master plan

master plan

by | Oct 21, 2022 | physical and land use planning

Definitions

A Master Plan is an evolving long term perspective plan document which is a guide to the sustainable and planned development of an organization, a town or a city. The plan document entails planning guidelines, policies, spatial needs and development plans for various socio-economic activities such as housing, transportation, community facilities etc. that support the population.

A master plan is a blueprint for the future growth of any organization and must be directly tied to the core business goals and planning. It will identify economic and other factors such as utility infrastructure development, planning, acquisition and sustainability.

A Master plan is a type of a plan that pertains to the physical development of a city, town or municipality over the long term that ranges between 10 to 15 years into the future. It is intended to guide a community’s growth from a high-level perspective, focusing on:

  • Building and preserving a locality’s unique character
  • Diversity
  • Investment
  • Desired change
  • Enhance livability of a community

Note: Master plans are aspirational i.e., they imagine what’s possible and propose a direction to achieve those goals. But that doesn’t mean they are permanent. Circumstances may change as time goes on, and plans may need to be adjusted accordingly.

Importance of a master plan

The approach of a master plan provides the foundation for:

  • The long-term investment plans
  • The development of physical assets
  • The evaluation of regulations, including zoning standards
  • The identification of areas in need of utility development or extensions
  • The acquisition and development of future facility sites
  • The incorporation of environmental conservation and sustainability features
  • The prioritization of overall needs

Process of preparing a master plan

  1. Public participation: ask the public about their vision and questions that will prompt them to reflect on the town’s character as well as their thoughts on the future. The goal of this step is to create community-supported vision statements, goals, and objectives that will help guide the development of your master plan.Process of preparing a master plan
  2. Relevant data collection and analysis: gather data that is likely to influence the priorities and projects identified in the master plan. this step enables you to understand the current state and identify possible future conditions that might drive the need for specific changes.
  3. Identify alternatives: by employing what you have learnt about current state, future projections, land maps, and community input, consider a variety of development scenarios
  4. Narrow down alternatives: Compare the advantages and disadvantages of each alternative, and how you can best use your current land and resources to encourage your preferred type of growth. Note that to eliminate options, you may need to develop a set of criteria to measure each scenario against.
  5. Prepare a strategy of moving forward: Once a development scenario is decided, form a strategy as to how, when, and by whom the recommendations of the plan should be implemented. As board and committee members in all functional areas consider proposed projects in the months and years ahead, how will you ensure that development aligns with goals and drives progress forward in the intended way?
  6. Manage and track project/program performance:  monitor the plan’s progress over time to make sure it is heading in the right direction.

Elements of a master plan

  1. Goals and policies: these are the desires and wishes about what kind of place it wants to be and how it wants to improve its quality of life.
  2. land use: Looks at the pattern of land use.
  3. housing: considers the pattern of residential development in determining what types of housing stock is needed and where it might best be constructed in the future as well as assessing the locality how future market forces may influence the development and affordability of housing
  4. Economic development: determines the strengths and weaknesses of the labor force and market sectors in the local economy in planning for new business and development.
  5. natural resources: identifies land, water, cultural and historic resources whose preservation is important in maintaining natural resources and the character.
  6. open space and recreation: assess the future recreational needs in planning for the maintenance and expansion of existing areas, and the construction of new facilities
  7. services and facilities
  8. transportation and circulation
  9. implementation

Recommendations

The process of preparing a master plan requires to involve professional experts such as Planners, architects and Surveyors with experience in this area.

In case you find the article useful and would like to support me, you can buy me a coffee ☕

attachment (Architecture & Landscaping) 003

attachment (Architecture & Landscaping) 003

by | Oct 7, 2022 | attachment

Field of attachment

Architecture & Landscaping

Requirements:

• Be a continuing student in a recognized institution studying either Certificate, Diploma, or Degree in any of the following:

✓ Architecture
✓ Urban Forestry & Landscaping.
✓ Landscape Architecture
✓ Building Construction
✓ Interior Design
✓ Art and Design

• A computer laptop recommended 8GB RAM and High Graphics

Why Attachment at Georole Ltd?

  • Acquire skills in related Highly proficiency computer software i.e. AutoCAD Drawing, AutoCAD Map3, Civil 3D, Revit, ArchiCAD, SketchUp, Chief Architect Software, Lumion, and Twin motion with certificates.
  • Acquire skills and experience in Preparation of:
    ➢ Master Plans; e.g., for institutions such schools, hospitals, etc.
    ➢ Building plans
    i. Architectural plans i.e., Floor Plans, Elevations & Roof Plans
    ii. Structural plans
    iii. Interior Designing
    ➢ Landscaping
    ➢ Road Designing
  • Interact with government agencies related to your profession. E.g., NEMA, NCA, SURVEY, PHYSICAL PLANNING AND URBAN DEVELOPMENT at the county and national levels. This will subject you to field inspections and know the policies and regulations applicable to your profession.

