of the physical constraints or thresholds to development; (c) development model map showing land use designation and distribution alongside a clear transport and communication network. B-SHORT-TERM PLANS 3. (1) Short-term plans are of the following types No. 9 Action area plans, for comprehensive planning of areas selected for intensive development, which is to commence within a specified period; (b) Subject Plans, for detailed treatment of a particular planning aspect, for example, residential, transportation, water supply, sewerage, in part or all of a long-term plan; (c) Advisory or zoning plans, indicating permited subdivision, use and density of development; () Part developments plans, indicating precise sites for immediate implementation of specific projects including land alienation purposes. (2) 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. (3) However, the most important considerations in their preparation shall be (a) an assessment of immediate land requirement to accommodate specific population needs as they arise for a period of three to ive years; (b) 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 proposals for the,area, and land use allocations. (c) Identification of authorities to service and/or deeBo the various (4) Except for part development plans, other short-tem plans may be prepared by commissioned registered physical planners. In order to ensure that plans prepared by registered physical planners conform to long-term plans prepared by the Directorate, all such plans must have a seal of approval of the Directorate before their implementation. 40 No. 9 Samburu County Spatial Planning 2020 (2) Physical analysis which include— (a) general statements on the terrain, soils and climate together with illustrations using maps and charts to show what areas are physically suitable for development; (b) existing land uses and development potential pattem of development, land tenure system and cadastral outlay of all development. (3) Population and economic base which include — (a) population growth migration, density, and distribution, age and sex structure, household sizes and rates of household formation; (b) employment and incomes including where people go to work and what trend and problems there are in relation to services; (c) agricultural potential of the urban region showing various agricultural activities and the process as well as problems of transforming the agricultural land into urban use; (d) peri-urban slum settlements and problems they pose; (e) potential, distribution and size of service centres within and outside the urban boundary together with evaluation of urban boundary extension; (¢3) evaluation of the importance of such factors as commerce and tourism within extended areas of the township administration; (g) housing occupancy rates, accommodation density, housing Tequirements, type of residential areas and industrial locations; other social aspects including education, recreation areas and other public purpose land uses (4) Communication and services which include— (a) historical pattern and condition of communications networks such as roads, footpaths, cycle ways, railway lines, depots, water ways; and (b) historical patterns and conditions of water and sewerage networks including plan programmes. (5) Power and telephone lines which i fbi maslenied scans ich must be analyzed with respect (6) Land use projection tables which include a master table showing the relationshi isti 4 pie aioe of existing population and Jand uses to realistic No. 9 40 Samburu Counyy Spatial Planing (2) Physical analysis which include (a) general statements on the terrain, soils and climate together with illustrations using maps and charts to show what areas are physically suitable for development; (b) existing land uses and development potential pattern of development, land tenure system and cadastral outlay of all development. (3) Population and economic base which include 2020 (a) population growth migration, density, and distribution, age and sex structure, household sizes and rates of household formation: (b) employment and incomes including where people go to work and what trend and problems there are in relation to services; (c) agricultural potential of the urban region showing various agricultural activities and the process as well as problems of transforming the agricultural land into urban use; (d) peri-uban slum settlements and problems they pose; (e) potential, distribution and size of service centres within and outside the urban boundary together with evaluation of urban boundary extension; () evaluation of the importance of such factors as commerce and tourism within extended areas of the township administration; (g) housing occupancy rates, accommodation density, housing requirements, type of residential areas and industrial locations; other social aspects including education, recreation areas and other public purpose land uses (4) Communication and services which include (a) historical pattern and condition of communications networks such as roads, footpaths, cycle ways, railway lines, depots, water ways, and (b) historical patterns and conditions of water and sewerage networks including plan programmes. (5) Power and telephone lines which must be analyzed with respect to their wayleaves requirements. (6) Land use projection tables which include a master table showing the relationship of existing population and 1and uses to realistc projections. 