Nyamira County Physical Planning Act, no. 6 of 2014

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(45!1{9.9L I-ltlR t,i\l' " REPUBLIC OF KENYA NYAfrIIIRA CO U NTY G AZETTE SIIPPLEMENT ACTS, 2014 NAIROBI,8th MaY,2015 \ CONTENT LfE,?S Irllren' t{etnoet i I I 2014 THE NYAMIRA 193 Nyamira CountY PhYsical Planning COUNTY PHYSICAL PLANNING No.6 LCT,,2014 I I Clauses No.6 of 2014 Date of Assent: 20th March' 2015 Date of Commencement: 3rd April' 2015 ARRANGEMENT OF SECTIONS PART I-PRELIMINARY I -Short title. 2 - InterPretation . 3-Objects of the Act. 4- Spatial Planning sYstem' PART II-DEVELOPMENT PRINCIPLES AND STANDARDS 5 -Application of development principles' 6-Development PrinciPles' 7 -Prescribed standards' PART III INTER.GOVERNMENTAL SUPPORT 8-National monetary and technical support' 9-CountY suPPort and monitoring' PART IV-ADMINISTRATION AI\D COORDINATION 1 0 - Government responsibilitY' 11-Obligation to Plan' 12-Establishment of the Directorate of Physical Planning' 13-Qualification of the Director of Physical Planning' 14-Functions of the Director' 15 -Removal of the Director' 16-Indemnity of Director and Officers' l7-EstablishmentandcompositionofCountyPhysicalPlanningCouncil. 18-Functions of the County Physical Planning Council' l9-Establishment and composition of Development Approval Committees' 20-Decisions of the Committee' 194 Nyamira County physical planning 21-Meetings of the Committee. 22 - Sub-county development approval sub committees. 23 -Membership of a development approval sub committee. 24-Referral of apprications to the county development approvals committee by a sub committee. 25-Appeals to County Development Approval Committee. 26-Establishment of a county planning Compliance and EnforcementDivision. 27 -Qualifications of Head of Compriance and Enforcemenr. 28-Functions of the planning compriance and Enforcement Division. 29-Powers of the planning Compliance and Enforcement Division. PART V-SPATIAL DEVELOPMENT PLANS 30-County Spatial Development plan. 31 -Purpose and objects of the county Spatial Deveropment pran. 32-Preparation and Approval of the county Spatial Development plan. 33-Contents of the Survey Report. 34-Undertaking new Survey. 35-Consultations in relation to Survey 36-Contents of Development plan and 37 -Factors to consider. 38-Publication of the draft county Spatial Development plan. 39-Adoption and Approval of the County spatial Development plan. 40-coming inro effect of the county Spatial Deveropment plan. 41-Review of the County Spatial Development plan. B-LOCAL PHYSICAL DEVELOPMENT PLANS 42-Preparation of local physical development plans. 43-Initiation of a local physical development plan. 44-Contents of a local physical development plan. 45-Objections to a local physical development plan. 46-Approval of local physical development plan. 47-Publication of approved local physical development plans. No.6 2014 Report. Survey Report. No.6 2014 195 Nyamira CountY PhYsical Planning C SPECIAL AREA PLAN 48-special area Plans' D-DETAILED PLANS AND AREA BILLION PLAN 49-Detailed plans and area billion plans' PART VI-DEVELOPMENT CONTORL 50 -Meaning of develoPment' 51-Countyplanningauthoritiestoundertakedevelopmentcontrol. 52-Power to undertake development control' 53 - ApProval of develoPment' 54 - Prohibition of development without development permission' 55-Prohibitionofgrantoflicencefordevelopmentofacommerctalor industrial nature. 56-DutY to consult. 57 - Application for development permission' 58-Plan to be prepared by a qualified person' 59 DevelopmentapplicationstobemadetotheSecretarytoCounty DeveloPment APProval Committee' 60 - Determination of development application within 6 1 -Consideration of development applications' 62 -Lapse of development permission' 63 - Offences relating to unauthorized development' PART VII- GENERAL PROYISIONS 64-Application of Legal Notice No' 135' 65-Notice of review of development permission' 66-Public participation in development control' 67 -Monitoring and evaluation of development control' 68 -DeveloPment charge' 69 -Frameworks for plan implementation' 70 - Principles of participation through plan implementation' 71-Inconsistency between building by-laws and approved development plan. 72-Regulations. 73-schedules. 30 days. No.6 196 Nyamira Coune Physical planning 2014 THE NYAMIRA COUNTY PHYSICAL PLANNING ACT, 2015 AN ACT of parriament to provide a framework for spatialplanning; to specify the rerationship u"rto"u" the spatiarplanning and the rand use management system and otherkinds of p-ranning; to proviie for the inclusivfdevelopmentar,equitable and e-fficient spatiar planning "i th.,different spheres-- of governmentl t, provide for themonitoring, coordination and review of the'spatiar pianninl system; to provide a framework for policies, princiiter, unEstandards for spatiar develop ment- pranning; to promotegreater consis-tency and uniformit! in the appricationprocedures and decision-making by authorities res'po;;ib;for spatiar pranning and a"ielopme"i--uppri"ationsl toprovide for the estabrishment, funitions ani operations ofspatial planning agenciesl to provide for the iacilitation andenforcement of land use and ievelop "rri "ur,r."r; and forconnected purposes ENACTED by the County Assembly of Nyamira as follows PART I-PRELIMINARY Short title 1. This Act may be cited as the Nyamira County physicar planning Act,20l4. Interpretation. 2. (1) In this Act, unress the context otherwise requires "Board" refers to the County public Service Board "council" means the county physicar planning council establishedin accordance with Section I I of tlhis Act; "county Executive Committee" county Executive committee asestablished under the County Government Act, 2Ol2; "county Executive committee member,, unress specified willrefer to the county Executive Member in charge or pt yri""r planning; "County Land Management Board" refers to the Nyamira countyLand Managenrent as established under the land co-.irrion Act; "County planning Authority" refers to the Ministry in charge ofPhysical planning; "Developmenr,' yjll .- ?". interpreted according to the meaningascribed under Section 5l ol- this Act; 197 Nyamira CountY PhYsical Planning No.6 2tl4 "DevelopmentControl"meanstheprocessofmanagmgor ,"gutution a"n"top-"nt on, in' above or over land; "Development Approval ^Committee" means a committee as established und"t section 19(1) of this Act; "Director" means County Director of Physical Planning; ..IJnauthorisedDevelopment''means:developmentthatcontravenes development plun,' ;Jffi;ni without development permission or contrary to development permiss,ton' development 'where planning permission t,u. u"en"'Jirupp-*0, deviopment that is,inconsistent with the approveO atteratitns oi amendments, dlvelopment whose development permiision Period has laPsed; "secretary" means the Secretary to the County Development Approval Committee' Objects of the Act 3. The objects of this Act are to (a) provide a uniform, effective and comprehensive system of \-/ ipatial planning and land use management; (b) ensure that the system .of spatial planning and land use management promotes soctal and economic inclusion; (c) provide for development principles and standards; (d) provide for the sustainable and efficient use of land; (e)provideforasystematicdevelopmentapplicationandapproval process (0 provide for cooperative government and relations urnong'i the national' county and government; and (s) ensure that there is equitY in\D' development planning and land use intergovernmental other sPheres of the aPPlication of spatial management systems' Spatial Planning SYstem 4. The spatial planning system consists of (a) spatial development plans and policies to be prepared and adoPted bY the countY government; (b)developmentprinciplesandstandardsthatshallguidespatial planning, landuse management and land development; (c)themanagementandfacilitationoflandusethroughtheuseof spatial af,ftitation of development principles; No.6 (d) Nyamira rorri,'ior*or ptanning zor4 procedures anC processe.s fol the preparation, submission andconsideration of land develop."it-ipplications and relatedprocesses; and (e) implementation, monitoring and evaruation of spatial plans. PART II DEVELOPMENT PRINCIPLES AND STANDARDS Application of Development principles 5' The general principles set o.ut in this part sha, apply to theBillions of aI organs of