Terms of Agreement

A. The Industrial Attachee Shall:

  • Obey and observe all industrial/site safety rules and regulations;
  • Serve the employer diligently and obey all lawful instructions of the employer;
  • Not divulge any of the employer’s classified information;
  • Not absent himself/herself during normal working hours without the permission of the employer;
  • Not engage in any other form of employment during working hours;
  • Attend or take such correspondence course as the employer may require;
  • Avail himself/herself for continuous assessment by authorized persons to determine his/her achievements;
  • Complete all assignments given by the trainer on time;
  • Maintain the insurance cover for the period of attachment;
  • Cooperate with fellow employees at work;
  • Pay attachment fee of Kshs. 10,000.

B. The Employer (Georole LTD) Shall:

  • Give the attachee proper induction and orientation of the organization;
  • Place the attachee under a qualified and competent trainer;
  • Provide necessary tools/equipment and materials during the period of attachment;
  • Provide the best possible and diversified experience to the attachee;
  • Assess the attachee using the provided assessment criteria and guidelines;
  • Allow adequate access by the supervisor to assess the attachee;
  • Furnish the institution (college/university) with reports on the progress and conduct of the attachee on the prescribed Form(s) and format.

NOTE:

smooth land succession process in kenya

smooth land succession process in kenya

by | Oct 7, 2022 | land survey

land succession is the most common channel by which one can acquire or legally inherit and own land in Kenya. It is a traditional right to inherit property for the purpose of preserving the family heritage. In most cases, Kenyans rarely follow the law and instead transmit land rights upon death. Therefore, many inheritors avoid to follow the process of acquiring the actual title deeds as they consider the process of legal land succession to be expensive, tedious, inaccessible and complex. Read this article for more information or partner with us for legal land inheritance or acquisition.

This Article explains the processes that should be employed by the deceased’s dependents in order to obtain rights over the deceased’s property smoothly and efficiently. You can as well download Law of Succession Act to read more.

What is succession?

  • Succession is the right and transmission of the rights and obligations of the deceased to his heirs.
  • Kenyan law of succession prescribes the rules which determine what ought to happen to a person’s estate after his or her death. It is also referred to as the law of inheritance i.e. transmission of property rights from the dead to the living.
  • The rules of succession identify the beneficiaries entitled to succeed to the deceased’s estate and the extent of the benefits they are to receive. The Kenya law of succession determines the different rights and duties that persons (for example, beneficiaries and creditors) may have in a deceased’s estate.

Types of succession

  • Intestate succession: is where a person dies without having made a will or the will is invalidated. The procedure involves having the Administrators obtain a grant of Letters of Administration Intestate. This gives them the authority to deal with the estate of the deceased person in accordance with the provisions of the law. The processes of obtaining a grant of Letters of Administration Intestate are through a petition for Letters of Administration Intestate and receiving a  Confirmation of Letters of Administration Intestate.
  • Testate succession: refers to situations where the deceased leaves behind a valid will declaring his or her intentions regarding the disposition of his property after his death duly made and executed in accordance with the law of succession Act. The procedure involves the executors or executrices obtaining a grant of probate which gives the executors or executrices the authority to handle any matters pertaining to estate of the deceased person in accordance with the provisions of the Act . The processes of obtaining a grant of probate are through a petition for grant of probate and thereafter receiving a confirmation of grant of probate.

Procedure for procurement of grants for land succession

Petition for grant of probate:

  1. The executors of the deceased person’s estate will be required to petition the High Court of Kenya for a Grant of Probate. The petition is accompanied by an affidavit which must include a schedule of the assets and liabilities of the  deceased person’s Estate with their approximate value. Proof of ownership of the assets must also be attached.
  2. The petition is then filed at the Family Division of the respective High Court and the Court Registrar peruses the petition to check if it is in order and thereafter, assesses the filing fees due and payable to the Judiciary of Kenya. Upon payment of the filing fees, a notice of the petition is advertised in the Kenya Gazette so as to notify the public of the petition and for any person who has a claim on the estate of the deceased to have an opportunity to object to the Grant of Probate being given to the executor.
  3. After 30 days of the notice of the petition appearing in the Kenya Gazette, an application for extraction of the signed and sealed Grant of Probate – which will indicate the executor(ices) as the lawfully appointed executor(ices) of the Estate – should be made by the executor(ices) to the High Court.

land inheritance

Note: In testate succession, you need to file the following documents:

  1. Form P.A 78 (petition)
  2. Form P & A 3 (affidavit)
  3. The original will plus 2 photocopies of the will
  4. Original death certificate.

