Physical Planning in Kenya
PLANNING REGULATIONS 1.0 INTRODUCTION
The essence of spatial planning is to create order to development within human settlements which in turn promotes safety, economy and beauty. Certain controls /constraints are necessary if people have to enjoy their freedoms / rights (esp. for the weaker members or land uses). 1.1 Definitions
Planning:
* Basic human activity * Deciding what to do in advance of doing it * Concerned with providing the right site, at the right time, and in the right place, for the right people (Ratcliffe, 1981) * A discipline based on the premise of order, convenience, economy and beauty. * Keeble (1965) described it as the art and science of ordering the use of land and the siting of buildings and communication routes so as to secure the maximum practicable degree of economy, convenience and beauty.
Urban Planning, in this regard, has been defined as a conscious direction of human effort aimed at attaining a rational, efficient and cost effective land use in urban areas. The same definition can also be applied to the planning of both rural and regional areas which are the other domains of planning. In both urban and rural areas, for instance, the acknowledgement that land is a constant resource in space and time implies the need for deliberate planning and development of such areas in order to enhance their utilization, based on the existing technological capacity (Mwangi, 2002).
Development: The making of any material change in the use or density of any buildings or land or the subdivision of any land (Physical Plannning Act Cap 286 of 1996)
Sustainable development: “Development that meets the needs of current generations without compromising the ability of future generations to meet their own needs” (WCED, 1987, p. 45).
Development control: * A planning activity that tries to cut down on possible infringement on freedom of others in human settlements * A process by which legal permission is
The essence of spatial planning is to create order to development within human settlements which in turn promotes safety, economy and beauty. Certain controls /constraints are necessary if people have to enjoy their freedoms / rights (esp. for the weaker members or land uses). 1.1 Definitions
Planning:
* Basic human activity * Deciding what to do in advance of doing it * Concerned with providing the right site, at the right time, and in the right place, for the right people (Ratcliffe, 1981) * A discipline based on the premise of order, convenience, economy and beauty. * Keeble (1965) described it as the art and science of ordering the use of land and the siting of buildings and communication routes so as to secure the maximum practicable degree of economy, convenience and beauty.
Urban Planning, in this regard, has been defined as a conscious direction of human effort aimed at attaining a rational, efficient and cost effective land use in urban areas. The same definition can also be applied to the planning of both rural and regional areas which are the other domains of planning. In both urban and rural areas, for instance, the acknowledgement that land is a constant resource in space and time implies the need for deliberate planning and development of such areas in order to enhance their utilization, based on the existing technological capacity (Mwangi, 2002).
Development: The making of any material change in the use or density of any buildings or land or the subdivision of any land (Physical Plannning Act Cap 286 of 1996)
Sustainable development: “Development that meets the needs of current generations without compromising the ability of future generations to meet their own needs” (WCED, 1987, p. 45).
Development control: * A planning activity that tries to cut down on possible infringement on freedom of others in human settlements * A process by which legal permission is
References: Alder, J. (1979) Development Control. London: Sweet and Maxwell. Bubba, N and Davinder Lamba (1991), Urban Management in Kenya in Environmental and urbanization. Chapin F.S (1976) Urban land Use Planning Chicago; University of Illinois Press. Urbana Garner, J.F GoK (1996), The Physical planners Registration Act, Kenya Gazette, Government Printer, Nairobi GoK (1999), Environmental Management and Co-ordination Act, Kenya Gazette, Government Printer, Nairobi GoK (2001), Ministry of Local Government, Kenya Local Government Reform Programme. Local Authority Service Delivery Reform Programme (LASDAO), Dissemination Seminar Materials, August/September, Nairobi. GoK (2002), Water Act, Kenya Gazette, Government Printer, Nairobi GoK (2004), The National Housing Policy, Kenya Gazette, Government Printer, Nairobi GoK (2007), Vision 2030, Kenya Gazette, Government Printer, Nairobi GoK (2009), The National Land Policy, Kenya Gazette, Government Printer, Nairobi GoK (2011), The Urban Areas and Cities Act , Kenya Gazette, Government Printer, Nairobi GoK (2012), County Government Act, Kenya Gazette, Government Printer, Nairobi GoK (2012), The Land Act No. 6 of 2012, Kenya Gazette, Government Printer, Nairobi GoK (2012), The Land Registration Act, Kenya Gazette, Government Printer, Nairobi GoK (2012), The National Land Commission Act, Kenya Gazette, Government Printer, Nairobi GoK, (1996), The Physical Planning Act, 1996 of The Government Printer Nairobi. GoK, (2010), The Constitution of Kenya. The Government Printer, Nairobi. GoK, Ministry of Lands and settlement (1992), Physical Planning Handbook, Department of Physical Planning Nairobi. Goodman, W. (1987 Ed) Principals Practice of Urban Planning Washington: Blackwell Publishers Inc. John Drexhage and Deborah Murphy (September 2010) Sustainable Development: From Brundtland to Rio 2012, International Institute for Sustainable Development (IISD) Keeble, L Khamati, A. (1976). The legal Control of the use of Urban Land with Specific Reference to Nairobi. Nairobi: Department of Public Law. University of Nairobi. LL.B. Dissertation. Mbwagwa, R. (2000) Paper presented to the Town Planning Chapter on Planning and Development in Kenya, Nairobi, Kenya Mwangi W.N Mwangi, I.K. (1994) Urban land Development and Planning Law in Kenya: The Case Study of Nairobi City and Bordering Urban Areas. Waterloo, Ontario, Canada: School of Urban and Regional planning, University of Waterloo, Ph.D. Thesis.