Physical and Land Use Planning (Advertisement) Regulations

These Regulations may be cited as the Physical and Land Use Planning (Advertisement) Regulations.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 242 of 2021
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

These Regulations may be cited as the Physical and Land Use Planning (Advertisement) Regulations. Defines the phrase: "Section on or above the roof, parapet or eaves of a building or extends above the roof line of a building, and is conspicuously visible from any street or building below." These Regulations aim to implement Part IV and to set out the application and approval process for development permission for advertisements. When considering an application, assess whether the proposed advertisement is compatible with the amenity of the immediate neighbourhood. Applications for billboards, beam advertisements, sky-signs or wall wraps must be made to the County Director on behalf of the County Executive Committee Member using Form PLUPA DC 16, and must include specified supporting documents and fees.

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Provisions of Physical and Land Use Planning (Advertisement) Regulations

Showing 21 of 21

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: These Regulations may be cited as the Physical and Land Use Planning (Advertisement) Regulations.

Section 1. Citation Section These Regulations may be cited as the Physical and Land Use Planning (Advertisement) Regulations.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: Defines the phrase: "Section on or above the roof, parapet or eaves of a building or extends above the roof line of a building, and is conspicuously visible from any street or building below."

Section 2. Interpretation Section on or above the roof, parapet or eaves of a building or extends above the roof line of a building, and is conspicuously visible from any street or building below; and
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PRELIMINARY - 3. Object of the Regulations

AI-assisted research summary: These Regulations aim to implement Part IV and to set out the application and approval process for development permission for advertisements.

Section 3. Object of the Regulations Section The object of these Regulations is to give effect to Part IV and to provide for the process of application and approval of development permission for advertisements.

Part II

PROCESSING OF ADVERTISMENT APPLICATIONS

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PROCESSING OF ADVERTISMENT APPLICATIONS - 10. Consideration of applications

AI-assisted research summary: When considering an application, assess whether the proposed advertisement is compatible with the amenity of the immediate neighbourhood.

Section 10. Consideration of applications Section the compatibility of the proposed advertisement with the amenity of the immediate neighborhood;
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PROCESSING OF ADVERTISMENT APPLICATIONS - 11. Applications for billboards, sky signs and wall wraps

AI-assisted research summary: Applications for billboards, beam advertisements, sky-signs or wall wraps must be made to the County Director on behalf of the County Executive Committee Member using Form PLUPA DC 16, and must include specified supporting documents and fees.

Section 11. Applications for billboards, sky signs and wall wraps Section 11(1) An application for a billboard, beam advertisement, sky-sign or wall wrap shall be made to the County Director on behalf of the County Executive Committee Member in Form PLUPA DC 16 as set out in the Schedule. Section 11(2)(a) a planning report prepared by a registered physical planner; Section 11(2)(b) the location plan of the site; Section 11(2)(c) architectural plans prepared by a registered architect, where applicable; Section 11(2)(d) structural designs with calculations prepared by a registered structural engineer and accompanied by a duly filled indemnity form, where applicable; Section 11(2)(e) geotechnical survey where applicable prepared by a registered geologist or its equivalent to ascertain the structural integrity of the foundation and in the case of wall wraps and sky-signs the integrity of the building, where applicable; Section 11(2)(f) payment of stipulated fees; Section 11(2)(g) a copy of certificate of lease or certificate of title or any other ownership document, where applicable; Section 11(2)(h) recommendation to site a billboard on a road reserve from the relevant road authority or agency; Section 11(2)(i) for a beam advertisement, the applicant shall submit an environmental and social assessment license; and Section 11(2)(j) any other supportive document as may be required by the County Director.
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PROCESSING OF ADVERTISMENT APPLICATIONS - 12. Application for directional signs and signage, wall branding

AI-assisted research summary: Applications for a directional sign, signage or wall branding must be made to the County Director on behalf of the County Executive Committee Member in Form PLUPA DC 16 as set out in the Schedule.

