ADVOKS GLOBAL · KENYA
Physical and Land Use Planning Act
42. Modification of a County Physical and Land Use Development Plan
Edition: 2022-12-31 · In force
42. Modification of a County Physical and Land Use Development Plan
(1)A county executive committee member, on his own motion or on recommendation of the county government, may initiate the modification of a county physical and land use development plan if—(a)there are practical difficulties in the execution or enforcement of that county physical and land use development plan; or(b)there has been a change of circumstances since the county physical and land use development plan was approved.(2)On the approval of the county government, the County Executive Committee member shall publish a notice in the Gazette, in at least two newspapers of national circulation and through electronic media notifying any interested parties of the proposed amendments to the county physical and land use development plan and the period within which interested parties may make representations to the County Executive Committee member.(3)A proposal for amending a county physical and land use development plan shall —(a)state the reasons for the proposed amendment;(b)comply with the relevant provisions of the County Governments Act (Cap. 265); and(c)be in conformity with the National Physical and Land Use Development Plan and all relevant Inter-County Physical and Land Use Development Plans.(4)Where a county executive committee member determines that a proposed amendment to the county physical and land use development plan shall affect other counties, the county executive committee member shall consult the county executive committee members in the counties that are likely to be affected and shall take into account their comments before incorporating the amendment to the county physical and land use development plan.(5)During the process of amending a county physical and land use development plan, the county executive committee member shall ensure public participation.(6)The amended county physical and land use development plan shall be published by the county planning authority in accordance with section 41 of this Act.(7)This section shall not prevent the national government or a person ordinarily resident in a county from proposing an amendment to the county physical and land use development plan.