Training course on Zoning, Planning and Development Control Law

Training Course on Zoning, Planning and Development Control Law

Introduction:

In Kenya's rapidly urbanizing and strategically developing landscape, a profound understanding of Zoning, Planning and Development Control Law is absolutely fundamental for ensuring orderly growth, maximizing land utility, and navigating the complexities of property development. Training Course on Zoning, Planning and Development Control Law is meticulously designed to equip with the cutting-edge legal insights and strategic understanding. This is necessary to interpret master plans, comply with zoning regulations, obtain development approvals, and navigate enforcement procedures within Kenya's dynamic planning framework. Beyond mere compliance, this specialized discipline demands a forensic and proactive approach, blending in-depth knowledge of the Physical and Land Use Planning Act (2019), relevant county bylaws, environmental considerations, and the leveraging of strategic advocacy and stakeholder engagement to optimize project viability, avoid legal challenges, and significantly foster sustainable urban development and efficient land utilization.

This comprehensive 10-day program delves into nuanced methodologies for analyzing various types of development plans (e.g., national, county, local plans), mastering advanced techniques for preparing and submitting robust development applications, and exploring cutting-edge approaches to managing public participation, addressing planning objections, and resolving disputes related to development control. A significant focus will be placed on understanding the interplay of constitutional provisions, specific planning legislation, environmental laws, and the role of various planning authorities (e.g., County Physical Planners, NLC, NEMA) across diverse land uses, managing complex planning challenges with unparalleled confidence, and optimizing project designs through proactive compliance and strategic engagement with regulatory bodies. By integrating local industry best practices, analyzing real-world complex planning approval cases and landmark rulings in Kenya, and engaging in intensive hands-on planning document analysis, mock application submissions, public hearing simulations, and expert-led discussions, attendees will develop the strategic acumen to confidently handle any planning or development control challenge, fostering unparalleled project success, regulatory harmony, and securing their position as indispensable leaders in modern Kenyan urban development.

Course Objectives:

Upon completion of this course, participants will be able to:

1. Analyze core principles and strategic responsibilities of zoning, planning, and development control law in Kenya.
2. Master sophisticated techniques for interpreting and applying the Physical and Land Use Planning Act (2019) and related legislation.
3. Develop nuanced strategies for understanding and utilizing various levels of development plans (national, county, local).
4. Implement effective legal frameworks for preparing and submitting comprehensive development applications.
5. Manage complex zoning regulations and density controls for diverse property types.
6. Apply robust strategies for navigating public participation processes and addressing planning objections.
7. Understand the deep integration of environmental considerations into planning and development control decisions.
8. Leverage knowledge of enforcement mechanisms for planning compliance and illegal developments.
9. Optimize strategies for obtaining and adhering to various development permits and licenses.
10. Formulate specialized planning solutions for diverse land uses (residential, commercial, industrial, agricultural).
11. Conduct advanced legal due diligence related to planning permissions and land use restrictions.
12. Navigate challenging situations such as non-conforming uses, zoning variances, and planning appeals.
13. Develop a holistic, legally compliant, and strategically effective approach to real estate development within Kenya's planning framework. 

Target Audience: 

This course is designed for professionals seeking advanced skills in Zoning, Planning, and Development Control Law in Kenya: 

1. Real Estate Developers and Investors: Seeking to understand legal requirements for new projects and expansion.
2. Architects and Urban Planners in Kenya: Involved in design, planning submissions, and obtaining approvals.
3. Surveyors in Kenya: Dealing with land subdivisions, change of user, and compliance with planning schemes.
4. Legal Professionals (Lawyers, Advocates) in Kenya: Advising clients on planning law, appeals, and enforcement.
5. County Government Officials (Physical Planners, Enforcement Officers, County Attorneys) in Kenya: Implementing and enforcing planning laws.
6. Project Managers in Real Estate: Overseeing compliance during all stages of development.
7. Land Economists and Valuers in Kenya: Understanding planning impact on land value and viability.
8. Community Leaders and Activists: Advocating for proper land use and sustainable development in their areas. 

Course Duration: 10 Days 

Course Modules: 

