ADVOKS GLOBAL · KENYA
Physical and Land Use Planning (Development Control Around Strategic Installations) Regulations
6. Application for development permission
Edition: 2022-12-31 · In force
6. Application for development permission
(1)Where the County Executive Committee Member issues an advisory under regulation 5 (2), the applicant may submit the detailed application to the County Executive Committee Member for consideration and pay the prescribed fees.(2)The application under subregulation (1) shall be submitted in the following format—(a)each document contained in the application shall be paginated;(b)each document sent in electronic form shall—(ii)not be password protected(iv)be capable of being reproduced in A4 size paper without losing accuracy;(v)be limited to 25 Mb per file except for a geo-database or shapefile document; and(vi)have images of with a resolution of at least 1,200 printer dots per square inch; and(c)each plan contained in the application shall be geo-referenced.(3)Each digital plan contained in the application shall embed an electronic signature or a manual signature on a document that is scanned for electronic submission by the author.(4)Where due to a reasonable cause that may include a system prolonged down time, resulting in the applicant’s inability to submit an application electronically, the applicant may submit a paper copy of the application to the County Executive Committee Member and give reasons for the inability within fourteen days from the date of application.(5)Upon receipt of the application, the County Executive Committee Member shall invite comments from relevant authorities and agencies including the Director-General.(6)The comments sought under subregulation (5) shall be submitted to the County Executive Committee Member within fourteen days after the request by the County Executive Committee Member.(7)After receiving a copy of the application under regulation 4 (3), the Director-General shall request comments from the head of the ministry, department or agency responsible for the strategic installation and the committee constituted under section 8 (3) to consider and give comments on the application.(8)The Director-General shall submit comments on the request under subregulation (5), which shall take into consideration the comments of the relevant ministry, department or agency responsible for the strategic installation and the forum within the period specified in paragraph (6) to the County Executive Committee Member.(9)When considering an application for development permission, a County Executive Committee Member shall also take into consideration the comments sought under subregulation (6) before granting development permission.(10)A person shall not undertake any development in the area around a strategic installation without development permission from the relevant County Executive Committee Member.(11)Where a service provider receives a request for connection to a development around a strategic installation, the service provider shall confirm that development permission has been granted before making the connection.