staie, anJ other auttro.itles-rlsponsible for the lffii'ffJ:ation oi r"gtuluti;-;";;;rs runa or" uni-a"r.rop*enr, anJ (a) preparation, adoption and implementation of any SpatialDevelopmelr .Rq""ryork, policy o. uy-[*""on"".ning spatialplanning and the development or use of land; (b) comp,ation, imprementation and administration of any LandUse Scheme or other regulatory ilil;i; for ro themanagement or control of the use of land; (c) use and development of land; (d) consideration by. a competent authority of any application thatimpacts or may impact upon the ,r" uro o"rJlopment of land; (e) performance of any function in terms of this Act or any otherlaw regulating spatiar planning and Land ur" Munug"menr. Development principles 6' The fo'owing principies appry to spatial planning, land usemanagement and land development ^' (a) spatial sustainability, in order to: (i) prornol:^.11 1d development that is within the county,sfiscal, institutional and adminirt*ti"" ;ffi; (ii) ensure protection of agriculturar rand, the environment andorher protected lands uno tt . ror" utiirrutioi^lr turo; (iii) promote and stimurate the efTective and equitabrefunctioning of land markets; and (iv) promote land development in locations that are sustainableand limit urban sprawl. 199 Nyamira Counry PhYsical Planning No.6 2014 (b) Public participation that ensures transparent decision-making in which citizens (i)areeducatedandmadeawareofthereasoningbehind decisions; (ii)haveaccesstoinformationaboutdevelopmentproposals, plansandpolicies,aswellastotheofficersandcommittees which make such decisions; (iii) are involved in decision making; (iv)provideinformationtofacilitateSpatialPlanning. (c) EfficiencY wherebY; (i)landdevelopmentoptimizestheuseofexistingresources and infrastructure; (ii) decision-making procedures are designed with a view to minimizing nJguti'" financial, social' economic or environmental imPacts; and (iii) development application procedures are efficient and streamiined andiime frames are adhered to by all parties. (d) Sparial resilience whereby flexibility in spatial .Plans, policies and land use management systems is accommodated to ensure sustainable liveliho6ds in communities most likely to suffer the impacts of economic and environmental shocks; (e) Good administration wherebY all spheres of government ensure an integrated approachto iunO'ut" and land development that is guided by the Constitution, this Act and any other written law; the preparation and amendment of spatial plans' policies' land usi schemes as well as procedures for development applications, include transparent processes of citizen participation; and (i) (ii) (iii)policies,legislationandproceduresareclearlysetoutand citizens informed. (0Integrationwherebyspatialplanningfacilitatespolicy.coherence\-/ and" integration through ipatial plans fostering integration between levels of goveirment and help to create complementary and mutually reinf6rcing policies and billions; and No.6 200 Nyamira County Physical planning 2014 disabilities and other (g) recognition of the needs of people with marginalized groups. ) Prescribed Standards 7. (1) The county Executive Committee Member shail inconsultation with relevant stakeholders, prescribe standards for land usemanagement and land development. (2) The standards must (a) reflect the county and national government development policy,policy priorities- qq progrimmes relating to land use management and land development; (b) promote social inclusion, spatial equity, desirable settlement patterns, rural revitarization, urban regen-eration, and sustainabre development; (c) include: (i) a report on and an analysis of existing land use patterns; (ii) a framework for desired land use patterns; (iii) existing and futule land use plans, programmes and projects relative to key sectors of t^he ""orb-i; o, (iv) mechanisms for identifying strategically located vacant or underutilized land and for providing access to and the use of such land; standardize the compilation of all maps and diagrams at an appropriate scale; differentiate between geographic areas, types of rand use and development needs; (0 provide for the effective monitoring and evaruation of compliance with this Act. (3) The County Executive committee Member may in consultationwith or..1 qhe request of the Governor or another clunty Executiveresponsible for a related land use or land development r.r*tion prescribe standards to guide the related sectoral land use oriand development. (d) (e) 201 Nyamira CountY PhYsical Planning INTER.GOVERNMENTAL SUPPORT National Monetary and Technical Support 8. (1) The Cabinet Secretary shall (a) provide support and assistance to the County government' townsandurbancentresrntheperformanceoftheirSpatial Planning, land use *unug"*"nt functions and related obligations; (b) monitor: (i) compliance with t!'t development principles and compulsory nonns and standards; and (ii) progress made by pfalling authorities with the adoption or amendment of SPatial Plans' No.6 2014 PART III (2) The monetary and authorities to system. county (a) (b) in the Performance of these County Executive Committee' Cabinet Secretary shall develop mechanisms to provide technical support to strengthen^ the- capacity of planning ;il and implement an effective land use management (3) The Cabinet SecretarY shall function. in this section consult with the County SuPPort and Monitoring not specifically provided in this Act' (2) The Governor may, subject law regulating county supervision of g. (1) County legislation may provide for matters of countY interest assist a citY or municiPalitY revision of its sPatial Plans; facilitate the co-ordination management; to the Constitution and anY other towns and urban centres in the with the PreParation, adoPtion or and alignment of the land use (i) systems of different cities and municipalities; (ii) system of a city, town and municipality with the structure plans, development ^strategies and ptogtutn*"s of national ind countY organs of the state' (3) The Governor may, by notice in the Kenya Gazette or County Gazette, identify -u-i*, oi county interest in respect of which county illt;i;;, iiu*"*otks, and standards must apply' (4)TheCountygovernment.shalldevelopmechanismstosupport and strengthen the'Juiu"rtv of cities, towns and municipalities to adopt No.6 202 Nyamira County Physical planning I I 2014 and implement an effective system of land use management in accordancewith this Act. PART IV - ADMINISTRATION AND COORDINATION OF PLANNING Government Responsibitity , 1^0. (1) Spatial planning is a shared responsibility between Nationaland county Governments and the functi,ons shali be exercised inaccordance with the Constitution. (2) The National Government is responsible for broad principles ofland-use planning and coordination of planning by Courti.r. Obligation to PIan 11. The county Government shall have an obligation to plan for allits citizens for purposes of; (a) spatial order; (b) public safery and security; (c) providing a clean and healthy environment; (d) provision of basic infrastructure including; roads of access, water, sewer, electricity, gas and solid waste disposal; (e) provision of social amenities including recreation parks and open space; (f) disaster preparedness and management; (e) county special development projects. Establishment of the Directorate of physical planning 12. (l) There shail be a Directorate of physical planning to beheaded by a Director. (2) The Director together with the appointed by the County public Service necessary for purposes of this Act. Qualifications for the Director 13. (l) A person is qualified of Physical Planning if the person: (a) has a graduate degree in field; staff, shall be public officers Board, as may be deemed for appointment as a County Director Urban Planning or any other relevant (b) has served for at least of five years working in the relevantfield: 2014 203 NYamira CountY PhYsical Planning (c) is a registered Physical Planner by the Registration Board; and No.6 Physical Planning (d) meets the requirements of chapter six of the constitution' Functions for the Director |4.