Physical and Land Use Planning (National Physical and Land Use Development Plan) Regulations

Section 1. Citation Section These Regulations may be cited as the Physical and Land Use Planning (National Physical and Land Use Development Plan) Regulations.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "electronic" has the meaning assigned to it under section 2 of the Kenya Information and Communications Act (Cap. 411A); "Consultative Forum" means the National Physical and Land Use Planning Consultative Forum established under section 6 of the Act; and "Plan" means the National Physical and Land Use Development Plan.

Section 3. Object of the Regulations Section The object of these Regulations is to provide a framework for preparation, content, approval, implementation and forms thereof of the National Physical and Land Use Development Plan pursuant to sections 21, 22, 23, 23, 25, 26, 27 and 28 of the Act.

Section 4. Planning area Section In defining the scope and the geographic area of the Plan, the Director-General of Physical and Land Use Planning shall delineate the planning area through the services of the Director of Survey.

Section 5. Concept paper on the Plan Section 5(1) The Director-General of Physical and Land Use Planning shall forward the concept paper on the Plan to the Consultative Forum pursuant to section 23 (1)(d) of the Act for the purpose of obtaining the input of the Consultative Forum within a period of thirty days from the date of receipt of the concept paper on the plan. Section 5(2) The Director-General shall upon receiving input on the concept paper on the plan from the Consultative Forum notify the Cabinet Secretary of the input in writing.

Section 6. Notice of Intention Prepare Plan Section The Cabinet Secretary shall upon receipt of the concept paper on the plan under regulation 6 (2) publish in the Gazette and in at least two newspapers of national circulation and through electronic media a notice of intention to plan in form PLUPA 1 as set out in the First Schedule.

Section 7. National security Section 7(1) Where the Plan touches on, relates to, borders, involves or in any way affects safeguarding areas or national security, the Consultative Forum shall submit the Draft Plan to the National Security Council for comments. Section 7(2) The National Security Council shall give its comments on the Draft Plan submitted under subregulation (1) within a period of fourteen days from the date of receipt.

Section 8. Notice of Completion of Draft Plan Section 8(1) The Cabinet Secretary shall pursuant to section 25 (1) of the Act, by notice in the Gazette and in at least two newspapers of national circulation and through electronic media notify the public that the Draft Plan is available for inspection and submission of comments in Form PLUPA 2 as set out in the First Schedule. Section 8(2) The notice under subregulation (1) shall specify the manner by which comments on the Draft Plan may be sent to the Cabinet Secretary.

Section 9. Notice of publication of the revised plan Section The Cabinet Secretary shall publish a notice in the Gazette and in at least two newspapers of national circulation and through electronic media pursuant to section 25 (3) of the Act in Form PLUPA 3 as set out in the First Schedule.

Section 10. Final consultation with the Consultative Forum Section 10(1) The Cabinet Secretary shall pursuant to section 26 (1) of the Act submit the Draft Plan to the Consultative Forum for its final comments within thirty days after the period for considering and incorporating comments in the Plan has elapsed. Section 10(2) The Consultative Forum shall consider and submit its final comments on the draft Plan to the Cabinet Secretary in form PLUPA-4 as set out in the First Schedule.

Section 11. Parliamentary approval Section Upon obtaining Cabinet approval, the Cabinet Secretary shall submit the Draft Plan to the National Assembly for approval.

Section 12. Publication of approval Section The Cabinet Secretary shall pursuant to section 26 (5) of the Act publish the duly approved plan by the National Assembly in form PLUPA5 in a notice in the Gazette and in at least two newspapers of national circulation and through electronic media, within fourteen days from the date of approval.

Section 13. Status report Section the extent of the implementation of the plan;

Section 14. Structure and technical specifications Section Further to the provisions of section 24 (1) and the First Schedule to the Act, the structure of the final Plan report and the technical specifications on maps shall be as set out in the Second schedule.

Section 15. Notice of preparation of strategic national installation and projects Section 15(1) The Director-General shall, before preparing a strategic national installation and project plan pursuant to section 13 (g) of the Act, publish a notice of intention to plan in Form PLUPA 6 of the First Schedule. Section 15(2) Notwithstanding any form of publication for the intention to prepare a strategic national installation and project plan, sensitization may be conducted for members of the public to create awareness.

Section 16. Stakeholder involvement Section 16(1)(a) sensitization and developing consensus; Section 16(1)(b) creating awareness; Section 16(1)(c) identifying issues; and Section 16(1)(d) clarifying objectives of the plan. Section 16(2) To ensure effective participation by stakeholders, the Director-General shall identify key stakeholders and their interests and assess potential impact of the plan on the stakeholders.

Section 17. Notice of completion of the draft plan Section 17(1) Within thirty days of the completion of draft strategic national installation and project plan, the Director-General shall publish a notice in the Gazette and in at least two newspapers of national circulation informing the public that the plan is available at the place and time specified in the notice for inspection and that any interested person may, within fourteen days, comment on the content of the plan. Section 17(2) The notice in subregulation (1) shall be in Form PLUPA 7 as set out in the First Schedule. Section 17(3) Within twenty-one days of the expiry of the period for making comments under subregulation (1), the Director-General shall consider the comments made and may incorporate them.

Section 18. Circulation of the draft plan Section 18(1) Within fourteen days of incorporating the comments under regulation 18 (3), the Director-General shall circulate the draft strategic national installation and project plan to ministries, departments, public agencies and statutory bodies for comments. Section 18(2) Comments made on the circulated draft strategic national installation and project plan under subregulation (1) shall be submitted to the Director-General in written or electronic form within sixty days of circulation. Section 18(3) Within twenty-one days of the expiry of the period for comments received under subregulation (2), the Director-General shall consider the comments made and where necessary incorporate them in the plan.

Section 19. Notice of completion of the draft plan Section Within seven days of making a decision under regulation 19 (3), the Director-General shall publish a notice in the Gazette and in at least two newspapers of national circulation informing the public that a decision on the comments received has been considered and that the reviewed draft strategic national installation and project plan is available for perusal at the place and time specified in the notice.

Section 20. Approval of the plan Section Within fourteen days of the notice under regulation 20, the Director-General shall submit the draft strategic national installation and project plan to the Cabinet Secretary for approval as provided under section 69 (4) of the Act.

Section 21. Appeals Section 21(1) Any person dissatisfied with the decision of the Director-General may appeal to the National Physical and Land Use Planning Liaison Committee within fourteen days and the committee shall consider the application and make its determination within sixty days of the receipt of the application. Section 21(2) The appeal under subregulation (1) shall be made in Form PLUPA LC-1A as set out in the First Schedule, setting out the grounds and the reliefs sought. Section 21(3) The National Physical and Land Use Planning Liaison Committee shall consider the appeal and communicate its decision to the dissatisfied party in Form PLUPA LC-4(a). Section 21(4) Any person dissatisfied with the decision of the National Physical and Land Use Planning Liaison Committee may, within fourteen days of the decision, appeal to the Environment and Land Court.

Section 22. Approval of the strategic national installation and project plan Section The Director-General shall issue a certificate in Form PLUPA 8 as set out in the First Schedule, confirming that the Cabinet Secretary has approved the Plan.

Section 23. Forms Section The forms contained in the First Schedule shall be used for purposes specified in these Regulations and may be used in paper and electronic format for the purposes of these Regulations.