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{
    "id": 603280,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/603280/?format=api",
    "text_counter": 159,
    "type": "speech",
    "speaker_name": "Hon. Katoo",
    "speaker_title": "",
    "speaker": {
        "id": 199,
        "legal_name": "Judah Katoo Ole-Metito",
        "slug": "judah-ole-metito"
    },
    "content": "Thank you, Hon. Speaker. I beg to move that The Physical Planning Bill, 2015, be now read a Second Time. I wish to begin by introducing the concept of physical planning to set the context for the Bill because this is a very important Bill as most of it is concerns land issues. The physical planning function entails provision of spatial frameworks for the arrangement and organization of the social economic activities on land both at the national, regional, county levels and even at the very local level in the villages. Therefore, it is important that we achieve the optimal and sustainable development for the wellbeing of the society. Hon. Speaker, the Physical Planning Bill tries to explain what the state should carry out for the good of the community. It takes a holistic view of development of an area. As a practice and function, the Bill brings together the concept of land use and spatial planning. It includes urban regional planning, town planning, rural planning, urban design, transportation planning as well as general land use planning. It is also worth noting that the Constitution uses various terms. For instance, under Article 66, the Constitution talks about regulation of land use and property, while under Article 67(2)(h), the Constitution talks about land use planning. Under Article 68(b), the Constitution talks of sectoral land use laws. Under the Fourth Schedule, Section 21(1) deals with division of functions between the two levels of government. It also talks about land planning. Under Part II, Clause 21 talks about county planning and development. Several usages have been given as definition for land use planning. All these terms refer to various aspects of general function of physical planning. Article 66 of the Constitution outlines the purpose for which regulation of use of any land and property is carried out by the State. It includes interest of defence, public safety, public order, public morality, public health or even land use as a generality. All these are attributes of physical planning. Therefore, land use planning is one of them. I want to talk about the Physical Planning Bill, 2015 as it has been drafted to comply with the provisions of Articles 60, 66(1), 67(2)(h), 68(b) and the Fourth Schedule of the Constitution. Principally, the Bill seeks to revise the Physical Planning Act, Cap 286, to bring it into accord with the Constitution with regard to several Articles as I have talked about. They are the Article on Land policy, the principles as provided for under Article 60, the regulation of land use as per Article 66(1), entrenchment of the National Land Commission (NLC) as an oversight and monitoring authority over land use planning as per Article 67(2)(h) and the Revision of the Physical Planning Act, Cap 286 as the principle legislation. Towards the end, I will explain the Physical Planning Act, which is being repealed by the new Bill. This is the current principle law with respect to physical planning matters as required by Article 68(b) of the Constitution. Finally, the Articles of the Constitution we are trying to conform to in this Bill assign the physical planning function to the national and county governments as provided for under the Fourth Schedule of the Constitution. The Bill proposes to establish various necessary institutional structures both at the national and county levels to carry out the physical planning function better. Members should refer to Clause 5 of the Bill, which establishes the national physical planning consultative forum. Under Clause 9 of the Bill, a county consultative forum is established. Article 75 of the Bill establishes a national physical planning liaison committee. Members should be able to see the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}