(1)TheDirectorshallbetheChiefGovernmentadviseronall matters relating t" ilr;i;"i planning.and shall be the Secretary to the County Development Approval Committee' (2) The principal office of the Director shall be at Nyamira town but there may ue estauilil;;;,hi offices at Sub-county and town level as the Director may from time to time determine' (3) (1) The Director shall (a) Prepare a 10 year County Spatial Development Plan; (b) formulate county physical. development strategies' policies' guidelines and land use regulations; (c) be responsible for the preparation of; (i) physical development plans for local and urban centres; (ii) county sPecial area Plans; (iii) urban integrated Plans; (iv) plans for slum and informal settlement upgrading; (v) rural land use plans and village settlement plans' (d) formulate land use standards' zoning schemes and ordinances for all urban settlements in the county; (e)advisetheNationalLandCommissionthroughtheCountyLand t tunug.il"nt no*o on land reservation, alienation & acquisition for countY sPecific Projects; (0 undertake control of development and. ensure compliance to development to approved development plans; (g) in partnership with other County development agencies ensure imptemeniution of all approved physical development plans; (h)fromtimetotimeinitiate,undertake,undertakeordirectstudies and research on matters concerning physical planning; No.6 2o4 Nyamira County physical planning (i) prepare annual reports to the Governor and the Assembly on the state of County physical planning; 2014 County 0) be responsible for authorizing the approval of all development applications; (k) responsible for implementarion of physical planning standards. (4) The Director may delegate in writing any of his functions under this act, either-generally or specially-to any officer appointed under section r3(l) and may at anytime rlvoke or viry such delegation: provided that no such helegation shall be dlemed to have divested the Director of all or anf of his/her functions, and he/she may, if he/she thinks fit, perfoim such functions not withstanding that heishe had del^egated those functions. Removal of Director 15. (1) The Director may be removed from office by the Board, inaccordance with the terms and conditions of service, for ' (a) inability to perform the functions physical or mental incapacity; (b) gross misconduct or misbehaviour; (c) incompetence or negligence of duty; (d) Bankruptcy;or of the office arising out of (e) any other ground that would justify removal from office under the terms and conditions of seivice. (2) Before the Director is removed under subsection (l), he or shemust be given an opportunity to defend himself or trer.eti againsr anlallegations. Indemnity of the Director and Officers 16. The Director or any other officer appointed under section 13(r)shall not be personally liable for any Billion fi "tt ". pr".eeoing for or inrespect 9l ury Act done or omitted to be done withorir r.!tg"i.. and ingood faith in the exercise.or purported exercise "i ;;y ;.f the functionsconferred by or under this Act. 205 2014 Nyamira Counry Physical Planning No' 6 Establishment and composition of the county physical Planning Council |7.(1)TheshallbeestablishedaCountyPhysicalPlanningCouncil consisting of: (a)theExecutiveCommitteeMemberinchargeofphysical\--/ planning who shall be the Chairperson; (b) the Chief Officer In Charge of Physical Planning; (d)ChiefofficerlnChargeofAgriculture,LivestockandFisheries; (e)ChiefofficerlnChargeofWaterSanitationandlrrigation; (0ChiefofficerlnChargeofEnvironmentEnergyandMining; (g) Representative of Chamber of Commerce; (h) Chief Officer of Health Services; (i) Chief Officer In Charge of Trade and Cooperatives; () Chief Officer In charge of Roads and Transport; (k) County Director of Physical Planning who shall be the Secretary; 0) CountY Secretary in the (m) RePresentative of the Land Management Board; legal fraternity practising within the CountY' Functions of the County Physical Planning Council 18.(1)ThefunctionsoftheCountyPhysicalPlanningCouncilshall be to (a) hear and determine appeals.todged by a. pelson' institution or body"gg;;;'or-'i*a""itlonadevelopmentapproval committee; (b)determineandresolvephysicalplanningmattersreferredtoitby a develoPment aPProval committee; (c)promoteSpatialPlanningasaneffectiveandefficientinstrument fortheimprovementofthephysicalenvironmenttowardsthe u.r,i"u.*.1;;f;;;ffi t" a"u"iop*ent in the County ; (d) promote integration of spatial' economic' environmental and other sectoral Planning; (e)promoteintercountyplanninginitiativesthroughinitiationof ^transboundarY sPatial Planning; No.6 206 Nl,amira County physical planning national and global (0 advance the County,s through spatial planning; 2014 competitiveness (g) require the.Director. to prepare reports on matters concerning theuse of spatiar planningin tte coniervation, use and deveropmentof lands inthe county territory and any amendments desirable toanv law affecting spatial planning i;. 6;;;priate action anddirection; (h) require the National Land commission through the county LandManagement Board to undertake actions in.iro*g alienation ofpublic land for purposes of county speciar development projects; (i) estabrish and maintain riaison, co-operation and capacitybuilding with national government, towns, urban centres Boardsand Town committees wrttr respect to spatial planning; and 0) undertake Monitoring and evaluation of implementation ofphysical developmeniplans. (2) The quorum for the transaction of the business of the Councirshall be a two thirds of the total number of members; and alr Acts, mattersor things authorized or required ,o u9 done by the council, shalr beeffected by a resorution passed by a majority of tie meriu"r. present andvoting. ", ,"['l""Ine Council shall meet at least once every quarter but may do so (4) The chairpe.rsgn shan preside at every meeting of the council,at which he is present, but in his ub."r." the Deputy chairperson shallpreside, and in his absence, th" -"-Lers present shall elect one of theirmembers who shalr, with respe"t it-that meeting and the businesstransBilled thereat have alr ttre powe.s-of the Chairman. (5) Unless a unanimous decision is. reached, a decision on anymatter before the council shall be by a majority of votes of the memberspresent and in,n".:r^"^:,t an equality of votes,,fr" Ctuir an or personpresiding shall have a casting vote. (6) An appeal,shall be heard and determined in 30 days and the feetbr lodging an appeal shall be r"ryu irrifring, r*"nty ilJururo. 207 Nyamira County PhYsical Planning No.6 2014 Establishment Committees and Composition of Development Approval lg. (1) There shall be established a Development Approval Committee which shall be responsible for receiving, processing and subsequent approval or refusal of all development applications. (2) The Committee shall be made up of the following members who shal be public officers appointed by the Executive Committee Member In Charge of Physical Planning (a) The Director In Charge of Physical Planning; (b) Director of Land Survey and Mapping; (c) CountY Engineer; (d) County Director of Environment; (e) CountY Public health officer; (0 Representation from NEMA; (g) CountY Architect; (h)twoco-optedmembersappointedbytheCountyExecutive Committee Member; (3) fees as to be provided in the regulations' Decisions of Committee 20. (1) Decisions of the Committee shall be based on professional analysis, "ounty development policies, approved development plans and sustainable use of county resources. (2) Unless a unanimous decision is reached during a committee meeting, a decision on any matter before the Committee shall be by a majoritly of votes of the -"hb"tt present and in the case of an equality of voies, the Secretary shall have a casting vote' (3) A decision made by the committee shall be binding and may only be overturned by a unanimous vote of the Council' Meetings of the Committees 21. (l) The Committee shall sit at least once every month' (2) During such meetings members shall be legible for a sitting allowance equiialent to lunci' allowance as set by the County Public Service Board. No.6 208 Nyamira C ountlt Phl,sical Pktnning 2014 (3) A member co-opted by the committee to assist in determining a development Application shall be legible for the same amount as paidto the committee members. Sub-county Development Approval Sub-Committees 22. (1) The County Executive may require the Director to establish sub-committees to Process the approval of development applications at the Sub-county level. Membership of sub-county