2020 Samburu County Spatial Planning (7) Maps and development models which include (a) 41 (b) existing land use maps; (a) existing situation and sieve maps of the physical constraints or thresholds to development; (c) development model map showing land use designation and distribution alongside a clear transport and communication network. B-SHORT-TERM PLANS 3. (1) Short-term plans are of the following types No. 9 Action area plans, for comprehensive planning of areas selected for intensive development, which is to commence within a specified period; (b) Subject Plans, for detailed treatment of a particular planning aspect, for example, residential, transportation, water supply, sewerage, in part or all of a long-term plan; (c) Advisory or zoning plans, indicating permited subdivision, use and density of development; () Part developments plans, indicating precise sites for immediate implementation of specific projects including land alienation purposes. (2) 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. (3) However, the most important considerations in their preparation shall be (a) an assessment of immediate land requirement to accommodate specific population needs as they arise for a period of three to ive years; (b) 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 proposals for the,area, and land use allocations. (c) Identification of authorities to service and/or deeBo the various (4) Except for part development plans, other short-tem plans may be prepared by commissioned registered physical planners. In order to ensure that plans prepared by registered physical planners conform to long-term plans prepared by the Directorate, all such plans must have a seal of approval of the Directorate before their implementation. 4) 2020 Samburu County Spatial Planning No.9 (7) Maps and development models which include— (a) existing situation and sieve maps of the physical constraints or thresholds to development; (b) existing land use maps; (c) development model map showing land use designation and distribution alongside a clear transport and communication network. B—SHORT-TERM PLANS 3. (1) Short-term plans are of the following types— (a) Action area plans, for comprehensive planning of areas selected for intensive development, which is to commence within a specified period; (b) Subject Plans, for detailed treatment of a particular planning aspect, for example, residential, transportation, water supply, sewerage, in part or all of a long-term plan; (c) Advisory or zoning plans, indicating permitted subdivision, use and density of development; (d) Part developments plans, indicating precise sites for immediate implementation of specific projects including land alienation purposes. (2) 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. (3) However, the most important considerations in their preparation shall be— (a) an assessment of immediate land requirement to accommodate specific population needs as they arise for a period of three to five years; (b) 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 proposals for thearea; and f (c) Identification of authorities to service and/or develo. ‘he various land use allocations. (4) Except for part development plans, other short-term plans may be prepared by commissioned registered physical planners. In order to ensure that plans prepared by registered physical planners conform to long-term plans prepared by the Directorate, all such plans must have a seal of approval of the Directorate before their implementation. No. 9 4. Samburu County Spatial Planning C-RENEWAL OR REDEVELOPMENT PLANS (1) The purpose of renewal or redevelopment plans include (a) providing a broad land use framework illustrating a coordinated 42 b) policy of renewal and guiding both public and private redevelopment activities; (c) providing a road pattem and traffic networks designed to improve vehicular access and parking space and also facilitate segregation of vehicles and pedestrians; 2020 (d) providing a basis for determining development applications on extensions of leases, extension of users and change of users. (a) Land use pattern analysis: (2) The form and content of renewal plans include a set of written statements and land use maps whose details are outlined below Content of Renewal Plans The analysis must deal with policy statements and land use proposals to facilitate ) conservation of areas whose historic, architectural, or commercial values are relatively high; (i) imprOvement of general up-grading of areas whose existing conditions are desirable, and (b) Traffic systems: (Gi) comprehensive cumulative redevelopment of areas whose conditions are undesirable. This analysis should comprise policy statement and land use proposals for ) safe pedestrian movement; (ü) easy access to buildings () effijent circulation of traffic with business; (iv)convenient and an le public car parks; and (v) efficient road links, among other things. 2020 43 Samburu County Spatial Planning SECOND SCHEDULE No. 9 (s.17) MATTERS WHICH MAY BE DEALT WITHIN SPATIAL PLAN 1. The spatial plan, shall have for its general purpose orderly, coordinated, harmonious and progressive development of the area to which it relates in order to promote health, safety, order, amenity, convenience and general welfare of all its inhabitants, as well as efficiency and economy in the process of development and improvement of communications. 2. Classification of the plan area for residential, commercial, industrial and other purposes, including the provision of special areas for factories, or industries generally, or for shops, warehouses, stores, stables and other buildings used for commercial and industrial purposes and fixing the sites for buildings required for any of the purposes mentioned in section 1 and for open spaces, public and private, and prohibiting the carrying on of any trade or manufacture, or the erection of any building, in a particular part of the area otherwise than in accordance with the provisions of the plan. 3. The basis for disposing of land acquired, or to be acquired under the plan by the county or relevant authority. 