Section 12. Application for directional signs and signage, wall branding Section 12(1) An application for a directional sign, signage or wall branding shall be made to the County Director on behalf of the County Executive Committee Member in Form PLUPA DC 16 as set out in the Schedule. Section 12(2)(a) the location plan; Section 12(2)(b) a sample of the advertisement; Section 12(2)(c) a photograph of the building if it is being advertised on the building; and Section 12(2)(d) the relevant fee.
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PROCESSING OF ADVERTISMENT APPLICATIONS - 13. Other applications

AI-assisted research summary: Applications for all forms of advertisements (except those specified elsewhere) must be made to the County Director on behalf of the County Executive Committee using Form PLUPA 16; applications received must be entered in a register; if requested information is not provided within a two-month period the application is regarded as withdrawn.

Section 13. Other applications Section 13(1) All forms of advertisements other than the advertisements specified in the Act and these Regulations including posters, banners and teardrops shall be made to the County Director on behalf of County Executive Committee in Form PLUPA 16 as set out in the Schedule. Section 13(2)(a) the design of the advertisement; and Section 13(2)(b) the relevant fees. Section 13(3) All applications received shall be entered in a register. Section 13(4) Where the information requested by the County Director in order to process a signage application is not provided within a two-month period from the date of the application, the application shall be regarded withdrawn.
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PROCESSING OF ADVERTISMENT APPLICATIONS - 14. Circulation for advertisement

AI-assisted research summary: County Director must pre-vet advertisement applications, issue a submission certificate (or raise issues if unsatisfactory), circulate billboard/sky sign/wall wrap applications to listed agencies where applicable, and the relevant agencies must comment within fourteen working days.

Section 14. Circulation for advertisement Section 14(1) Upon receipt of an application for advertisement the County Director shall undertake pre-vetting exercise to ensure that the application meets thresholds set out in Form PLUPA DC-16 in the, any other policies and approved Physical and Land Use Plans. Section 14(2) The County Director shall issue submission certificate in Form PLUPA/DC/5 set out in the Schedule to the applicant acknowledging receipt of the application and where the application is unsatisfactory, the County Director on behalf of the County Executive Committee Member shall raise issues and require the applicant to address them. Section 14(3) An application for billboards, sky signs and wall wraps shall be circulated, where applicable, by the County Director to the Kenya Rural Roads Authority, Kenya National Highways Authority, Kenya Urban Roads Authority, National Museums of Kenya, Kenya Airports Authority, Kenya Civil Aviation Authority, Communication Authority of Kenya and any other relevant agencies. Section 14(4) The relevant agencies referred to in paragraph (3) shall give their comments within fourteen working days in accordance with section 60 (2) of the Act.
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PROCESSING OF ADVERTISMENT APPLICATIONS - 15. Approvals, refusals and rejections

AI-assisted research summary: The County Director must consider applications and issue approvals in Form PLUPA DC-17 and may impose conditions; approvals lapse if an approved advertising sign is not erected within three months (or within a time specified) and approvals cease after five years from grant.

Section 15. Approvals, refusals and rejections Section 15(1) Upon receipt of comments in accordance with regulation 14(4), the County Director shall consider the application and issue approval in Form PLUPA DC-17 as set out in the Schedule and may impose such conditions thereon as may be necessary in the circumstances. Section 15(2) An approval granted under paragraph (1) shall lapse where an approved advertising sign is not erected within three months from the date of approval or within a time specified in the approval. Section 15(3) An approval granted under paragraph (1) shall be for the period specified in the approval: Provided that the approval shall cease to be in force after five years from the date the approval is granted.
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PROCESSING OF ADVERTISMENT APPLICATIONS - 16. Cancellations and amendments

AI-assisted research summary: The approving authority may cancel or amend advertisement approvals for specified reasons (environmental/amenity harm; danger to public/pedestrians; obstruction of signs or features or visual lines; obscuring pedestrian infrastructure; contravention of Article 66(1); or other compelling reasons). A person aggrieved by a County Executive Committee Member's decision may appeal to the respective liaison committee.