Deveropment Approval Sub-committees 23. The sub committees established under Section (1) above shall comprise of (i) Sub-County administrator who shall be the Chair; (ii) County Physical planner who shall be the secretary; (iii) Town Administrator; (iv) Land Administrative officer from the ministry responsible for lands; (v) County Engineer; (vi) County Public Health Officer. (vii) County Surveyor; (viii)Represenrative from NEMA ; (ix) one member appointed by the County Land Management Board. Referral of Applications to the county Development Application Committee 24- A sub-committee may refer a development application to be processed by the County Development Approval Committie. Appeals to County Development Application Committee 25. A person aggrieved by a decision made by a sub-committee may appeal such a decision to the county Devllopment Application Committee. Establishment of a county pranning compliance and Enforcement Division 26. (1) The Director shall establish a Compliance and Enforcement division under the Directorate of physical planning. TI 209 Nvamira CountY PhYsical Planning No.6 2014 (2)TheDivisionshallbeheadedbyapublic.offi:erequivalenttoa Deputy Director "i;h;;i;"i Planning uppoint"a by the County Public Service Board. Qualifications of the Head of the Compliance and Enforcement Division 27. (1) A person appointed as Head of Compliance and Enforcement Division shall be urrl*p"il"nced lawyer preferably in Environmental Law' (2) The Board may appoint other officers as may be deemed ,"."rr*y by the ni."ctor io undertake functions of the Division' Functions of the County Planning compliance and enforcement Division 28. The functions of the County Planning Compliance and Enforcement Division shall be (a) to enforce physical planning standards within the county; (b)toensurethatalldevelopmentsareundertakeninaccordanceto set regulations and guidelines; (c) to ensure that all persons' bodies or authorities develop accordinf i"-" ,t. ;onditions attached with development aPProvals; (d) to ensure that no .development shall commence without a development perrmsslon issued by the county planning authorities; Powers of the County Planning Compliance and Enforcement 29. The Division shall exercise the following powers in discharge of its functions (a) arrest and charge any- person' body or authority in the nnvironm"r, ;;a Land ^court for breach of development conditions, standards, guidelines or regulations; advise the Registrar to refuse to register a document relating to a development on land whose; serve an enforcement notice to an owner' occupier or developer (b) (c) who has; (i) developed withoutdevelopmentpermission; (ii) failed to comply *1th the conditions of approval of a develoPment aPPlication; (d) require an owner. occupier or developer who has; (i) developed without development permission; / I I T No.6 Nyamira, ornf,,'f; n r*ol phnnins (ii) failed ro comply with the conditions development application; 2014 of approval of a ten (10) year County Spatial be aligned with the National (iii) failed to comply with development standards, guiderines and regulations at their own coit; (iv) to restore land to its original conditions; (v) to demolish or alter any building or works or discontinue to use any land or construction of any building or carry out any other activities on land. PART V- SPATIAL PLANS A COUNTY SPATIAL PLAN County Spatial Development plan 30. (1) The Director shall prepare a Development Plan for the County. (2) The County Spatial plan musr Spatial Planning Policy. (3) The county Spatial Development plans shall be prepared for thewhole or part of the area covered by tire county. Purpose and objects of the county spatiar Development pran 31. (l) The County Spatial plan shall formulate srrategic policies forthe purpose of determining the general directions and trends of thephysical development of the County. (2) The County Spatial plan shall (a) be accompanied by such indicative plans as may be required toclarify the strategic policies; (b) be the basis for investment and utilization of natural resources taking local land use policies into account; (c) be the basis oJ coordinating and integrating county Spatial Development plan; (d) provide for implementation of cluster settlement for easier provision of infrastructure ; (e) identify and map areas which are prone to naturar calamities such as floods landslides and droughts for natu.at disaster preparedness; (f) take into account the. principle of effective usage of land, equity, efficiency, sustainability; and i I I I l 2014 2lr Nyamira CounQ PhYsical Planning (g) Contain such other matters as may be prescribed or\e/ Council may in any particular case specify' (3) The object of the County spatial plan shall be (a) to improve the land and providing for the proper growth' physical development and use of such land; to provide measures for the improvement of the physical living environment; to improve communications and transportation; for public purposes, utilities and services; to improve the socio-economic well-being and the promotion of economic growth, and to facilitate sustainable development' No.6 as the (b) (c) (d) (e) (f) PreparationandapprovaloftheCountySpatiatDevelopmentPlan 32.(1)TheCountyDirectorshallprepare-and.submittotheCounty Executive committee membe. a draft io,rnty Spatial Development Plan for approval by the County Assembly' (2)PriortosubmittingtotheCountyExecutive.Committeeadraft spatial developmentplan fo.1t, approval, the County Director shall submit a report of survey iertaining p itre area being planned to the County Executive Committee for adoption' Contents of the SurveY RePort 33. The survey report referred to under Section 39 shall provide for; (a)mattersthatmaybeexpectedtoaffectdevelopmentorthe planning of the development of the County; (b) the principal physical, economic' environmental' and social characteristics; (c) the principal land uses of the County; (d) expected effects of the principal land uses on County develoPment; (e) principal economic, social' physical . and environmental management and conservation policies of the County; (0thesize,composition,anddistributionofthepopulationofthe CountY whether resident or not; ./II No.6 212 Nyamira County Phvsical Planning 2014 (e) (h) 0) (k) the communications, transport system, and traffic of the county; the expected effect to the County, neighbouring areas communications, transport system, and traffic of the County; (i) any other matter as may be prescribed; any projected changes; and gffect that projected changes are likely to have on the development, or the planning of the development of the county. Undertaking New Survey 34. The County Director, in consultation with the county Executive committee member in charge of physical planning, may instiiute a fresh survey of the whole or part of the county or on a sp"iifi" matter of the county that may affect development and planning of the county. Consultations in Relation to Survey Study 35. The County Director of physical planning shall consult with any other county Director of any other county on matiers relating to the area of that other co-unty that may affect the development or the plinning of the development of the county in respect of whichihe survey islnstitut6d. contents of the county Development plan and survey Report 36. (1) The Directors report in37(2) must include an estimate of any changes likely to occur during the planning period. (2)^ The Repol of the survey shall be accompanied by the Draft County Spatial Development plan. (3) The Draft County plan shall be a written statement (a) Formulating the policy and general proposals of the county in respect of development and use of land in that county; (b) stating the relationship of proposals made to proposals for the development and use of land in the neighbou.ing counties that may affect that county; (c) containing such other matters as may be prescribed or as the Executive committee may in any particulariase specify. (4) The Draft county Spatial Development plan shail be accompanigd by diagrams, illustrations, and descriptive matter as the county Director thinks appropriate for the pr.po* of explaining or 213 2014 Nyantira Counry Physical Planning No' 6 illustrating the proposals in the plan' or anything else that may be prescribed the executive Committee' Factors to consider 3T.TheDraftCountySpatialDevelopmentPlanshallhaveregard to (a) social and economic circumstances: (b) environmental Protection; (c) resources likely to be available for the carrying out of the ProPosals; and (d) such other matters as the Executive Committee may prescribe' Publication of the Draft County Spatial Development Plan 38. After the Draft County Spatial Development Plan has been submitted unO uOo-pt.J by the County Executive Committee, the County Director shall (a)publishinatleastonewiclelvreadlocaldailynewspapers,a norice sraring that copies of',t" Jruft plan ire available for inspectioi ui,h" officL of itre county Director and such other places "t *"V be A"t"t-1'LO and the time within which objections io' tf'" ptu'' *uy be made to the Executive Committee; (b)makecopiesoftheplanavailableforinspectionatptracesstated in the notice and each copy shall be accompanied by time as srated in the notice within ri,ti.t objections to the plan may be made to the Executive Committee' Adoption and approval by the County Assembly 39.