AGADVOKS GLOBALKENYA · ENGLISH
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Physical and Land Use Planning (Development Control Around Strategic Installations) Regulations

9. Monitoring

Edition: 2022-12-31 · In force

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9. Monitoring

(1)The County Executive Committee Member shall monitor the implementation of approved developments in areas adjacent to strategic installations to ensure that they comply with the conditions of development permissions and prepare status reports thereon.
(2)The County Executive Committee Member shall transmit copies of the status reports prepared under subregulation (1) to the Director-General.
(3)The Director-General may, on his or her own motion, or on request from the head of the ministry, department or agency responsible for the strategic installation, or on the basis of the status report transmitted under subregulation (2), convene a meeting with the respective County Executive Committee Member, a representative from the ministry, department or agency and the developer if—
(a)a developer commences development without development permission; or
(b)the development does not comply with the conditions of the development permission.
(4)Where a developer commences development in an area adjacent to a strategic installation without development permission or does not comply with the conditions of the development permission, the County Executive Committee Member may, by notice in writing—
(a)direct that the developer shall cease all operations until the developer has complied with the provisions of these Regulations;
(b)specify the measures the developer shall be required to take in order to comply with the conditions of the development permission with a period to be specified by the County Executive Committee Member;
(c)specify the measures the developer shall take to regularise the development and the period within which the regularisation shall take place; or
(d)require the demolition or alteration of the development or works or the discontinuance of any use of the subject land or the carrying out of any other activities within a period to be specified by the County Executive Committee Member.
(5)The determination of the County Executive Committee Member made under subregulation (4) shall be transmitted to the Director-General and the head of the ministry, department or agency responsible for the strategic installation.
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Source: Kenya Law