Section 16. Cancellations and amendments Section 16(1)(a) has become detrimental to the environment or the amenity of the neighborhood by reason of size, intensity of illumination, quality of design or materials or for any other reason; Section 16(1)(b) constitutes or becomes a danger to the public or the safety of pedestrians; Section 16(1)(c) obstructs existing signs, natural features, architectural features or visual lines of civic or historical interest; Section 16(1)(d) if the advertisement obscures pedestrian infrastructure; Section 16(1)(e) contravenes Article 66 (1) of the Constitution; or Section 16(1)(f) any other reason the approving authority may consider compelling. Section 16(2) A person aggrieved by the decision of the County Executive Committee Member may appeal to the respective liaison committee.
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PROCESSING OF ADVERTISMENT APPLICATIONS - 4. Permitted advertisements

AI-assisted research summary: Lists permitted types of advertisements and size/time/placement conditions (e.g. premises notices with letters ≤0.3 m and ≤10 words; office notice boards ≤0.3 sq. m total; hawkers allowed two signs with a permit but must remove them daily; advertiser must notify planning authority 14 days before and display an onsite notice of specified dimensions).

Section 4. Permitted advertisements Section 4(1)(a) notices or signs to be displayed on any premises for the purpose of advertising the fact that a person, partnership or company is carrying on a profession, business or trade at those premises provided that the letters are not greater than 0.3 m. (12 inches) in depth and contains not more than 10 words; but if there is more than one entrance to the premises on different road frontages, two advertisements of 0.3m. (12 inches) in depth of a square meter each may be displayed (on a separate frontage); Section 4(1)(b) in the case of offices, a notice board displayed at the entrance of each floor to the premises not exceeding 0.3 sq. m. (3 sq. ft.) total for all occupiers; Section 4(1)(c) any advertisement displayed within a building or on an enclosed land or building not visible from a street, notices in connection with medical, recreational, educational, religious, cultural hostel, guest house block of flats, provided that the advertisement is displayed at the premises and does not exceed 1.5 square meters in area; however, if there is more than one entrance to the premises on different road frontages, two advertisements of 1.2 square meters each may be displayed (each on a separate frontage). Section 4(2) An advertisement for hawkers once a permit has been issued in terms of the relevant by-laws which is limited to two signs per hawker and the hawker must remove daily at close of business of such hawker. Section 4(3) Poster-hoardings which are being used to screen building or construction sites while the work is being carried out on site for a maximum period of twenty-four months, must be displayed not more than one month before works commence, more than fifty square meters in surface area and more than four meters above the ground and should in addition be non-reflective such that they do not flash or cause glare to pedestrians, cyclists and motorists. Section 4(4) The advertiser shall submit written notification to the planning authority of intention to display such an advertisement at least fourteen days before the display starts, and display an onsite notice measuring one hundred and twenty centimeters by seventy centimeters and a height of one hundred and seventy centimeters from the ground of the planning permission. Section 4(5)(a) not more than thirty meters above the ground; Section 4(5)(b) not displayed for more than fifteen days in any calendar year; Section 4(5)(c) not displayed in a conversation area, world heritage site, gazetted national monument. Section 4(6) Temporary directional signs intended to direct pedestrians, motorists, and other passersby to an assembly, gathering, activity, or meeting sponsored, arranged, or promoted by a religious, charitable, community service, educational, medical or other similar non-profit organization. Section 4(7) Temporary directional signs may be displayed no more than 48 hours before the event and no more than twenty-four hours afterward.
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PROCESSING OF ADVERTISMENT APPLICATIONS - 5. Consent to display

AI-assisted research summary: An advertisement must not be displayed on public or private land without the written consent of the owner of the land.

Section 5. Consent to display Section An advertisement shall not be displayed on public or private land without written consent of the owner of land.
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PROCESSING OF ADVERTISMENT APPLICATIONS - 6. Exceptions

AI-assisted research summary: Permits a sign that identifies the functions or property of a government department, public authority, or county government, but excludes a promotion sign displayed at the direction of those offices.

