ADVOKS GLOBAL · KENYA
Physical and Land Use Planning Act
40. Public Participation in the preparation of a county physical and land use development plan
Edition: 2022-12-31 · In force
40. Public Participation in the preparation of a county physical and land use development plan
(1)Within thirty days of the preparation of a county physical and land use development plan, the county planning authority shall publish a notice in the Gazette, in at least two newspapers of national circulation and through electronic media informing the public that the draft county physical and land use development plan is available at the places and times specified in the notice.(2)The county executive committee member shall facilitate public participation.(3)The county executive committee member shall consider the comments made about the draft county physical and land use development plan and may incorporate the comments in the plan.(4)A person aggrieved by a decision of the county planning authority concerning the county physical and land use development plan or matters connected therewith, may within sixty days of receipt by him of notice of such decision, appeal to the county physical and land use planning liaison committee in writing against the decision in such manner as may be prescribed.(5)Subject to subsection (4), the county physical and land use planning liaison committee may reverse, confirm or vary the decision appealed against and make such order as it deems necessary or expedient to give effect to its decision.(6)When a decision is reversed by the county physical and land use planning liaison committee it shall, before making any order under subsection (5), afford the county planning authority an opportunity of making representations as to any conditions or requirements which in his opinion ought to be included in the order, and shall also afford the appellant an opportunity to replying to such representations.(7)Any person aggrieved by a decision of the County Physical and Land Use Planning Liaison Committee under this section may appeal to the Environment and Land Court against such decision in accordance with the rules of procedure for the time being applicable to the High Court.