CITY PLANNING DEPARTMENT DEVELOPMENT APPLICATIONS AWARENESS GUIDE January 2010
1. What is Development? Development is a very broad term that encompasses activities that result in a change of density, construction or addition to or alteration to a building or to the subdivision of a parcel of land. The information that the city council of Nairobi requires in a development application varies with the intended development. 2. Why Should I Make A Development Application? Planning Laws require that any person intending to undertake any form of development must first obtain approval from the local Authority. It is therefore lawful to make an application. Penalties for non compliance are immense. Secondly, making an application will ensure the orderly, secure and healthy development of our neighbourhoods. Thirdly, development applications are a source of revenue continued giving services to the residents. 3. About The Development Application Guide This guide informs you in simple language how to prepare the plans and other supporting documents for your development application. Use the guide as a checklist. This will help you provide all the required information to support your application so we can deal with your application without delay. The City Council cannot accept applications which do not include all the require plans and supporting documents. 4. How to Find Out More Most questions about making a development application can be answered simply by referring to this guide. 2
However, if you still have questions that are not answered by this guide, do not hesitate to contact city council s City Planning Department. You can phone us or call in personally or simply email your enquiry. We recommend that you discuss your development proposal with one of our technical officers before submitting a development application. We are always happy to arrange interviews; but please phone (020) 224281 extension 4013 for an appointment. 5. Do I Need To Make A Development Application? Most types of development require a development application. However, there are several exceptions. Enquire about Council s requirements for exempt and complying development. Types of development that need a development application include: i. New buildings; ii. Alterations and additions to existing buildings; iii. Most types of change-of-use of existing building or premises; iv. Demolition of dwellings, v. Subdivision of land vi. Outdoor Advertising and signage; vii. Earthworks, filling and clearing; and viii. Regularization of existing developments If you are taking over an existing business, it s a good idea to check with us to see if the business has a valid development application and occupation certificate; it may be possible to regularize an existing unauthorized development. If you are unsure whether you need to make a development application purposes, please contact Council s City Planning Department. 3
6. What Documents Do I Need The council s checklists will assist you in providing accurate, detailed information to ensure a development application is processed as quickly and smoothly as possible. To find the checklist which relates to your proposed development, simply choose the most relevant category and the most appropriate checklist in that section will be availed to you. The following are the checklist categories to choose from. i. New buildings; a) Residential class; b) Public class; c) Warehouse class; ii. Alterations and additions; iii. Regularization of existing developments. iv. Demolitions; v. subdivision / amalgamations; vi. change/extensions-of-use; and vii. Outdoor advertising and signage. The following are common requirements in all applications: i. The proposed development; ii. A survey plan from Survey of Kenya (in the absence of an approved survey a beacon certificate duly signed by a Licensed Surveyor); iii. Ownership documents; and iv. Up-to-date rates payment receipts. 4
7. How Do I Make A Development Application? To make a development application, follow these 5 steps: STEP 1: Enquire with the City Planning Department about Council s Local Physical Development Plans (LPDP), planning policies and zoning requirements, and by-laws (see separate document titled A guide Of Nairobi City Development Ordinances and Zones ) STEP 2: Consider all the design issues. (From the check list on page 4 items (i) to (iv) are submitted by a registered and practising architect while items (v) to (vii) are submitted by a registered and practising physical planner. STEP 3: (Architect/Planner) to prepare plans and drawings STEP 4: (Architect/Planner) to compile drawings/briefs and support documents for submission; STEP 5: Follow the submission procedures as advised. 7.1. STEP 1: Familiarise Yourself with Policies By-Laws and Zoning Requirements Finding out about the Council s requirements is the first step in preparing your application. You need to know about: i. Development Control Zones; ii. Design Principles and Guidelines; iii. Relevant building regulations; iv. Planning council policies; and v. Likely conditions of approval. You will save time and expense by downloading A guide Of Nairobi City Development Ordinances and Zones. For further clarification our staff can answer most enquiries over the counter or over the phone. If you would like us to respond to a specific proposal, we suggest that 5
you phone (020) 224281 extension 4013 for an appointment. We will arrange a meeting with the technical officer/s responsible for your locality. Please send us a sketch plan in advance to illustrate your ideas. This will focus the discussion and allow us to give a more detailed response. 7.1.1. Need Other Approvals? You may also need to be aware that your proposal may require an approval from other government agencies. There are agencies that have additional approval requirements. Please ascertain which other approvals are required. Some Agencies from which you may need to obtain approvals include: i. National Environment Management Authority (NEMA); ii. Kenya Airports Authority (KAA); iii. Ministry of Sanitation and Public Health; iv. Kenya Wildlife Service (KWS); v. Kenya Railways (KR); and vi. Nairobi City Water and Sewerage Company (NCWSC). It is recommended that you consult with relevant approval bodies as early as possible. Certain types of proposals may also require separate approval under other Acts of Parliament. Such approvals include proposals that may need additional approvals that may include: i. Structure or places of public entertainment; ii. Water supply, sewerage and storm water drainage work; iii. Community land; iv. Public roads; and v. Other public space activities 6
