Services Offered within the Physical Planning

PHYSICAL PLANNING

The services offered within the Physical Planning section include the following:

Public Advisory on Physical Planning matters such as zoning and requirements for submission of application for development
Approval of applications for development including the following:
Building Plans
Change of Use
Extension of use
Extension of lease
Renewal of lease
Sub Division
Amalgamation
Excavation
Hoarding
Outdoor Advertisement

4.1.1. DEVELOPMENT CONTROL PROCESS

The following is the process for submission and approval of development applications. The stages are illustrated on the flow chart.

Planning Advisory

The relevant Cub County Physical Planner issues the client with Advisory on zoning, requirements for development application and fees and charges expected.

Application Submission

The client seeks professional services from either a Practicing Physical Planner, Architect or Structural Engineer depending on the nature of application. The professional, after preparing the application for development in accordance with existing legal and professional standards, fills in application for development (Form PPA1). The application is then submitted to the Relevant Sub County Physical Planning Office. A sample PPA1 Form is attached.

Pre-Processing

The application is submitted to the relevant Sub County Planning office and subjected to pre-processing. At this stage, the application is judged against minimum requirements for submission such as attaching copy of title, original search, survey plan, adherence to minimum setbacks and building lines, adequate no. of drawings etc. A sample requirements for submission from Mavoko is attached. If the, minimum requirements have not been met, the applicant is issued with a letter specifying the items to be fulfilled before the application can be officially received. Samples of requirements for submission for each of application for development is attached.

Receiving

Once the application is received, a pre-processing of the application is carried out to ascertain if the documents submitted meet the minimum requirements for submission. The application is received and filed if all requirements for submission are met and plot is registered.

Invoicing

An official invoice is issued as per the application submitted. If the plot is registered in the LIAFORM System, the file for the property is retrieved from the registry for reference purposes during invoice preparation. In the event an application for development is on a plot of land not registered, the payment invoices include Registration fees and land rates bill. This will facilitate creation of a new file for the property.

Invoices are issued separately per department as follows; Planning, Engineering, Fire and Emergency, Registration, Land Rates. Sample invoices from Mavoko Sub County are attached.

Payment

Once the applicant is issued with the invoice, payments are done either by MPESA paybill number or through bank deposit.

Circulation

The relevant sub County Planner issues a circulation letter to relevant offices such as survey, engineering, public health, fire & emergency and environment offices for technical comments. These comments will be discussed in the approval meeting and will form the approval conditions on the notification of approval (Form PPA2, sample attached).

Booking Town planning Meeting

After all the files are have circulated to the relevant technical offices for comments, the development applications are booked for town planning meeting in the (booking register).

Town Planning meeting

Town Planning meeting are held once every 2 weeks in Mavoko whereas in other sub counties, it depends on the number of applications submitted. The applications booked for the meeting are discussed by the relevant offices who either recommend or refuse to recommend for approval. Also, objections from the public against certain development applications are read and discussed for consideration during this meeting. Enforcement actions such as arrests, demolitions are also discussed. Attached, is a list of members of the Town Planning Committee.

Notification of approval

After the Town Planning meeting is held, the relevant sub county planner issues notification of approval to all the applications for development that were recommended for approval. A sample notification of approval (Form PPA2 is attached in the appendices).

Notification of commencement

Once the developer has received notification of approval and is ready to commence development, he/she submits to the county government a notification of commencement. It is at this stage that authorities for excavation, hoarding and site store/house are given.

Inspection

Once the developer has commenced development such as building works, building inspectors inspect the progress of construction at every stage of construction to ensure that development conditions are adhered to and the development is according to the approved plans.

It is at this stage that enforcement notices are issued for non-compliance such as going against development conditions and the approved plans or building without approval. Failure to observe requirements of the notice leads to an enforcement action such as arrests, prosecution and demolitions.

Notification of Completion

The project architect or engineer for the case of buildings issues a certificate of workmanship/completion certificate to the County confirming that the development has been carried out to the acceptable standard. It is at this stage that a certificate of occupation is applied by the project architect or engineer.

For the case of sub-divisions/amalgamations, after the final survey is carried out before registration, the project surveyor applies for certificate of compliance. The certificate shows that the survey has been done in accordance to the approved sub division plan.

Final Inspection

Once a certificate of workmanship/completion certificate is issued by the Architect or Engineer, a final inspection is carried out by planning, public health, environment and Engineering. The respective offices issue inspection reports which either recommend for occupation or refuse occupation of the development. If refused, the developer is advised on what to do in order to ensure the building is safe for occupation.