3/11/2020 Kenya Legal Resources: STATUTES DEALING WITH PHYSICAL PLANNING

Home Law Forum Search Advocate Precedents Write For Us Posts | Comments

Search...

Kenya Legal Resources

STATUTES DEALING WITH PHYSICAL PLANNING

SEARCH

In Kenya there are 3 principle statutes that deal with Physical Planning Custom Search
1. The Land Control Act
2. Physical Planning Act
3. Environmental Management and Coordination Act
Categories

Land Control Act regulates development, use and subdivision of agricultural land, Alternative Dispute Resolution

it was designed to ensure that agricultural land is used and developed in such a banking
way that good husbandry is not compromised. Consequently the process required bankruptcy
that the regulatory institution known as the Land Control Board must be satisfied Civil Procedure
that the user of the land or the prospective user is capable of putting the land to company law
productive agricultural use. For instance the Board may ask for what purposes the conveyancing
land is being purchased and whether it is being put to good use, secondly the cooperative
board must ensure that land is not subdivided into sizes which are not capable of
criminal procedure
being put into agricultural use.
customary law

In practice what has happened is that the Land Control Board for various reasons environment law
has drifted away from monitoring agricultural use and has become a body for Equity
promoting family peace i.e. ensuring that the family is in agreement on whether to Evidence
sell the land. They are not serving the intended purpose. The mechanism of the family law
Land Control Land allows the Land to be used for purposes of environmental insurance
management but it has not been used thus. intellectual property
labour
The Physical Planning Act is a much more comprehensive statute that provides for
law of business associations
physical planning and development control. The Physical Planning Act was
partnership
enacted in 1996 repealing two earlier statutes the Town Planning Act (Planning in
Urban areas) and the Land Planning Act (Planning in rural areas). The Physical property law

Planning Act provides for planning in both urban and rural areas. It came into sale of goods
effect in November 1998 as a response primarily to the outcry relating to the security regulation
excision in Karura Forest. Nevertheless it is now in effect. Institutionally the succession
Physical Planning Act places the functions of Physical Planning in the Office of the Tax
Director of Physical Planning, administratively the director of physical planning is trusts
an officer in the ministry of lands. The Act states that the Director of Physical
Planning is the chief government advisor on all matters related to physical
Updates
planning and in that capacity he shall formulate physical development policies
Tweets by @MyKenyaLaw
prepare physical development plans, advise the Commissioner of Lands on the
alienation of government lands, advise the Commissioner of Lands and Local
authorities on the most appropriate use of land and require local authorities to Archives
ensure the proper execution of physical development control. The Act establishes July (409)
committees known as physical planning liaison committees at National, provincial
and district levels. The function of these committees is to act as an appeal
mechanism from the decisions of the Director of Physical Planning. The
membership of these committees is comprised of permanent secretary as the
chair, the Director as the secretary … it is top heavy full of government people.

The Act provides for three kinds of physical planning

1. Regional Physical Development Plan

2. Local Physical Development Plan
3. A special area physical development plan.

The regional physical development plan is prepared by the director with reference
to any land with the area of authority of a county council for purposes of improving
the land and providing for the proper physical development of such land. It is also
designed to secure provision for transport, public purpose, utilities and services,
dgets commercial, industrial, residential and recreational areas and to make provision for
the use of land for building and other purposes. A regional physical development
plan is prepared for a rural area. The purpose of the plan is to provide for proper
physical development and also to provide for commerce transport etc.

A local physical development plan is prepared with respect to land within the area
of the city, municipal, urban or Town Council or any trading or market centre.

www.kenyalawresourcecenter.org/2011/07/statutes-dealing-with-physical-planning.html 1/2
3/11/2020 Kenya Legal Resources: STATUTES DEALING WITH PHYSICAL PLANNING
Under Section 23 the Director may declare an area with unique development
potential or problems as a special planning area. The declaration of a special
planning area enables the preparation of a physical development plan irrespective
of whether such an area lies within the area of a local authority.

Labels: environment law

Newer Post Home Older Post

Useful Links Like Us on Facebook Contact Form

#WeAreOne Name
Kenya Law Reports
Worldlii
Saflii Email *
Bailii
Lexis Nexis
Jstor Message *

DOAJ
SSRN
Box

Total Pageviews
Send
6,771,282
DISCLAIMER
Kenya Law Resource Center is published as an information resource only. None of the material on this site is expressly or impliedly meant to provide legal advice to
you. Since the material on this site is provided as information only, and laws continuously change from time to time, the author of this website neither expressly nor
impliedly warrants that any of the material provided on this website is accurate. If you are in need of a solution to a legal problem, the author advises that you should
contact a lawyer/advocate/attorney for legal advice.

Copyright © Kenya Legal Resources Using Caribou Theme | Bloggerized by Themescook

dgets

www.kenyalawresourcecenter.org/2011/07/statutes-dealing-with-physical-planning.html 2/2