(1)TheCountyDirectorshallsubmittheDraftSpatial Development pl;; ro,h" Executive committee member for adoption' (z)TheExecutiveCommitteeMembershall,withinaperiod specified .uu*ii'io-tt " County Assembly a report of the adopted Survey and Draft Corni,ip",iuf-p"r"fopment i'tan tbr approval by the County AssemblY. No.6 214 Nyamira County physical planning 2014 coming into Effect of the county spatiar Deveropment pran 40. The county Spatiar Deveropment plan shall come into effectafter approval by tt " County Arr"*Uty. Review of the County Spatial Development plan 41' A County Spatial Development Plan shall be subjected ro reviewevery five years to align the pran with the pr"pr*ii", Lr rn" county five year integrated county development ptun. '---- -! B-LOCAL PHYSICAL DEVELOPMENT PLANS Preparation of Local physical Development plans 42' (1) The Director llay prepare with reference to any public land,community land or private tano-wiitrln the area of authority of a town orurban settlement or with reference io uny trading or marketing centre, alocal physical development plan. (2,) ,A logal physicar dev-eropment plan may be a long-rerm or shorr-term physical deveropment or ror a renewur o. i"i*roiil"nr. (3) The Director may prepare a rocal physical development pran for ll:- q.n.lul .p:.p.::," or',guidin' 1nd coordinating devetopmenr ofrnfrastructurar facirities and servic-es for an area ,"i"o?aio in subsection(,1). and.for the-specific controt or it" rr" and deveropment of land or forthe provision of any land in such area for public prrp;;;;:' (4) The Director may incrude in a local physical development planany or all of the marters specified in the Second'Sche;;i". Initiation of a Local physical Development plan 43' The process of preparation of a local physical deveropment planmay be initiated by one oiaf of the following . (a) Counry physical planning Council; (b) Director of physical planning; (c) A Residents Association; (d) Nationar Land commission through the county LandManagement Board. Content of a Local physicat Development plan 44. Content of a Local physical Development plan. A Local physical Development plan shall consist of (a) a survey in respect of the area to which the pran relates carriedout in such manner as may be prescribed; and 215 Nyamira Counry Plrysical Planning No.62014 (b) such maps and description as may be necessary to indicate the manner in which the land in the area may be used having regard to the requirements set out in the Third Schedule in relation to each type of a Local Physical Development Plan. Objections to a Local Physical Development Plan 45. Objections (l) The Director shall not later than thirty days after the preparation of a Local Physical Development Plan, publish a notice in the Gazette and in such other manner as he deems expedient to the effect that the plan is open for inspection at the place or places and at the times specified in the notice. (2) The provisions of Section 4l relating to the making of representations or objections to the Director concerning County Spatial development plans and to the consideration by the Director of such representations or objections and to appeals shall apply to this section. Approval of a Local Physical Development Plan 46. Approval of a Local Physical Development Plan (1) The provisions of Section 37 relating to the approval and coming into effect of the County Spatial Development Plan shall apply to the approval or disapproval of a Local Physical Development Plan by the County Assembly. (2) A Local Physical Development Plan approved under subsection (l) shall not be altered in any manner without the prior written authorization of the Director. Publication of Approved Local Physical Development Plans 47. The County Executive Committee Member shall within fourteen days after approval of a local physical development plan by the County Assembly cause to be published in the Kenya or County Gazette, by the Director, a notice to the effect that the plan has been approved with or without modification and may be inspected at the place or places and times specified in the notice during normal working hours. C SPECIAL AREA PLANS Special Area Plans 48. (l) The Director may, by notice in the County Gazette or Kenya Gazette,declare an zuea with unique development potential or problems aS i \ No.6 Nyamira roun'rr'forrrol Planning 2014 a special planning area for the purpose of preparation of a Physical Development Plan. (2) Subject to subsection (1), the Director may by notice in the County Gazette or Kenya Gazette, suspend for a period of not more than six (6)months, any development he deems necessary in a special planning area until the physical development plan in respect of such area has been approved by the County Assembly . (3) Where, before the declaration of a special planning area under subsection (1). a development permission has been granted by a development approval committee in the area such permission shall not be affected by the suspension if the development in respect of which the permission is granted has been commenced not less than six months before the suspension of development of the kind in the special planning area. D DETAILED PLANS AND AREA ACTION PLANS Detailed Plans and Area Action Plans 49. The Director may prepare a detailed area action plan which shall address the following (a) treatment of a particular planning aspect like residential, transportation, water supply, sewerage, in part or as part of a long-term plan; (b) advisory or subdivision plans, indicating permitted subdivision, use and density of development; (c) an assessment of immediate land requirement to accommodate specific population needs as they arise; (d) detailed allocation of the land requirements to various land uses taking into account compatibility of adjoining land uses and conforming to the existing physical development plan proposals for the area. PART VI CONTROL OF DEVELOPMENT Meaning of Development 50. (l) (a) Subject to the following provisions of this secrion, in this Act, except where the context otherwise requires, 'development,' means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land. I I I I I I 217 Ny am ir a C o t" ::!v P hY sical Plan ni n g No.6 2014 (b) For the purposes of this Act 'building operations' includes (i) demolition of buildings; (ii) rebuilding; (iii)structuralalterationsoforadditionstobuildings;and (iv) other operations normally undertaken by a person carrying on business as a builder' (2)Thefollowingoperationsorusesoflandshallnotbetakenfor the purposes of this Acitolnvolve development of the land (a) the carrying out for the maintenance' improvement or other alteration of any building of works which; (i) affect only the interior of the building' or (ii)donotmateriallyaffecttheexternalappearanceofthe building,andarenotworksforthealterationofabuilding by prov-iding additional space in it underground; (b)thecarryingoutonlandwithintheboundariesofaroadbya highwayau'thorityofanyworksrequiredforthemaintenanceor improvement of the ,oid b't, in ihe case of any such works which are not exclusively for the maintenance of the road, not including any works wlriih may have significant adverse effects on the environment; (c)thecarryingoutbyanauthorityorStatutolyundertakersofany works for itre purpose of inspecting, repairing or renewing any sewers,mains,prp.t,cablesorotherapparatus'includingthe breaking ope, oi any street or other land for that purpose; (d)theuseofanybuildingsorotherlandwithinthecurtilageofa dwellinghouseforanypurposeincidentaltotheenjoymentof the dwelling house as such; (e)theuseofanylandforthepurposesofagricu'ltureorforestry (including afforestation) and it " ur" for any of those purposes of any building occupied together with land so used; (0thedemolitionofanydescriptionofbuildingspecifiedina directiongivenbytheCountyExecutiveCommitteeMemberto County pianning-authorities generally or to a particular County planning authoritY. CountyPlanningAuthoritiestoUndertakeDevelopmentControl I No.6 218 Nyamira County Physical Planning 2014 . 