Kiambu Policy On Shipment Containers
Kiambu Policy On Shipment Containers
Kiambu Policy On Shipment Containers
1. PURPOSE
This is a local planning policy prepared under the Land Housing and Physical
Planning Sector for the County Government of Kiambu. It may be cited as the
Shipping Containers Local Planning Policy
These Regulations cover provision of site planning, building site operations,
container design, infrastructure services, construction and maintenance of all
containers as contained in these regulations.
2. BACKGROUND
The need for more spaces for small scale businesses and traders within the larger
Kiambu County has been a challenge to the traders and the County Government as
it endevours to better the lives of its citizenry. Conventional building material have
become expensive and building itself has even become more expensive in the
recent past. This has resulted in the people becoming more and more innovative to
make use of the little funds they have saved overtime to explore medium term
means of accommodating their small businesses in the most secure manner the
use of fabricates shipment containers.
There has been continued push and actual utilization of shipment of containers
within the larger Kiambu County especially for matters related to small scale traders
without approval. The Sector, Land Housing and Physical Planning, does not have a
policy guideline on the use of shipment containers for such developments or
regulations of the use of the shipment containers. The containers have been
converted to kiosks for retails shops and stores in areas along the main access
roads and now, larger pieces of land are being installed with a number of containers
in a shopping-complex-like manner.
The containers are now being adopted as an alternative to the conventional building
material for stalls/kiosks away from their use as storage containers on building
sites. This trend is now being noted and supported where the container is located,
screened and painted in a manner that does not affect the amenity of the locality
upon approval by the Director of County Planning.
With this background, the Land Housing and Physical Planning Sector, that is
mandated with development control within the entire county has come up with a
policy guideline to help boost the potential use of shipment containers for controlled
use within the county.
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The typical dimensions of a 20-foot container are: internal length 5.90 meter (19
feet 4 inches), internal width 2.35 meter (7 feet 9 inches), internal height 2.40
meter (7 feet 10 inches)
In this definition, the following types of containers are not referred to: wooden box,
crate, intermediate bulk shipping container, bulk box, drum, insulated shipping
containers, pails, unit load device, transit & flight case and road cases.
Size - Two acceptable sizes of containers are those used in ground and sea
(surface) transportation are (1) Twenty-footer (typical capacity 33.2 cubic meter or
1172 cubic feet, maximum payload 28180 kilogram or 62130 pounds) and (2) Fortyfooter (typical capacity 67.7 cubic meter or 2392 cubic feet, maximum payload
28750 kilogram or 63380 pounds).
3. REGULATORY FRAMEWORK
The regulations are guided by the following pieces of legislation
a. The Physical Planning Act Cap 286
The County was created by an act of parliament and its area of jurisdiction
demarcated. Subsequently, it has been granted the powers and mandate to control
the use and of land within its area of jurisdiction by the Physical Planning Act. This
directive is in order to control developments on land within the County. All
applications requesting development permission within this county authority must
therefore be addressed to the Director of County Planning for consideration. The
Physical Planning Act and Physical Planners Registration Board requires that a
Registered Physical Planner submit the application for consideration.
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application.
Must comply with the criteria specific to the land use zone of the
iii.
property;
Must not be located over water, wastewater or storm water
iv.
v.
areas/systems;
Must be screened from the streetscape by suitable vegetation or
vi.
vii.
viii.
will
require
additional
treatment
design
features
disposal
to
be
ix.
x.
power lines;
Containers must not use their top as roof. They must be
redesigned to have a roof with the required gradient and
xi.
orientation.
Containers must not be stacked more than two containers, in
which circumstance, a structural engineers report must be
prepared signed and an indemnity report submitted together
with calculations for approval by the Director of County
xii.
Planning;
Containers will not be permitted in Heritage Conservation Areas
or on plots containing a Heritage Item unless they are approved
on a short-term basis (less than 2 years) in conjunction with an
xiii.
xiv.
to
store
contaminated
or
xvi.
hazardous materials;
Setbacks to overhead power lines must comply with the
xvii.
xviii.
xix.
container);
Do not contain refrigeration or air conditioning equipment;
Are repainted in a manner that complements other buildings on
the plot or adjacent development or as the Director may advise,
thereby to assist in reducing the visual impact and covers any
xx.
xxi.
xxii.
xxiii.
xxiv.
xxv.
xxvi.
Two
7
One Level
Two
Level
Levels
Levels
0.125
17
34
16
0.25
34
68
17
34
0.5
69
138
34
68
1.0
138
276
69
138
B. Serviced Zone
Plot
Size No of 6.1x2,6x2.4 No
of
12.2x2.6x2.4
(acreage)
containers
containers
One
Level
Two
Levels
One Level
Two Levels
0.125
24
48
12
24
0.25
48
96
24
48
0.5
96
192
48
96
1.0
193
386
96
192
xxvii.
xxviii.
advertisement
Roofing shall be improved to control weather but shall not be
made of Perspex ( fiber glass)
used
for
commercial,
domestic
or
any function in
APPROVAL
a. A location plan
b. A site Plan showing proposed location of container, boundary setbacks,
natural vegetation and associated buildings;
c. Elevation drawings showing heights and elevations of the container;
d. External and internal finishes including proposed colour of container;
e. Particulars of any existing building which is to be demolished and
details of the method to be used
f. Such plans and particulars as may be required by the approving
authority in respect of:
i. General Structure arrangements
ii. Any certificate contemplated in these regulations
g. A certified copy of any approved plans and particulars contemplated
11.
CONTAINERS
a. An Application for Planning Approval is to be lodged with the
Directorate of County Physical Planning that shows how all objectives
and the design principle contained in this Policy are met for any
matters that are not deemed-to-comply;
b. The Directorate of County Physical Planning is to consult with any
neighbouring property owner that it considers may be affected by the
variation(s) to the deemed-to-comply provision, in accordance with the
relevant planning policy relating to advertising of planning proposals.
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variation(s) proposed;
d. The Directorate of County Physical Planning is to assess the proposal
against the objectives and design principle contained in this Policy,
taking into account the merits of the proposal and determine if the
development should be approved as proposed, refused as proposed or
conditioned to ensure compliance with the Policy objectives and design
principle; and
e. Delegated authority can be exercised where an objection is withdrawn
after negotiation between the applicant and objecting neighbour that
the local government is satisfied allows for the development to
proceed in a manner consistent with the relevant design principle
contained in this Policy.
12.
FOR CONTAINERS
The Directorate of County Physical Planning may refuse to grant permission for
development of containers citing the following reasons among others:
a. The approval will adversely affect the amenity of neighbouring
properties, the amenity of the streetscape or the development
potential of the plot in question;
b. The reason/justification for erecting the container on a vacant plot does
not exist;
c. The proposal does not meet the relevant deemed to comply policies;
d. There has not been proof of sufficient adjacent, neighbouring and
relevant stakeholders in the application for development permission
process;
13.
right
to
withdraw
its
permission
should
the
14.
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