4. The re-planning and reconstruction of the plan area, or any part thereof, including any provisions necessary for (a) the pooling of the lands of several owners, (or any lands, roads, streets, or rights-of-way adjacent or near thereto): and apportionment of planning fees, and other expenses of preparing the plan among the owners concerned; (b) the re-division of such land among such owners; (c) providing for or making new roads, streets, or right-of-way; (c) adjusting and altering the boundaries, areas, shapes, and positions of any such land, road, street, or right-of-way: (d) effecting such exchanges of land or cancellation of existing subdivision as may be necessary or convenient for the purposes mentioned above in this section; (e) adjustment of rights between owners or other persons interested in such lands, roads, streets, or right-of-way; () the vesting of such lands, roads, streets, or right- of-way, subject to any rights or trust, and any other provisions necessary for giving effect to the purpose mentioned above in this paragraph. 42 Samburu County Spatial Planning 2020 C—RENEWAL OR REDEVELOPMENT PLANS 4, (1) The purpose of renewal or redevelopment plans include— providing a broad Jand use framework illustrating a coordinated (b) policy of renewal and guiding both public and private redevelopment activities; ‘oviding a road pattern and traffic networks designed to Y eeprave vehicular access and parking space and also facilitate segregation of vehicles and pedestrians; (d) providing a basis for determining development applications on extensions of leases, extension of users and change of users. (2) The form and content of renewal plans include a set of written statements and land use maps whose details are outlined below— Content of Renewal Plans (a) Land use pattern analysis: The analysis must deal with policy statements and land use proposals to facilitate— @) conservation of areas whose historic, architectural, or commercial values are relatively high; (i) improvement of general up-grading of areas whose existing conditions are desirable; and (ii) comprehensive cumulative redevelopment of areas whose conditions are undesirable. (b) Traffic systems: ra analysis should comprise policy statement and land use proposals ‘or— (i) safe pedestrian movement; (i) easy access to buildings; (ii) oT circulation of traffic with business; (iv)convenient and ta public car parks; and (v) efficient road links, among other No. 9 4. Samburu County Spatial Planning C-RENEWAL OR REDEVELOPMENT PLANS (1) The purpose of renewal or redevelopment plans include (a) providing a broad land use framework illustrating a coordinated 42 b) policy of renewal and guiding both public and private redevelopment activities; (c) providing a road pattem and traffic networks designed to improve vehicular access and parking space and also facilitate segregation of vehicles and pedestrians; 2020 (d) providing a basis for determining development applications on extensions of leases, extension of users and change of users. (a) Land use pattern analysis: (2) The form and content of renewal plans include a set of written statements and land use maps whose details are outlined below Content of Renewal Plans The analysis must deal with policy statements and land use proposals to facilitate ) conservation of areas whose historic, architectural, or commercial values are relatively high; (i) imprOvement of general up-grading of areas whose existing conditions are desirable, and (b) Traffic systems: (Gi) comprehensive cumulative redevelopment of areas whose conditions are undesirable. This analysis should comprise policy statement and land use proposals for ) safe pedestrian movement; (ü) easy access to buildings () effijent circulation of traffic with business; (iv)convenient and an le public car parks; and (v) efficient road links, among other things. 2020 43 Samburu County Spatial Planning SECOND SCHEDULE No. 9 (s.17) MATTERS WHICH MAY BE DEALT WITHIN SPATIAL PLAN 1. The spatial plan, shall have for its general purpose orderly, coordinated, harmonious and progressive development of the area to which it relates in order to promote health, safety, order, amenity, convenience and general welfare of all its inhabitants, as well as efficiency and economy in the process of development and improvement of communications. 2. Classification of the plan area for residential, commercial, industrial and other purposes, including the provision of special areas for factories, or industries generally, or for shops, warehouses, stores, stables and other buildings used for commercial and industrial purposes and fixing the sites for buildings required for any of the purposes mentioned in section 1 and for open spaces, public and private, and prohibiting the carrying on of any trade or manufacture, or the erection of any building, in a particular part of the area otherwise than in accordance with the provisions of the plan. 3. The basis for disposing of land acquired, or to be acquired under the plan by the county or relevant authority. 