51: Development control shall be undertaken by the county planning authorities in accordance with plans approved in accordance witir tfris ectl Power to Undertake Development Control 52. The Director shall have powers to (a) prohibit or control the use and development of land and buildings in the interest of proper and orderiy development of its area; (b) to control or prohibit the sub-division of land or existing plots into less than25 by 100; (c) consider and approve all development applications and grant all development permissions ; (d) ensure the proper execution and implementation of approved spatial development plans; (e) formulate by-laws to regulate zoning in respect of use and density of development; (f) reserve and maintain all the land planned for open spaces, parks, urban forests and green belts in accordancL wiih apploved spatial plans; (g) county planning authorities shall have the obligation to inform the citizens under their jurisdiction on development permission either granted or denied. Approval for Development . 53. (l) A person shall not carry out development within an area of the county planning authority without a development permission granted by the Director/ County Development Approval Authority. Prohibition of Development without Development permission . 54. (1) No person shall commence, undertake, or carry out any development without a planning permission (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term of one year or to both. (:l Any dealing in connection with any development in respect of which an offence is committed under thii section is void and such development shall be discontinued. (4) Notwithstanding the provisions of subsection (2), the county planning authority concerned shall require the developer to restore the I 219 Nyamira County Physical Planning No.6 I \ I 2014 land on which such development has taken place to its original condition within a period of not more than ninety days. (5) If on the expiry of the ninety days notice given to the developer such restoration has not been effected, the county planning authorities shall restore the site to its original condition and recover the cost incurred thereto from the develoPer. Prohibition of Grant of Licence for Development of a Commercial or Industrial Nature 55. (1) No licensing authority shall grant a license for commercial or industrial use or occupation of any building, or in respect of any premises or land, for which no development pelTnission has been granted by the respective County planning authority. (2) For the purposes of subsection (1) (a) commercial use includes shops, offices, hotels, restaurants, bars, kiosks, markets and similar business enterprises and trade but does not include petroleum filling stations; (b) 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. (3) No County planning authority shall grant development permission for any of the purposes mentioned in subsection (1) without comments from relevant stakeholders. (4) A person who contravenes subsection (1) or (3) commits an offence andls liable on conviction to a fine not exceeding shillings three hundred thousand or to a term of imprisonment not exceeding one year or to both. Duty to Consult 56. A County planning authority to which a development application has been made shall, within seven days after the receipt of the application consult in writing with any or all of the following (a) National Land Commission; (b) Urban Management Board (as in the Urban Areas and cities Act) No. 13 of 2011; (c) County DePartment of SurveY; (d) County Departments of Roads and Transport; (e) County Department of Agriculture; No.6 Nyamira rounln'Sorrrcal Planning 2014 (0 County Department of Health; (g) County Department of Public works & utilities; (h) County Department of Environment and Natural resources; (i) Registered Neighbourhood Association; 0) Community, neighbours and general public; and (k) Any other relevant persons and authorities. Application for Development Permission 57. (1) A person requiring development permission shall make an application to the Secretary of the County Physical Planning Committee. (2) The application shall be in a prescribe form. (3) If the applicant is not the registered owner of the land on which the development is to be carried out, a written sworn consent shall be obtained from the registered owner. (4) Where the development involves the erection of a building, the Secretary may give written directions to the applicant in respect of any of the following matters (a) the level of the site of the building; (b) the line of frontage with neighbouring buildings; (c) the elevations of the building; (d) the class, design, and appearance of the building; (e) the set back and the building line; (0 access to the land on which the building is to be erected; (g) environmental, health considerations and cultural practises (h) any other matter that the county planning authority considers necessary for purposes of planning. (5) The applicant to whom any written directions are given shall amend the buildings plans or drawings accordingly and resubmit within such a period the county planning may specify. (6) The building plans or drawings to be submitted include (i) Development Plan and Drawings; (ii) Architectural Drawings and Specifications; I I I I 1 I I I ! 2014 22r Nvamira Counry Physical Planning No' 6 (iii) Civil and Structural Engineer's drawings and specifications; (iv) Electrical Engineer's Drawings and Specifications; (v)MechanicalandPlumbingDrawings&Specifications;and (vi) Cost Estimates. (6) If the building plan is not resubmitted within the specified period o, .it"rd"d period, ihe application for planning permission shall be deemed to have lapsed and th^e applicant shall submit a fresh application' Plan to be Prepared by a Qualified Person 53.Allplans,particulars,layoutplansandotherdocumentsrequired to be submitted under this Act shLall bi prepared by qualified, registered and practising persons under relevant written law' Development Applications to be Made to the Secretary 59. All development applications shall be addressed to the Secretary to the Development Approval Committee' Determination of Development Applications within 30 days 60. The Development Approval Committee to which an application for development permission has been made shall decide on the application within 30 days from the date of application' Consideration of Planning Applications 61.