• Module 1: Foundations of Planning Law in Kenya
• Overview of the Physical and Land Use Planning Act (2019) and its regulations.
• Constitutional provisions and principles of land use planning in Kenya.
• Historical evolution of planning legislation in Kenya.
• The institutional framework for planning (e.g., National Physical and Land Use Planning Consultative Forum, County Planning Units).
• The National Spatial Plan and its implications for development.
• Module 2: Development Plans & Their Hierarchy
• Understanding different levels of plans: County Spatial Plans, Integrated Strategic Urban Development Plans, Local Physical Development Plans.
• The process of preparation and adoption of development plans.
• Interpreting zoning maps, density controls, and land use designations.
• Ensuring alignment of projects with approved plans.
• Case Study: Analyzing a specific section of a County Spatial Plan and its implications for a hypothetical development.
• Module 3: Zoning Regulations & Land Use Controls
• The concept of zoning and its purpose in development control.
• Types of zoning districts (residential, commercial, industrial, mixed-use).
• Understanding height restrictions, setbacks, plot ratios, and open space requirements.
• Dealing with non-conforming uses and zoning variances.
• Case Study: Determining the permissible land uses and development parameters for a given parcel based on zoning regulations.
• Module 4: Development Applications & Approval Process
• The various types of development permissions required (e.g., change of user, extension of user, building plans).
• Detailed requirements for preparing and submitting a development application.
• The role of the County Physical Planner and Planning Committees in approvals.
• Understanding referral processes to other agencies (e.g., NEMA, NLC, relevant sector ministries).
• Case Study: Preparing a complete development application package for a small commercial building.
• Module 5: Environmental Aspects of Planning & Development Control
• Integration of the Environmental Management and Co-ordination Act (EMCA) into planning.
• Requirements for Environmental Impact Assessments (EIAs) and Environmental Management Plans (EMPs).
• Considering sensitive ecological areas (wetlands, riparian land) in development proposals.
• Compliance with environmental permits and licenses from NEMA.
• Case Study: Identifying the environmental approvals required for a large-scale housing project.
• Module 6: Public Participation & Stakeholder Engagement
• Legal requirements for public participation in planning processes and development applications.
• Strategies for effective stakeholder engagement and community consultation.
• Addressing public objections and grievances during planning approvals.
• The role of public hearings and written submissions.
• Case Study: Designing a public participation strategy for a proposed controversial development.
• Module 7: Development Control & Enforcement
• Understanding the powers of enforcement by planning authorities.
• Dealing with unauthorized developments and illegal structures.
• Issuing enforcement notices, stop orders, and demolition orders.
• Appealing enforcement decisions.
• Case Study: Analyzing a scenario involving an illegal construction and advising on enforcement actions.
• Module 8: Appeals & Review Mechanisms
• Understanding the process of appealing planning decisions to higher authorities (e.g., National Physical and Land Use Planning Consultative Forum).
• Appeals to the Environment and Land Court (ELC) on planning matters.
• Judicial review of administrative planning decisions.
• Case Study: Reviewing a planning appeal case and identifying grounds for challenging a decision.
• Module 9: Specialized Development Control Issues
• Planning implications for subdivisions and amalgamations of land.
• Development control for change of user and extension of leasehold terms.
• Specific regulations for advertisements, signage, and public spaces.
• Control of heritage sites and protected areas in planning.
• Case Study: Advising on the planning requirements for converting a residential plot into a commercial premise.
• Module 10: Legal Due Diligence in Planning & Zoning
• Conducting planning searches to ascertain permissible uses and restrictions.
• Verifying the status of development approvals for existing structures.
• Identifying potential planning risks and liabilities before property acquisition.
• Due diligence for land banking and future development potential.
• Case Study: Performing a simulated planning due diligence for a prospective land purchase for development.
• Module 11: Challenges & Emerging Trends in Kenyan Planning Law
• Addressing informal settlements and urban sprawl through planning.
• The impact of climate change on urban planning and resilience.
• Challenges of digitization of planning records and e-planning.
• Promoting smart cities and sustainable urban development in Kenya.
• Case Study: Discussing the planning challenges and solutions for rapid urbanization in Nairobi.
• Module 12: Future of Planning & Development Control in Kenya
• Analysis of proposed amendments and new policies affecting planning law.
• The role of technology (GIS, AI) in enhancing planning efficiency.
• Strengthening inter-agency coordination in development approvals.
• Fostering a culture of compliance and responsible development.
• Case Study: Debating the potential impact of future planning reforms on real estate investment in Kenya.

 

Training Methodology

• Interactive Workshops: Facilitated discussions, group exercises, and problem-solving activities.
• Case Studies: Real-world examples to illustrate successful community-based surveillance practices.
• Role-Playing and Simulations: Practice engaging communities in surveillance activities.
• Expert Presentations: Insights from experienced public health professionals and community leaders.
• Group Projects: Collaborative development of community surveillance plans.
• Action Planning: Development of personalized action plans for implementing community-based surveillance.
• Digital Tools and Resources: Utilization of online platforms for collaboration and learning.
• Peer-to-Peer Learning: Sharing experiences and insights on community engagement.
• Post-Training Support: Access to online forums, mentorship, and continued learning resources.

 

Register as a group from 3 participants for a Discount

Send us an email: info@datastatresearch.org or call +254724527104

Certification 

Upon successful completion of this training, participants will be issued with a globally recognized certificate.

Tailor-Made Course

We also offer tailor-made courses based on your needs. 

Key Notes

• Participants must be conversant in English.
• Upon completion of training, participants will receive an Authorized Training Certificate.
• The course duration is flexible and can be modified to fit any number of days.
• Course fee includes facilitation, training materials, 2 coffee breaks, buffet lunch, and a Certificate upon successful completion.
• One-year post-training support, consultation, and coaching provided after the course.
• Payment should be made at least a week before the training commencement to DATASTAT CONSULTANCY LTD account, as indicated in the invoice, to enable better preparation.