Confirmation of grant of probate:

Upon issuance of the signed and sealed Grant of Probate, the executor(ices) must wait for the statutory 6 months’ period to lapse before applying for the Grant to be confirmed after which he/ she/ they will be issued with a Certificate of Confirmation of Grant of Probate and this Certificate gives them power to transfer the Estate’s assets in accordance with the provisions of the Will.

Petition for letters of administration intestate

  1. There should be at least 2 persons who must petition the High Court for Letters of Administration Intestate. Preference is usually given to the surviving spouse but this does not prevent the adult members of the family from agreeing amongst themselves on who to petition the court if a surviving spouse is not in a position to do so. The petition should be filed at the nearest High Court to where the deceased person resided at the time of his/ her death.
  2. The petition for Letters of Administration Intestate is a formal legal document which must be accompanied by an affidavit in support from the petitioners. The petition should include a schedule of the assets and liabilities of the Estate with the approximate values, proof of ownership, the deceased’s death certificate and a letter from the chief in the locality of the deceased’s place of domicile stating that the chief knew the deceased person and giving details of the estate’s beneficiaries and dependents as known to him.
  3. It is a mandatory requirement for the petitioners to swear affidavits of justification satisfying the court that the petitioners are solvent and are able to comply with their obligations as Administrators. It is also a mandatory requirement for the petitioners to obtain other independent persons to be sureties for the full value of the net Intestate Estate who in turn will have to satisfy the court as to their solvency.
  4. The petition is then filed at the Family Division of the respective High Court after which the Deputy Registrar will peruse the petition and assess its filing fees which is payable to the Judiciary of Kenya. Upon payment of the filing fees, a notice of the petition is advertised in the Kenya Gazette so as to notify the public of the petition and for any person who has a claim on the Estate of the deceased to have an opportunity to object to the Grant of Probate being given to the executor.
  5. After 30 days of the notice of the petition appearing in the Kenya Gazette, an application for extraction of the signed and sealed grant of Letters of Administration – which will indicate the Administrators as the lawfully appointed Administrators of the Estate and state that they have undertaken to faithfully administer the Estate – should be made by the Administrators to the High Court.

Confirmation of the letters of administration intestate:

  1. Upon issuance of the signed and sealed Grant of Letters of Administration, the Administrators must wait for the statutory 6 months’ period to lapse before applying for the Grant to be Confirmed after which he/ she/ they will be issued with a Certificate of Confirmation of Grant of Letters of Administration.
  2. At this stage, the Administrators of the Estate shall inform the court on the mode of distribution of the estate. The Certificate of Confirmation of Grant of Letters of Administration intestate will be issued by the court once it is satisfied with the mode of distribution and endorses it. The Administrators will then have the authority to transfer the estate’s assets to the beneficiaries as per the mode of distribution endorsed by the court.

Exceptions to time for Confirmation of Grant.

There are exceptions under the Law of Succession Act where:

  • Holders of the grants of representation (i.e. grant of probate and grant of letters of Administration Intestate) may apply to the court, and the court may direct for the Grant to be confirmed before the expiry of the 6 months period if the court is satisfied that:
  1. There is no dependent of the deceased or that the only dependents are of full age (adults) and consent to the application;
  2. That it would be expedient in all circumstance of the case.
  • An applicant when making his/her petition to court also applies for the immediate issue of a confirmed grant of representation, if it is satisfied that:
  1. There is no dependent of the deceased other than the petitioner;
  2. No estate duty is payable in respect of the estate; and
  3. It is deemed to be just and equitable in all circumstances of the case to immediately issue a confirmed grant of representation.

In case you find the article useful and would like to support me, you can buy me a coffee ☕

when to apply for change of use

when to apply for change of use

by | Oct 3, 2022 | physical and land use planning

Land is a basic utility but scarce i.e. cannot be increased. Therefore, is advisable to use it in a sustainable and in various ways in order to accommodate everyone and productively meet their needs.

There are factors that  exerts pressure on the available land in various countries e.g. growth of population, development regulations and standards, etc. This leads to the need to open up a platform to change the use of land. This involves a procedure where property owners can change the use of land from one purpose to another.