(1)TheCountyDevelopmentCommitteeshall'when considering a development application submitted (a)beboundbyanyrelevantnationalorCountyplanningphysical development Plans dulY aPProved; (b) have regard to the health, amenities and conveniences of the "o**rniiy generally and to the proper planning and density of development and land use in the area; (c)haveregardtoanycommentsreceivedfromtheofficersor authorities and oi relevant stakeholders as referred to in subsections (1) ; (d) in the case of a leasehold, have regard to any special conditions stiPulated in the lease. I \ No.6 222 Nyamira County Physical Planning . (2) If any development application requires subdivision or change of user of any agricultural land, the birector shall require application to be referred to the relevant Land control Board. (3) The Land Control Board shall recommend to the Director to accept or reject the application for subdivision or change of user and shall give reasons for its recommendations to the county -planning Authority within thirty days from the date of receipt of request. Lapse of Development permission .62. (l) A planning- permission granted under this Act shall lapse twelve months after the planning permission was issued, if itre development has not commenced as speCified in the planning permission. (2) The lapse of development permission applies only to building operations. (:l rh-e planning authority may grant an extension of planning permission if the developer re-applies. Offences Relating to Unauthorized Development 63. (1) A person who undertakes unauthorized development commits an offence and is liable to a fine and or imprisonment as prescribed in the schedule. (2) A person who (a) uses or permits to be used any land or building in contravention of an approved development plan; (b) commences, undertakes, or carries out, or permits to be commenced, undertaken, or carried out, an, development without planning permission or contrary to planning permission granted; (c) commences, undertakes, or carries out, or permits to be commenced, undertaken, or carried out, any development where the planning permission has been revoked; (d) commences, undertakes, or carries out, or permits to be commenced, undertaken, or carried out, any development after the planning permission or the approval of ihe building plan, as the case may be, in respect of the development his been modified or is inconsistent with the appror-ed modification. commits an offence and is liable, on conviction, to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding two years or to both and, inihe case of a continuing offence, to a further fine which may extend to five 2014 the the I I I I I ( I I 2014 223 Nyamira Counry Physical Planning thousand shillings for each day during which the offence continues after the first conviction for the offence. (3) Unless the contrary is proved, the owner of the land in respect of which any Act that constitutes an offence under subsection is done shall be deemed to have permitted the doing of that Act. PART VII -GENERAL PROVISIONS Application of Legal Notice 64. The Physical Planning Building and Development Rules (1998) established under Legal Notice No. 135 form part of this Act. Notice to Review of Development Permission 65. (1) If the Director is satisfied that any use of land should be discontinued, conditions should be imposed on the continued use of any building or works on any land should be altered or removed, the Director may, with the approval of the County Assembly, by a requisition notice served on the owner of the land (a) require the discontinuance of that use; (b) impose such conditions for the continued use of the land as may be specified in the requisition notice; (c) require such steps as may be specified in the notice to be taken for the alteration removal of the building or works; and the owner shall, within such period as may be specified in the notice. (2) A person aggrieved by a notice may, within the period stated therein and in the manner prescribed, appeal to the Land and Environment Court. (3) If an appeal is filed by the aggrieved party, the requisition notice shall remain in force until the determination or withdrawal of the appeal. Public Participation in Development Control and Enforcement 66. (1) In the case of towns, municipalities or cities, citizens may form resident associations and any other for the purposes of participating in development control and enforcement. (2) County planning authority shall sensitize the citizens on development control issues; and No.6 I t I I I I \ No. 6 Nyamira rounl,r'f,orrrcal Ptanning 2ol4 (3) Any person may report any development without development permission within the area of a county to the planning authority. Planning Monitoring and evaluation 67. (l) Evaluation and monitoring of National Spatial Plan shall take into consideration the extent to which the plan (a) promotes balanced regional development for national unity. (b) coordinates sectoral agencies by providing spatial expression to sectoral policies; (c) secures spatial and environmental quality and diversity for high quality of life; (d) optimize utilization of land and natural resources for sustainable development; (e) rationalizes national spatial planning for economic efficiency and global competitiveness; (f) facilitates provision of adequate infrastructure; and (g) articulates the aspiration of the people through their effective participation throughout the plan preparation, approval and implementation. (2) In Evaluating and monitoring of County Spatial Plan, the Physical Planning Council shall take into consideration the extent to which the plan a) articulates policies and proposals set out in the regional spatial development plan; b) promotes equity in the provision of infrastructure and services; c) safeguards environmental quality; d) assigns land uses in a manner that promotes rural- urban balance; e) identifies area for strategic infrastructure and investment to stimulate economic growth; 0 it engenders sectoral coordination and integration of I programmes and projects for efficient use of public resources; I g) resolves pertinent issues and challenges identified in t stakeholder fora' I I I { 2014 225 Nyamira Counl Plrysical Planning No.6 ) I I I I I t I I I \ h) identifies specific projects for implementation by the County Executive over a five year timeframe; i) proposals are linked to the resource envelop available to the county executive; j) articulates the aspiration of the people through their effective participation throughout the plan preparation, approval and implementation. Development Charge 68. (1) A development charge may be charged on a developer who presents a planning application which effects a change of use, density, or iloo, u."u in respe-t of any land so as to enhance the value of the land and in so doing incriases demand for infrastructure and services, development charge stritt be levied in respect of the development commenced, undertaken, or carried out in accordance with the change' (2) The planning authority may, by regulations exempt any person or class of peisons oi any development or class, tYPe, or category of developmenf f.orn liability to the development charge, subject to such conditi,ons as the planning authority may specify in the regulations. Framework for Plan Implementation 69. All plans prepared under this Act shall be accompanied by an implementation strategy which defines goals, proposals, implementing authority, resources required and time frame. The implementation strategy shall include (a) a completed and approved Spatial Development Plan prepared under this AcU (b) an implementation budget; (c) identification of keY Actors; (d) a Communication PIan; and (e) a Risk Assessment and Mitigation Plan. Principles of Participation through Plan Implementation 70. (1) In implementing the various spatial plans, the National and County Governments shall foster structured public and private partnerships and public participation in the process. No.6 226 Nyamira County Physical Planning 2014 (2) The implementation process shall be based on the following principles (a) reasonable access to the formulation on plan implementation policies, budgetary estimates and execution of the process; (b) timely access to information, data, records, maps, written reports, tools relevant to the implementation process; (c) reasonable balance in distribution of roles and responsibilities between the respective governments and the non-state Actors; (d) promotion of rights and interests of minority groups, marginalized groups and communities with a view to inclusivity and to redress grievances; (e) promotion of private-public partnerships and the reciprocal roles played by non- state Actors in plan implementation; (f) the right of citizens to petition or seek redress with regard to the administration and management of plan implementation at all levels of government; (g) any other principles as set out in the Urban Areas and Cities Act and the County Governments Act. Inconsistency between Building by Laws and Development Plan 71. Where an inconsistency exists between any building by-laws and a development plan in relation to any policies in that plan (a) the Development Plan shall prevail over the by-laws; and (b) The approving authority shall apply the provisions of the building by-laws in such manner and to such extent as may be necessary to avoid the inconsistency, but so as to ensure that the standards of building soundness for the safety of the occupants and amenity achieved in respect of the development are as good as can reasonably be achieved in the circumstances. Regulations 72. The county Executive committee Member in consultation with a county planning authority may make regulations for the better carrying into effect the provisions of this Act. Schedules 73. The County Executive Committee Member may by order in the county Gazette or Kenya Gazette and with approval of county Assembly, amend the Schedules to this Act. I I l 2014 227 Nyamira Counry Plrysical Planning No.6 PLANNING SCHEDULE Form P. P. A. I The Nyamira County Physical Planning Act,20l4 Registered Number of Application.. . APPLICATION FOR DEVELOPMENT PERMISSION (To be submitted in TRIPLICATE in respect of each tansaction and sent to or left at appropriate ffice of Sub'County Administration) To the. (Insert Name and Address of the appropriate Sub-County Office) I/IVe hereby apply for permission to develop the land and/or building as described in this application and on the attached plans and drawings. Date.. ..Signature of Applicant or Agent If signed by Agent state: Name. ......Address..... Profession. SECTION A - GENERAL INFORMATION 1. Owner's name and address...... 