Section 6. Exceptions Section a sign identifying the functions or property of a government department, public authority or county government but not a promotion sign displayed at the direction of any of these offices;
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PROCESSING OF ADVERTISMENT APPLICATIONS - 7. Siting of advertisements

AI-assisted research summary: Enumerates siting conditions and locations concerning advertisements, listing specific situations (e.g. obstructing views, distracting drivers, obscuring signage, obstructing pedestrians, proximity limits such as within seventy meters of traffic control lights and one hundred meters from roundabouts) where advertisements are regulated.

Section 7. Siting of advertisements Section 7(1)(a) obstruct a driver’s, pedestrian’s or cyclist’s view, of the road; Section 7(1)(b) to a road hazard; Section 7(1)(b)(i) to a road hazard; Section 7(1)(b)(ii) to an intersection; Section 7(1)(b)(iii) to a traffic control devices and road signage Section 7(1)(b)(iv) to an emergency vehicle access point; Section 7(1)(c) distract a driver from or reduce the visibility and effectiveness of traffic control devices and road signage; Section 7(1)(d) obscure or hinder interpretation of an aid to navigation by water or air; Section 7(1)(e) hinder the operation of any device used for the purpose of security or surveillance; Section 7(1)(f) obscure information about the road alignment; Section 7(1)(g) interfere with stopping sight distance for the road’s design speed or the effectiveness of a traffic control device Section 7(1)(h) distract a driver’s attention away from the road environment for an extended length of time Section 7(1)(i) cause the driver’s or cyclist’s head to turn away from the road and the components of the traffic stream in order to view its display or message; Section 7(1)(j) creates headlight reflections in the driver’s, cyclist’s or pedestrian’s line of sight; or Section 7(1)(k) obstructing the movement of pedestrians or bicycle riders; Section 7(1)(k)(i) obstructing the movement of pedestrians or bicycle riders; Section 7(1)(k)(ii) protruding below a bridge or other structure so it could be hit by trucks or other high bodied vehicles; or Section 7(1)(k)(iii) protruding laterally into the transport corridor. Section 7(2)(a) less than the safe sight distance from an intersection, merge point, exit ramp, traffic control signal or sharp curves; Section 7(2)(b) less than the safe stopping sight distance from a marked foot crossing, pedestrian crossing, pedestrian refuge, cycle crossing, cycle way facility or hazard within the road environment; Section 7(2)(c) in a manner that may be dangerous to any person who may use any road, railway, waterway, harbor, dock, jetty, or airfield; Section 7(2)(d) in a manner that is not out of scale, out of place or unduly dominant; Section 7(2)(e) on medians, traffic islands, pedestrians’ crossings and where carriage ways diverge including footpaths and pedestrian walkways; Section 7(2)(f) within seventy meters of traffic control lights and not less than one hundred meters from the outer width of a roundabout; Section 7(2)(g) on an interchange and roundabout; Section 7(2)(h) in a manner that causes obstruction of lighting or ventilation or reduce quality of air and ventilation; Section 7(2)(i) in a manner that obstruct fire safety access points; Section 7(2)(j) in a manner that obscures any other advertisement approved by the planning authority; and Section 7(2)(k) in a manner that obscures or is incompatible with any feature which has natural, cultural, architectural, historical or heritage significance; Section 7(3) All forms of advertisements on national trunk roads shall be erected in accordance to the provisions of the Kenya Roads Act (Cap. 408).
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PROCESSING OF ADVERTISMENT APPLICATIONS - 8. Siting of billboards

AI-assisted research summary: Billboards must be sited at minimum distances: 250 metres apart along classes S, A and B roads and within 1 km of municipal/town/market boundaries; 100 metres apart along urban trunk road corridors; and billboards are not permitted in residential areas, rooftops or recreational areas.