7.2. STEP 2: Consider All the Design Issues By making careful analysis of all the design issues, you will certainly get a better development proposal. Here are just some of the things to consider: 7.2.1. Council s requirements The Council aims to guide development in the interests of the whole community/neighbourhood. This is done through implementing the local physical development plans (LPDPs), by-laws and related policy documents. Each policy document contains requirements in the form of guidelines and/or objectives. These are geared to minimize adverse impacts and maximize positive benefits for the community. 7.2.2. The site and neighbouring properties The site of your development proposal has inherent constraints and opportunities. Always consider the likely impact on neighbours! It s possible to avoid unnecessary conflicts and delays by consulting with neighbours before finalizing your design. It is council policy to notify affected neighbours about development applications. 7.2.3. Consultants The Council encourages applicants to consider using a suitable design professional such as architect (for building plans), physical planner (for change of use, subdivisions, extension of lease, outdoor advertisement etc), engineer or environmental expert (for environmental impact assessment, audit etc). In all these submissions no consent will be given where professionals are not involved. 7.3. STEP 3: Your Plans and Drawings Discuss your plan with your consultant. The type of plans required will vary depending on the type of development. To find out which plans are required for your proposal, simply refer to the plans matrix below. 7
If your proposal is not covered by any of the development types at the left of the Plans Matrix, ask at the Planning Department. THE PLAN MATRIX Submission by Planning Plans & Location Pictorial A - Architect Brief elevations and site illustration P - Planner plan New Domestic Class Buildings New Public Class Buildings A no yes yes optional New Warehouse Class Buildings Alterations & extension A no yes yes optional Demolition of Building A no yes yes no Swimming pool A no yes yes optional Change of use P yes no yes no Extension of use P yes no yes no Extension of lease P yes no yes no Subdivision of land P yes no yes no Amalgamation of land P yes no yes no Advertising /signage P yes yes yes yes 7.4. STEP 4: Making Development Submissions All submissions either by a planner or architect must be accompanied by supporting documents that include copy of ownership documents (certificate of lease, title deed, registered sale agreement etc). There are specific application forms for every type of submission (Buildings Submission form for Architects and form PPA1 for Planners) To help you prepare your development submission, use the following checklist. Include all the listed matters that are relevant to your proposal. 8
7.4.1. New Building Plans These plans document the proposed development. Draw the details at a standard scale such as 1:100, 1: 200 or 1:500. Plans and drawings describing the proposed development must indicate (where relevant); The location of proposed new buildings or works (including extensions or additions to existing buildings or works) in relation to the land s boundaries and adjoining development; Floor plans of proposed buildings showing layout, partitioning, room sizes and intended uses of each part of the building; Elevations and sections showing the proposed external finishes and heights; Proposed finished levels of the land in relation to building and roads; Proposed parking arrangements, entry and exit points for vehicles, and provision for movement of vehicles within the site (including dimensions); Proposed methods of draining the land; The height and external configuration of proposed buildings in relation to the site on which it is to be erected Site and location plan to include: The location, boundary dimensions, uses of existing buildings site area and north point of land; For major proposals, sites with special significance, prepare a perspective drawing, artist s impression or architectural model to supplement the elevations. 7.4.2. Regularisation of Existing Buildings These plans document the existing development. The format of submission is similar to new building plans but have to be accompanied by: 9
Architect s report; and Structural Engineer s report on workmanship. 7.4.3. Occupation Certificate This certificate is issued to completed developments that have complied to all approval conditions and have undergone the regular inspections at the required stages. The application has to be accompanied by: Copy of approved building plans; Copy of approved structural plans; Structural Engineer s indemnity form; Architect s report; Plumbers certificate; and Kenya Bureau of Statistics form duly filled. 7.4.4. Hoarding Application Hoarding is the temporary protection walling around a construction site usually mounted using corrugated iron sheets. The application accompanied with a simple sketch showing plan, section and elevations is lodged after the building plans are approved. 7.4.5. Structural Drawings All drawings submitted with a condition to submit structural drawings have to comply by submitting the following: Two copies of structural drawings; A schedule of calculations; and One copy of the approved architectural drawings. 7.4.6. Subdivision Plans This plan illustrates the proposed subdivision layout. Draw the plan to a standard scale such as 1:200 or 1:500, or a higher scale for large comprehensive schemes and show the following details. 10