2. Applicants name and address...... 3. If applicant is not the owner, state interest in the land e.g. lease, prospective purchaser etc. and whether the consent of the owner to this application has been obtained.... (a) L. R. or Parcel No.. (b) Road, District and Town. (c) Acreage. If an application has been previously submitted state the registered number of the application 4. 5. No.6 228 Nyamira County Physical Planning SECTION B - SUB.DIVISION 2014 6. Describe briefly the proposed subdivision including the purpose for which land and/or buildings are to be used 7. State the not now last used purpose for which land and /or buildings are now used. If used, the purpose for which and the date on which they were 8. State whether the construction of a new existing means of access to or from a road is or an alternative of an involved. 9. 10. 11. 12. State method of: (a) Water supply. (b) Sewerage disposal. (c) Surface water disposal. (d) Refuse disposal. Give details of any relevant easements affecting the proposed subdivision SECTION C - EXTENSION OF LEASE OR USER OR CHANGE OF USER State whether subdivision is involved and if so whether permission has been applied for and if so give registered number of the application Describe briefly the proposed development including the purpose for which land and/or buildings are to be used. { I I i I I I l I I 2014 229 Nyamira County Physical Planning No.6 13. State the purpose for which land and/or buildings are now used. If not now used, the purpose for which and date on which they were last used.. 14. State whether the constmction of a new or alternative of the existing means of access to or from a road is involved 15. If the proposed development consist only of change of user and does not involve building operations state the exBill nature of such change. 16. If the site abuts on road junction, give details and height of any ] proposed walls, fence etc., fronting thereon. 17. State method of (a) Water Supply. iu) Sewerage diiposal....:.... (c). Surface water disPosal. (d) Refuse disposal. 18. Give details of any relevant easements affecting the proposals. 19. si"i. trr" (a) Area of land affected.... (b) Area covered by buildings... (c) Percentage of site covered. (i) By existing buildings. (ii) By proposed buildings 20. State the period of lease No.6 230 Nyamira Counry Physical Planning PLANNING SCHEDULB Form P. P. A2 The Nyamira County Physical Planning Act,20l4 2014 Registered Number of Application NOTIFICATION OF APPROVAL/REFUSAL/DEFEREMENT OF DEVELOPMENT PERMISSION TO... Your application number as above, submitted on.... for permission to ...on L.R. a parcel No...... .....situated in..... ..road ...... ....has been.. ..........on date.. ....by the ... for the following reasons/subject to the following conditions; (a) :::::: ::: ::: :: ::: : :::: : ::: : (b) (c) (d) Date . ....Signed The County Commissioner of ktnds The Town/ S ub - C o unty Administrator The County Director of Physical Planning. CC 231 2Ol4 Nyamira County Physical Planning PLANNING SHEDULE The Nyamira County Physical Planning Act,20l4 No.6 Form P.P.A.3 Notice of Completion of Development Plan Title of Development Plan NOTICE is hereby given that preparation of the above Development Plan was on ..day of .... ....... completed. The Development Plan relates to land situated within A copy of the Development Plan as prepared has been deposited for public inspection at the office of the ... at . The copy so deposited is available for inspection free of charge by all persons interested at the above mentioned address between the hours of and.. Any interested person who wishes to make any representation in connection with or objection to the above Development Plan may send such representations or objections in writing to be received by the Director of Physical Planning, P.O. Box .. not later than .... day of ... ...... and any such representation or objection shall state the grounds on which it is made. Dated the ... County Director of Physical Planning No.6 23'2 Nyamira Coun6' Physical Planning PLANNING SCHEDULE The Nyamira County Physical Planning Lct,20l4 Form P.P.A.4 Notice of Approval of Development Plan 2014 Title of Development Plan Approved Development Plan No. .. NOTICE is hereby given that on the .. ..day of .... ....... the Minister of ......approved the above Development Plan. A certified copy of the Development Plan as approved has been deposited at the offices of the .. at .. The copy of the Developrnent Plarr so deposited will be open for inspection free of charge by an interested person between the hours of Any person wishing to purchase copies of the plan and the written document may do so on application to the Director. Dated tiris .. .... day of .... Signecl County Director of Physical Planning Notes: Insert the name and address o1' the Town/Sub-County Administration affected by the Development Pian. 233 2014 N;vamira Counry Physical Pk:nning No.6 PLANNING SCHEDULE The Nyamira County Physical Planning Act,201,4 FORM P.P.4.5 Certificate of Compliance Certificate No. .. Name and Address of Applicanr Type of Development (Industrial, Commerc;.ai, etc.) 3: l.:i:::l )i;;;,;;, (Ji:lxi::'i"1i,, i"*,,h,p, ;;J .;;I;33 from (Town/Sub County Administration't by I{ef. No. of l This is to certify that the application above is in compliance with (a) Approved Development Plan No.... (b) Approved Subdivision Plan/Advisory Plan No (c) Special conditions specified in the Notification of Approval (Form P.A.A.2) date. ...with respect to Registered Application No.... ........Issued by............ (Name of Officer) Signature for Physical Planning Directorate I I I I I i i No.6 234 Nyamira County Physical Planning PI,ANNING SCHEDULE FORM P.P*A,7 The Nyamira County Physical Planning Act,20l4 ENFORCEMENT NOTICE 2014 1. The development/subdivision of land described been carried out without the grant of permission and/or hereunder has the following conditions required on the Physical Planning Act Subject to which permission for the development/subdivision of land as described hereunder was granted in the Physical Planning Act has/have not been complied with. 2. (Description of development or subdivision of land). 3. You are hereby required to (describe the steps to be taken)...... within a period of ... .... from the date of this notice failing which the ... (Town/Sub-County Administration) may enter on the said land and execute the requirements as outlined hereinabove and may recover as a civil debt in any court of competent jurisdiction from any related expenses incurred. 4. This notice shall take effect on the day of 20........ 5. If you are aggrieved by this notice you may appeal as the case may be under provisions of the Physical Planning Act before the aforesaid I I I I .day 2ol4 Nyamira rorr'*'i,rrrcal Planning No.6 of. .. . . ..,20 . . . in which case the operation of this notice shall be suspended pending the final determination or withdrawal of the appeal. 6. Any person who uses or causes or permits to be used the land to which this notice relates or carries out or causes or permits to be carried out operations on the said land in contravention of this notice shall be guilty of an offence. Signed for I I I \ i I l l \ I I /