4. The re-planning and reconstruction of the plan area, or any part thereof, including any provisions necessary for (a) the pooling of the lands of several owners, (or any lands, roads, streets, or rights-of-way adjacent or near thereto): and apportionment of planning fees, and other expenses of preparing the plan among the owners concerned; (b) the re-division of such land among such owners; (c) providing for or making new roads, streets, or right-of-way; (c) adjusting and altering the boundaries, areas, shapes, and positions of any such land, road, street, or right-of-way: (d) effecting such exchanges of land or cancellation of existing subdivision as may be necessary or convenient for the purposes mentioned above in this section; (e) adjustment of rights between owners or other persons interested in such lands, roads, streets, or right-of-way; () the vesting of such lands, roads, streets, or right- of-way, subject to any rights or trust, and any other provisions necessary for giving effect to the purpose mentioned above in this paragraph. 43 2020 Samburu County Spatial Planning No. 9 SECOND SCHEDULE (s.17) MATTERS WHICH MAY BE DEALT WITHIN SPATIAL PLAN 1. The spatial plan, shall have for its general purpose orderly, coordinated, harmonious and progressive development of the area to which it relates in order to promote health, safety, order, amenity, convenience and general welfare of all its inhabitants, as well as efficiency and economy in the process of development and improvement of communications. 2. Classification of the plan area for residential, commercial, industrial and other purposes, including the provision of special areas for factories, or industries generally, or for shops, warehouses, stores, stables and other buildings used for commercial and industrial purposes and fixing the sites for buildings required for any of the purposes mentioned in section 1 and for open spaces, public and private, and prohibiting the carrying on of any trade or manufacture, or the erection of any building, in a particular part of the area otherwise than in accordance with the provisions of the plan. 3. The basis for disposing of land acquired, or to be acquired under the plan by the county or relevant authority. 4. The re-planning and reconstruction of the plan area, or any part thereof, including any provisions necessary for— (a) the pooling of the lands of several owners, (or any lands, roads, Streets, or rights-of-way adjacent or near thereto); and apportionment of planning fees, and other expenses of preparing the plan among the owners concemed; (b) the re-division of such land among such owners; (c) providing for or making new roads, streets, or right-of-way; (c) adjusting and altering the boundaries, areas, shapes, and positions of any such land, road, street, or right-of-way; (d) effecting such exchanges of land or cancellation of existing subdivision as may be necessary or convenient for the purposes mentioned above in this section; (e) adjustment of rights between owners or other persons interested in such lands, roads, streets, or right-of-way; (f) the vesting of such lands, roads, streets, or right- of-way, subject to any rights or trust, and any other provisions necessary for giving effect to the purpose mentioned above in this paragraph. No. 9 44 Samburu County Spatial Planning 5. Determining type and density of development generally or in any particular locality. 6. Conservation of the natural beauty of the area, including any inland waters, banks of rivers, foreshore of harbours, and other parts of the sea, hill slopes and summits and valleys. 9. 7. The preservation and enhancement of historic buildings and objects of architectural, archaeological, historical or scientific interest. 2020 8. Probable routes for railways and canals, probable sites for bridges, docks, harbours, piers, quarries, power lines, telecommunication: water drainage and sewerage, or any other work or undertaking of public utility. Works ancillary to or consequent on the plan. 10. The closure or variati on of any right-of-way or easement, public or private or of any restrictive covenants affecting land. 11. Power of entry and inspection. 12. Basis for the county to acquire land or buildings or make any agreement or proposal in respect thereto. 13. Basis for the county to declare any land referred to in the plan as land reserved for streets to be public streets. 14. Basis for the county to execute street works on land referred to in the plan as land reserved for streets and incidental works upon adjacent land. 15. Power of the county and subject to such of the provisions of the Public Roads and Roads of Access Act (Cap. 399), and the Street Adoption Act (Cap. 406) as are applicable to land reserved for streets by the plan, be reserved for streets. 16. Basis for the Directorate to fix the building lines not shown on the map illustrating the plan. 17. Power of the Directorate to permit buildings in advance of building lines fixed by the plan. 18. Basis for the Directorate to fix improvement lines for existing streets and building. 19. The area to which the plan is to apply. 20. The recovery of expenses incurred in giving effect to the plan, and the time and manner of payment of such expenses. 21. The carrying out and completion of the plan generally, and 45 2020 Darticularly the time and manner in which, and the person and authorities by whom or by which the plan, or any part thereof, shall be carried out and completed and its observance ensured. Samburu County Spatial Planning plan. No. 9 22. Limitation of time for the operation of the plan, or of any parts of the plan, for the renovation of any works which are to be executed as part of the plan. 23. Where any group of plots or holdings of land are compulsorily pooled and redistributed or where the boundaries, areas, shapes or positions of any plots or buildings or land are compulsorily readjusted by a plan approved under this Act the provisions of the Land Registration Act, 2012 shall take effect. 