Section 8. Siting of billboards Section 8(1) Billboards along classes S, A and B roads and within one kilometer radius of the boundary of a municipality, town or market center irrespective of the classification of the road, shall be erected at a minimum distance of two hundred and fifty meters from each other. Section 8(2) Billboards along urban trunk road corridors shall be erected at a minimum distance of hundred meters from each other. Section 8(3) Billboards shall not be permitted in residential areas, rooftops or recreational areas.
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PROCESSING OF ADVERTISMENT APPLICATIONS - 9. Safety of advertisement signs

AI-assisted research summary: Advertisement signs must meet safety requirements including periodic inspection and certification, be kept clean and painted in permitted colours, not use flickering/flashing/running lights without written approval from agencies under the Kenya Roads Act, be shielded so external light is not directed at approaching pedestrians, cyclists or motorists, and be designed so external light points downward and is focused on the sign to minimize light escape.

Section 9. Safety of advertisement signs Section 9(1)(a) be subject to periodic inspection, testing and certification as determined by the relevant authority that deals with electrical installations; Section 9(1)(b) be maintained in a clean, tidy and safe condition including painting it with colors permitted by the planning authority; and Section 9(1)(c) not be illuminated or decorated by means of flickering, flashing or running lights except with written approval of the agencies established under Kenya Roads Act (Cap. 408). Section 9(2)(a) be shielded to ensure the external light sources are not directed to approaching pedestrians, cyclists and motorists; and Section 9(2)(b) be designed in a manner to ensure that external light shall point downward and not upward and focused directly on the sign to prevent or minimize escape of light beyond the sign.

Part III

GENERAL PROVISIONS

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GENERAL PROVISIONS - 17. Restoration to original state

AI-assisted research summary: Applicants for approved functional advertisements and similar functions must remove and clean all materials to the satisfaction of the approving authority within fourteen days after the function ends, and must sign a commitment in Form PLUPA DC 18.

Section 17. Restoration to original state Section 17(1) For functional advertisement such as political campaigns, social or cultural functions, religious functions, entertainment, business promotions among others that have been approved, the applicant shall within fourteen days of ending of the function be required to remove and clean all material to the satisfaction of the approving authority. Section 17(2) The applicant shall sign a commitment in Form PLUPA DC 18 set out in the Schedule Section 17(3) Failure to comply with these regulations is an offence under section 67 of the Act.
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GENERAL PROVISIONS - 18. Appeals

AI-assisted research summary: A person aggrieved by a county executive committee member's decision not to allow a permitted advertisement may lodge an appeal within fourteen days to the county physical and land use planning liaison committee, but an applicant has no right of appeal if the application was treated as withdrawn because it is substantially similar to one refused on the same site within the preceding year.

Section 18. Appeals Section 18(1) Any person aggrieved by a decision by the county executive committee member for failure to allow a permitted advertisement may within fourteen days of receiving the decision lodge an appeal in the county physical and land use planning liaison committee. Section 18(2) Notwithstanding subregulation (1), an applicant has no right of appeal if the county executive committee member informs the applicant that the planning authority treated the application as withdrawn because it is similar, in all relevant respects to one on the same site which has been refused by the county physical and land use planning liaison committee on appeal within the preceding one year.
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GENERAL PROVISIONS - 19. Advertisement that is integral to a building

AI-assisted research summary: An advertisement that is an integral part of a building's fabric, but not one fixed to or painted on the building, is not regarded as incorporated in the building's fabric.

Section 19. Advertisement that is integral to a building Section An advertisement which is an integral part of a building fabric, but does not include an advertisement fixed to, or painted on, a building is not to be regarded as incorporated in its fabric.
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GENERAL PROVISIONS - 20. Election advertisements

AI-assisted research summary: Candidates must ensure election signs are removed within fourteen days after the date elections are held.

Section 20. Election advertisements Section 20(1) Election advertisements with a maximum surface area of six square meters may be placed on undeveloped land, streets and sidewalks, except on classes S, A, B and C road reserves. Section 20(2) The candidate shall ensure that election signs are removed within fourteen days of the date elections are held.
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GENERAL PROVISIONS - 21. Standard conditions

AI-assisted research summary: Any advertisement displayed and any site used for display of advertisement must be maintained in a clean and tidy condition to the reasonable satisfaction of the planning authority.

Section 21. Standard conditions Section any advertisement displayed and any site used for display of advertisement, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the planning authority;

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