Existing boundaries and the dimensions; Proposed subplots and their dimensions (meters); Proposed subplot areas (hectares); Proposed roads and footpaths (indicate respective width); Relationship to existing roads and neighbouring parcels; Proposed easement and rights of way (way leaves for power lines, sewer mains, railway lines, water/fuel pipe lines etc); Proposed public utility parcels; Topography/terrain by way of contours Location plan 7.4.7. Change/extension of User The process for change/extension of user requires the following processes: Advertisement notice of intention to change user in two local dailies and at the development site. This is given a 14-day response/no objection period. After the 14-day lapse, submission of the planning brief outlining the following: general location setting; Infrastructure services and scope of future developments; Traffic generation and management; Research on development trends; General environmental impact and implications (Note a separate and independent Environmental Impact Assessment (EIA) report will also be required) Justification and efficacy of proposal 7.4.8. Outdoor Advertisements Outdoor advertising is largely associated with large billboards advertising products and services. However, in its broadest interpretation, outdoor advertising includes all signs erected and displayed out of doors for the purpose of providing information. 11
The process for outdoor advertising application requires the following: A planning brief giving a broad framework of the proposal in line with the approved control guidelines (these are available in the Urban Design and Development section); A photographic simulation of the proposal illustrating the anticipated visual impact and appearance in terms of surrounding character and function; A site plan showing every building on the site and the position with dimensions of the sign or advertising in relation to the boundaries of the site and the location of the streets and buildings on properties abutting the site; Consent or legal agreement between the structure owner and registered land owner; 7.4.9. Signage Signage in its strict interpretation is limited to signs that make known place names, notice of events, public safety notices, traffic control/warning signs and directional information. The process for outdoor advertising application requires the following: a drawing sufficient to enable the Council to consider the appearance of the signage and all relevant construction detail; If a sign is to be attached to or displayed on the facade of a building, the submission of an additional drawing showing an elevation of the building; A photograph of the site or building showing the location of the proposed sign; adjacent sites or buildings showing the relationship of the proposed sign to existing signs. 12
8. Where to Lodge Your Application Office to lodge applications Locality All building Plans Development Control Section City Hall Annexe 1 st Floor Change of use Policy Implementation Section City Hall 2 nd Floor Extension of use Policy Implementation Section City Hall 2 nd Floor Extension of lease Policy Implementation Section City Hall 2 nd Floor Subdivision of land Policy Implementation Section City Hall 2 nd Floor Amalgamation of land Policy Implementation Section City Hall 2 nd Floor Advertising /signage Urban Design & Development Section City Hall Annexe 4 th Floor 9. How to Pay Your Application Fees Cash: Only for applications lodged in person over the counter. You can pay by cash between 8.30am to 4pm Monday to Friday (excluding public holidays).in the Council s banking Hall. Cheque: Make Banker s cheque payable to Nairobi City Council for the full fees. A schedule of the current approved fees and charges is attached to this guide. What Happens After I Lodge My Application? 9.1. Acknowledgement Council will acknowledge receipt of your application. You will receive a receipt specifying the amount of fees paid and the registered plan or application number. 9.2. If Council needs more details Council may need further details about your application. If so, we will request this by writing comments or by telephone, or e-mail as soon as possible after receiving your application. A letter will be sent confirming any request made by telephone. 9.3. Public Notification and dispute resolution Most development applications are publicly notified to enable interested persons to submit comments to the Council. The notification period is 14 days. 13
Council officers will seek to resolve any conflicts between the applicant and the objectors before the application is determined by Council. 9.4. Enquiring about your application If you would like to find out how your application is progressing, you can telephone Council for details and discuss with the officer who is dealing with your application. Council will advise you of that officers name and direct phone number when your application is acknowledged. You can assist staff by quoting the plan number in all enquiries. 9.5. If there is a delay The planning laws give you certain rights if there is undue delay (more than thirty days) in the determination of your development application contact the officer dealing with your application for further information. 9.6. Notice of Council s Determination After your application has been you will receive a notice of Determination of Development Application. The notice will tell you whether your application has been approved unconditionally, approved with conditions or refused. 9.7. Your Development If your development application is approved, then you must ensure that the development is carried out in accordance with any relevant consent conditions. PLEASE READ ALL CONDITIONS CAREFULLY AND SEEK CLARIFICATION IF NECESSARY. In general, you cannot alter or vary the development, unless you seek and obtain approval for amendments. 9.8. Other approvals In many instances, development requires an approval or license from another government agency. It is your responsibility to obtain these approvals before you commence the development. 14