Physical Planning Order (Cap. 286)

Pl Or Short title. Application. Interpretation. Cap. 399. C p. 265. Grant of Permission. Permitted development. Directions restricting permitted development. Kenya Subsidiary Legislation, 1998 THE PHYSICAL PLANNING ORDER, 1998 1. This Order may be cited as the Physical Planning Order, 1998. 2. This Order shall apply to all land in the country to which section 2 of the Act applies. 3. In this Order, unless the context otherwise requires "Act" means the Physical Planning Act; "building" has the meaning assigned to it by section 3 of the Act; "Development" has the meaning assigned to it by section 3 of the Act. "erection" in relation to a building includes extension, alteration and re-erection; "highway authority" means a highway authority as defined in the Public Roads and Roads of Access Act; "land" has the meaning assigned to it by section 3 of the Act; "liaison committee" means a committee established under provisions of section 7 of the Act; "local authority" has the meaning assigned to it in the Local Government Act; "Minister" means the Minister for the time being responsible for physical planning; "owner" has the meaning assigned to it by section 3 of the Act; "statutory undertaker" means statutory bodies responsible under any law within the country and any other body which the Minister may by notice in the Gazette specify. 4. All development in areas to which this Order applies shall require the grant of permission for the purpose of Part V of the Act. 5. (1) Subject to the provisions of this Order, development of any class specified in the Schedule to this Order is permitted and may be undertaken upon land to which this order applies with the permission of the local authority or liaison committee: Provided that the permission granted by this Order in respect of any such class of development shall be subject to any condition or limitation imposed in the said Schedule. (2) Nothing in this paragraph or in the said Schedule to this Order shall be deemed to permit any development which is not in accordance with any condition imposed when permission is granted or deemed to be granted under Part V of the Act otherwise than by this Order. 6. (1) If the local authority or relevant liaison committee is satisfied that it is expedient that development of any of the classes specified in the Schedule to this Order shall not be carried out in any particular development of any of the said classes unless permission is granted on application in that behalf, the local authority or the relevant liaison committee may direct that the permission granted by Part I of the Schedule shall not apply to Kenya Subsidiary Legislation, 1998 (a) any development of all or any of the said classes in any particular area specified in the direction; or (b) any particular development, specified in the direction, falling within any of the said classes. (2) (a) A direction in respect of any particular area un~er paragraph (a) of subparagraph (1) ofthis paragraph shall be given by notice by the local authority or relevant liaison commitee and shall specify the effect of the direct~on and the name ~f a place where a copy thereof and a map defining the area to which It relates may be viewed at all normal hours of official business and such direction shall come into force on the date on which notice thereof is first published. (3) Notice of any direction specifying any particular development under subparagraph (1) (b) shall be served by the local authority on the owner of the land affected, and any such direction shall come into force on the date on which notice thereof is served on the owner. (4) No direction given or having effect under this paragraph shall have effect in relation to the carrying out in case of emergency of any development specified in the schedule to this Order, or unless such direction specificaly so provides, to the carrying out by a statutory undertaker of the following (a) maintenance of bridges, buildings and railway stations; (b) alteration and maintenance of railway tracks and provision and maintenance of track equipment, including signal boxes, signal apparatus and other appliances and works required in connection with the movement of traffic by rail; (c) maintenance of harbours, quays, wharves and canals; (d) provision and maintenance of mechanical apparatus or appliances required for the purpose of shipping or in connection with the embarking, disemberking, .:loading, discharging or transport of passengers, livestock or goods at a harbour, quay or wharf; (e) any development required in connection with the improvement and maintenance or repair of water courses or drainage works, or sewers or sewage disposal works. 7. A person who proposes to carry out any developments on land or to make any change in the use of land or buildings and who wishesto have it determined whether the carrying out to those operations or the making ?f that change in the use of the land or buildings would constitute or involvedevelopment within the meaning of the Act and, if so, whether an application for permission in respect thereof is required under the Act having regard to this Order may apply to the local authority or liaison committee for determination. 8. (1) An application to the local authority or liaison committee for any permission or decision required under this Order, shall unless otherwise provided in this Order, be made in accordance with the provisions of the Physical Planning (Application for Development Permission) Regulations. Application determination whether permis sion is required. Application for grant of permission. Kenya Subsidiary Legislation, 1998 (2) Where an applicant so desires, an application (hereinafter called "an application in principle"), may be made under subparagraph (1) of this paragraph for permission for the use of any building or land or for erection of any building, and any approval thereof shall be subject to the subsequent approval of the local authority or liaison committee with respect to any matter relating to the siting, design or external appearance of the building, or the means of access thereto, in which case particulars and plans in regard to these matters shall not be required and permission may be granted subject as aforesaid (with or without other conditions) or refused: Provided that (a) where such permission is granted it shall be expressed to be granted under this subparagraph on an application in principle and the approval of the local authority or liaison committee shall be required with respect to the matters reserved in the permission before any development is commenced. (b) where the local authority or liaison commitee is of the opinion that in the circumstances of the case the application for permission ought not to be considered separately from the