24. Any matter necessary or incidental to local physical development 44 No. 9 Samburu County Spatial Planning 2020 § 5, Determining type and density of development generally or in any particular locality. 6. Conservation of the natural beauty of the area, including any inland waters. banks of rivers, foreshore of harbours, and other parts of the sea, hill slopes and summits and valleys. 7. The preservation and enhancement of historic buildings and objects of architectural, archaeological, historical or scientific interest. $. Probable routes for railways and canals, probable sites for bridges, docks, harbours, piers, quarries, power lines, telecommunication; water drainage and sewerage; or any other work or undertaking of public utility. 9. Works ancillary to or consequent on the plan. 10. The closure or variation of any right-of-way or easement, public or private or of any restrictive covenants affecting land. 11. Power of entry and inspection. 12. Basis for the county to acquire land or buildings or make any agreement or proposal in respect thereto. 13. Basis for the county to declare any land referred to in the plan as land reserved for streets to be public streets. 14. Basis for the county to execute street works on land referred to “ab ae plan as land reserved for streets and incidental works upon adjacent 45. Power of the county and subject to such of the provisions of the Public Roads and Roads of Access Act (Cap. 399), and the Street Adoption Act (Cap. 406) as are applicable to land reserved for streets by the plan, be reserved for streets. 16. Basis for the Directorate to fix the building lines not shown on the map illustrating the plan. 17. Power of the Directorate to H ildi i f buildingtenes xed $5 the plan. permit buildings in advance o! 18. Basis for the Directorate to fix i i isti meccamieaen 1X improvement lines for existing 19. The area to which the plan is to apply. 20. The recovery of ex i i ; penses incurred in giving effect to the plan, and the time and manner of payment of such a? ‘ 21. T i ; he canying out and completion of the plan generally, and — No. 9 44 Samburu County Spatial Planning 5. Determining type and density of development generally or in any particular locality. 6. Conservation of the natural beauty of the area, including any inland waters, banks of rivers, foreshore of harbours, and other parts of the sea, hill slopes and summits and valleys. 9. 7. The preservation and enhancement of historic buildings and objects of architectural, archaeological, historical or scientific interest. 2020 8. Probable routes for railways and canals, probable sites for bridges, docks, harbours, piers, quarries, power lines, telecommunication: water drainage and sewerage, or any other work or undertaking of public utility. Works ancillary to or consequent on the plan. 10. The closure or variati on of any right-of-way or easement, public or private or of any restrictive covenants affecting land. 11. Power of entry and inspection. 12. Basis for the county to acquire land or buildings or make any agreement or proposal in respect thereto. 13. Basis for the county to declare any land referred to in the plan as land reserved for streets to be public streets. 14. Basis for the county to execute street works on land referred to in the plan as land reserved for streets and incidental works upon adjacent land. 15. Power of the county and subject to such of the provisions of the Public Roads and Roads of Access Act (Cap. 399), and the Street Adoption Act (Cap. 406) as are applicable to land reserved for streets by the plan, be reserved for streets. 16. Basis for the Directorate to fix the building lines not shown on the map illustrating the plan. 17. Power of the Directorate to permit buildings in advance of building lines fixed by the plan. 18. Basis for the Directorate to fix improvement lines for existing streets and building. 19. The area to which the plan is to apply. 20. The recovery of expenses incurred in giving effect to the plan, and the time and manner of payment of such expenses. 21. The carrying out and completion of the plan generally, and 45 2020 Darticularly the time and manner in which, and the person and authorities by whom or by which the plan, or any part thereof, shall be carried out and completed and its observance ensured. Samburu County Spatial Planning plan. No. 9 22. Limitation of time for the operation of the plan, or of any parts of the plan, for the renovation of any works which are to be executed as part of the plan. 23. Where any group of plots or holdings of land are compulsorily pooled and redistributed or where the boundaries, areas, shapes or positions of any plots or buildings or land are compulsorily readjusted by a plan approved under this Act the provisions of the Land Registration Act, 2012 shall take effect. 24. Any matter necessary or incidental to local physical development 45 2020 Samburu County Spatial Planning No. 9 particularly the time and manner in which, and the person and authorities by whom or by which the plan, or any part thereof, shall be carried out and completed and its observance ensured. 22. Limitation of time for the operation of the plan, or of any parts of the plan, for the renovation of any works which are to be executed as part of the plan. 23. Where any group of plots or holdings of land are compulsorily pooled and redistributed or where the boundaries, areas, shapes or positions of any plots or buildings or land are compulsorily readjusted by a plan approved under this Act the provisions of the Land Registration Act, 2012 shall take effect. 24. Any matter necessary or incidental to local physical development plan.