There is a procedure of how one can change the use of land  to another use e.g. agricultural to residential, residential to commercial, and so on

what is change of use

in the context of physical and land use planning, change of use is a process of changing the current status and registered use of land from one state to another. For example, changing the use of land from agricultural to residential, agricultural to commercial, residential to industrial, etc. Read this for more information.

why should one consider applying for change of Use

To Change a registered use of a premises to another use may lead to amenity problems to neighboring premises in the area. A planning application for change of use would allow to assess if the intended new use is compatible to neighborhood characteristics and acceptable in relation to the physical and land use planning act and other relevant planning policies,  regulation and standards.

NB: Failure to obtain a change of user therefore may lead to repossession of land by the government. In addition, the government may require the owner of the land to restore the land in question to its original condition

Types of land uses that can undergo change of use

  • Types of land uses that can undergo change of useResidential use- land registered specifically for the purpose of building homes where people can reside comfortably. e.g. bungalows, mansionettes, apartments,
  • commercial use – registered for putting up business entities such as shops, office complexes, etc.
  • institutional use – registered for purpose of establishment of institutions such schools, training colleges, judiciary, etc.
  • agricultural use – this land is registered for purpose of practicing farming activities such as cash or food crops and rearing livestock or poultry.
  • industrial use – registered for the purpose of establishing industries. This can either be light or heavy industries.

Example of change of use applications

  • Proposed change of use from Agricultural to Residential
  • Proposed change of use from Agricultural to commercial
  • Proposed change of use from Agricultural to Residential cum commercial
  • Proposed change of use from Agricultural to Industrial
  • Proposed change of use from Agricultural to light industry
  • Proposed change of use from Single Dwelling Residential to Multi – Residential
  • Proposed change of use from Residential to Commercial
  • Proposed change of use from commercial to Residential
  • Proposed change of use from Agricultural to Institutional
  • Proposed change of use from commercial to industrial
  • Proposed change of use from Residential to Agricultural

Requirements when applying for change of use

  • Two duly filled PLUPA 1 forms in triplicate signed by a registered physical planner
  • Planning briefs prepared and duly signed by a registered physical planner
  • Original title deed
  • Comprehensive location plan
  • Advert of the proposal on two daily newspapers with nationwide circulation
  • Application fee receipt
  • Current rates payment receipt

Procedure for obtaining an approval for change of use

The procedure for obtaining approval of change of use is prescribed in law. The procedure is laid down in the physical and land use planning act, land act, land registration act, County government act and the national land Commission act. Land use in Kenya is vested in the county government and therefore, the relevant authority to which the application should be made is the county government to the department of Physical planning through a registered physical planner. Below is the procedure:

  1. Official application to the county governments: As per the Physical and Land Use Planning Act, the landowner will submit the applications for change of use through a registered planner. The planner will fill a form known as PLUPA  1 which provides details of the property’s current use and the proposed intended use. The form should also be accompanied by a detailed project report.
  2. Advertise a public notice on the intension to change the use of land: The planner and the proponent should publish a public notice regarding the proposed change of use in two daily newspapers with nationwide circulation to invite comments or objections from the public within a period of not less than fourteen (14) days.
  3. Submit the application to relevant authority: The duly signed form accompanied with the detailed planning brief will be sent to the County Director of Physical Planning. The Director will in turn share with other stakeholders such as Land Control Board, development control officer, surveyor , etc. Upon review, the permission for changing the use of land will receive a yes or no.
  4. Pay the required fee: Depending on the project, you will be issued with the a fee and government bank details to pay and in return you will obtain a receipt.
  5. Receiving feedback: The County Government will give the feedback in writing to the proponent. In case of permission is granted the landowner will receive a PLUPA 2 form whereas if a no is the response reasons will be given. In addition, a proponent has a right to appeal when permission is declined.
  6. Change of title deeds: Successful approval of the proposed change of use, the proponent (landowner) will be required to surrender the old title deed  to the registrar in order to get new title deed for the property. He/she files them on what is known as a deed file. A successful application of change of land use means you commence development of the property within 2 years from the date of approval.

Recommendations

  • If you are proposing to change the use of buildings or land, we would always recommend that you seek advice from the local planning authority to confirm whether or not planning permission or prior approval is required.
  • Additionally, before you lease or buy a property for your development, you should check whether you need to obtain planning permission or prior approval for its intended use and, if so, your chances of getting it.
  • Don’t hesitate to contact Georole  for advice and whenever you need all these be done on your behalf in efficient and professional manner.