siting, design or external appearance of the building, or the means of access thereto, the local authority or liaison committee Shall within thirty (30) days from the receipt of the application in principle, serve notice on the applicant that the local authority or liaison committee is unable to consider such application, specify ing the matters as to which the local authority or liaison committee requires further information for the purpose of arriving at a decision in respect of the proposed development and the applicant may either furnish the information so required (in which event the application shall be treated as if it had been received on the date when such information was furnished and had included such information). SCHEDULE r. (6) PART I The development specified in the first column is permitted subject to the conditions set against in the second column: COLUMN (1) Description of Development Conditions Class I-Development within the cartilage of dwelling-house. The enlargement, improvement or other alterations of a dwelling house materially affecting the external appearance of the building so long as the cubic content of the original dwelling house (as ascertained by external measurement) is not exceeded by more than 50 cubic metres or one COLUMN (2) 1. The height of such buildings shall not exceed the height of original dwelling-house. 2. Standard conditions Nos. 1 and 2. Kenya Subsidiary Legislation, 1998 tenth whichever is the greater subject to a maximum of 133 cubic metres. Standard condition Nos. 1, 2 and 3. Class lI-Sundry minor opera tions 1. The erection or construction of gates, fences walls or construction of enclosure not being within the cartilage of a dwelling-house not exceeding two metres in height and the maintenance, improve ment or other alterations of such gates, fences, walls or other means of enclosure, except on the road transaction. 2. The painting of the exterior of any building or work other wise than for the purpose of advertisement. Class III-Changes of Use 1. Development consisting of a change of use to: (a) (i) Use of a light industrial building defined by the Physical Planning hand book. (ii) Use of a general industrial building as so defined; (b) Use as any type of shop except (i) a drive-in shop; (ii) a fast foods shop; (iii) a butcher shop; (iv) a shop for the sale of pet animals or birds, Standard condition Nos. 1 and 2. (v) a shop for the sale of motor vehicles from use as any type of shop. Class IV-Temporary buildings and uses 1. The use of land for any purpose for not more than twenty-eight (28) days in total in any calender year, and the erection or placing of movable on the land for the purposes of that use. Kenya Subsidiary Legislation, 1998 Class V-Development for indus trial purposes 1. The deposit by an industrial Standard conditions Nos. 1 and 2. undertaker if the waste material or refuse resulting from an industrial process on any land comprised in a site which was used for such deposit otherwise than in contra vention or previous planning control, on the appointed day. Class VI-Repairs to roads and ways The carrying out of works required Standard conditions Nos. 1 and 2. for maintenance or improvement of roads or ways not under the control of a highway authority being works carried out on land within the existing .limits of such roads or ways. Class VII-Rebuilding of existing buildings and plant The rebuilding, restoration or repla-j , The cubic content of the works or cement of buildings, works or plant shall not be increased by plant which were in existence more than ten per centum. on the appointed day. 2. There shall be no material altera tion from the external appear ance, as on the appointed day except with the approval of the local authority or liaison commit tee. Class VllI-Development of local 3. Standard conditions Nos. 1, 2 authority and 3. 1. The erection or construction and Standard condition Nos. 1, 2 and 3. the maintenance, improvement or other alteration by a local autho rity of: (i) Such buildings, works and equipment as are required on land belonging to or maintained by them for the purposes of any related and appropriate functions exer cised by them on that land; (ii) Lamp stands, fire alarms, Standard condition No.2. public drinking fountains, street name plates, refuse bin or baskets, information kiosks, passenger shelters, public shelters and seats, barrier for the control of Kenya Subsidiary Legislation, 1998 persons who are waiting to enter public vehicles and such other similar structures or works as may be required in connection with the operation of any public service. 2. The deposit by a local Standard condition Nos. 1 and 2. authority of waste material or refuse on any land comprised in a site which was used for that purpose otherwise than in contra vention of planning permission. PART II STANDARD CONDITIONS 1. This permission shall not authorize any development which involves the formation laying out or material widening of a means of access to a main or district road as defined in the Roads and Road Traffic Act or a public street as defined in the Street Adoption Act. 2. No development shall be carried out which creates an obstruction to the view of persons using any road used by vehicular traffic at or near any bend, corner, junction or intersection of any roads so as to be likely to cause danger to such persons. 3. No part of any buildingshall project beyond any building line laid down for the holding or plot. PART III 1. In residential use zones for the erection of dwelling-houses only, the subdivision of land shall not be less than approved plot sizes. 2. The minister is satisfied that adequate provision for parking, loading and unloading of vehicles in the case of indust rial and commercial buildings or uses has been made. This part shall apply only to areas where development plan. Class IX-Conforming Deve lopment Where a layout or subdivision plan has been lawfully appro ved and any conditions cogtai ned in such approval have been fulfilled the erection in any zone of purpose for which the permission of the local authority is not normally required by the approved written document. there is an appproved 3. The approval of the local authority to the external design appearance and mate rials in the case of commercial buildings and uses has been obtained. Kenya Subsidiary Legislation, 1998 4. If the development is likely to affect adversely any land in the area of any local authority or is likely to create or attract traffic which will result in a material increase in the volume of traffic entering or leaving a main road or using a level cros sing over a railway the provi sions of regulation 7 of Deve lopment Permission shall first be complied with. Made on the 13th July, 1998. N. K. NGALA, Minister for Lands and Settlement.