ADVOKS GLOBAL · KENYA
Physical and Land Use Planning Act
52. Declaration of a Special Planning Area
Edition: 2022-12-31 · In force
52. Declaration of a Special Planning Area
(1)A county government may, on its own motion or as may be requested by the national government or the National Physical and Land Use Planning Consultative Forum, declare an area as a special planning area if—(a)that area has unique development, natural resource, environmental potential or challenges;(b)that area has been identified as suitable for intensive and specialized development activity;(c)the development of that area might have significant effect beyond that area's immediate locality;(d)the development of that area raises significant urban design and environmental challenges; or(e)the declaration is meant to guide the implementation of strategic national projects; or guide the management of internationally shared resources.(2)Where a county government has declared an area as a special planning area, the county executive committee member may, by notice in the Gazette, suspend for a period of not more than two years any development in the special planning area until a physical and land use development plan in respect of that area has been approved.(3)Despite subsection (2), where planning permission has been granted in an area declared to be a special planning area before the declaration is made, the permitted development shall be permitted to continue but only if planning permission was granted more than six months before the declaration of the special planning area.(4)The county government shall declare an area as a special planning area by notice in the Gazette and in at least two newspapers of national circulation and the notice shall specify the area declared as a special planning area and the nature of the proposed development for which the declaration has been made.(5)A county planning authority may publish such Regulations as may be necessary to promote public participation during the process of declaring an area a special planning area.(6)A physical and land use development plan prepared for a special planning area shall undergo the process of approval in accordance with section 49 of this Act.