BUR 202: URBAN PLANNING PRINCIPLES AND TECHNIQUES II

HANDOUT 4:

DEVELOPMENT CONTROL

Courses Tutor:
Karisa C.D

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4.0 DEVELOPMENT CONTROL

4.1 Definitions.

Development
1. The 1962 Town & Country Planning Act defines development as “the carrying out of building,
engineering, mining or other operations in, on, over, or under the land; or making any material
change in the use of any building or other land “ This definition suggests that planners have
powers over both building development and the uses made of buildings or other land.

2. Any material change caused in, on, over or below the land.

3. Any improvement on land.

4. Any attempt to change a property.

5. Growth from immaturity to maturity.

6. Any construction affecting land.

Thus development could entail negative change e.g. mining activities that leave behind open cavities.

Development control
This refers to the structuring of the usage of land to reduce conflict. It is about allowing development
to a level that does not cause harm in the end result, that is, one that is not injurious. Thus, it largely
entails administering development in conformity with defined guidelines as stipulated by an
operational plan and other policy provisions.

4.2 Objectives of development control

A country needs development control for the following reasons.

1. To ensure that implementations of development complies with (conforms to) the physical
development plan proposals. Also to recommend enforcement action where plan proposals and or
development standards have been contravened.

2. To guard both man and the physical environment against injurious development by careful
assessment and processing of all development applications.

3. To ensure that planning standards and procedures are reviewed and updated from time to time to
accommodate changes that might, otherwise, bring conflicts.

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4. To ensure the surrounding areas do not suffer out of developments, for instance, property value
could be affected by urban decay in adjacent development. Also of concern are the effects of
industry to the surrounding.

5. To ensure security of development through proper use of land.

6. To check that the details of the design are based on a number of principles to keep proper health
conditions e.g. ventilation aspects should be considered; proper anthropometrics (human proportion
and scale).

7. To ensure aesthetic appeal based on the human senses- visual, auditory, taste, tactile, olfactory
(smell) e.t.c.

8. To maintain a good relationship between landscape and other surroundings.

9. To safeguard public and private interest:

 Public interest e.g. health, safety/security,
environmental factors.
 Private interest- maximization/commodification of
land

4.3 Historical Evolution of Development Control

The rapid and unfettered growth and change which most of cities and towns experienced during the
period of industrialization (1840 onwards) produced, in many cases, mutually discordant and
detrimental land uses. For instance, factories and mills occupied central urban locations, bringing
sudden increase in working population; back-street workshops grew apace; and increased journeys
caused congestion. People living in such areas had to endure noise, smells, fumes and dirt. Those who
could afford to do so deserted the central areas for more healthy conditions in the suburbs. Through
planning schemes prepared before the world wars (according to Town and Country Planning Act
1909), as well as the Inter-wars Acts stressed the need to keep industry away from residential areas.
Such schemes applied only to new development in suburbs, with little or no effect on existing built up
areas. Thus, muddled, congested, and unhealthy conditions continued to prevail until comprehensive
control was revived by the 1947Act.

The 1947 Act introduced comprehensive zoning that entailed the division of a planning area
(municipality or other jurisdiction) into districts, and the imposition of restriction upon the use of land
in such districts. The process was meant to separate land uses so that each parcel might reach its
highest and best use, without interference from an adjacent use. The goal was to realize an efficient,
workable, planned system. This would promote public health, safety, moral protection, and welfare.
Specifically, zoning was to prevent overcrowding, maintain property values, encourage stable and
homogenous neighbourhoods, and control traffic flow. A less acknowledged goal was that of
regulating competing business. More recently, zoning has been upheld as a valid tool for furthering the
cultural, historical, and aesthetic objectives of a community.

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4.4 Principles and Techniques of Development Control

4.4.1. Use Zoning:-

This advocates, among others, that building (developments) with similar siting (locational)
requirements should be grouped together, while those with conflicting requirements should be
separated. Thus the plan of a town should provide for its division into a number of ‘use zones’, each of
which would be designed and equipped to provide sites suitable for a particular category of buildings.
The main technique applied was the ‘zoning chart’ relating a variety of ‘building use groups’ to ‘use
zones’ hence indicating which building groups could, might, or could not be permitted in each use
zone. (Ref Gerald Burke: Town Planning and the Surveyor).

4.4.2. Density zoning:-

This entails control over total amount of floor area of new building that may be permitted on a given
site, for which the use has been approved. It is closely linked with population and, by extension,
dwellings/households.

 In the “macro” sense, it may be used to relate the future population of the town to the amount
of land available for development or redevelopment, and also the means of controlling the rate
at which such land is to be utilized.
 In the “micro” sense, it stipulates the maximum amount of accommodation that may be built
on sites within a particular area, and hence (in conjunction with other controls e.g.
overcrowding) approximates the maximum limit to the number of people who can live in that
area or, with less accuracy, the number who are likely to work there.

For instance, densities in dwelling areas may be expressed as: dwellings per acre/hectare; inhabitable
rooms; or bed spaces, or persons per acre/hectare. These densities will also help in projection of
services.

There are key operational terms in this context:

 Plot ratio (PR):-

This is the ratio between total floor area on all floors within a building and the area of the plot on
land on which it stands.

PR=Total Floor Area / Site (plot) Area

Thus on a plot measuring 12 by 36m, a plot ratio of 3:1 would allow the construction of 3 x 1 x 36
=1296m2.

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 The plot ratio is mostly used for commercial development. The PR is not formally an approved part
of the development plan, but a figure adopted by the Local Planning Authority.

 Plot coverage (PC):-

This refers to the horizontal proportion of the site that is covered by the building. It is mostly given
as a percentage. Plot coverage would be influenced equally by other provision of building line and
plot set back.

A building line is referred to as the distance between the edge of a building and the center line of a
road/road reserve fronting the building.
A Plot set back refers to the distance between the edge of a building and the plot boundary facing
it. This would differ for fronts, backs, and sides.

Thus, for any plot ratio, the height of a building will be governed by the plot coverage (proportion of
the site that is covered by building).

Thus:
A PR of 5 and PC of 100%, with all floors identical, would give five floors. If the coverage was 25%,
then it would give 20 floors (storeys). Manipulation of these ratios could give many alternative
disposition of building mason site. (Ref Gerald Burke: Town Planning and the Surveyor).

Example/Question
Calculate the number of storeys for an office building constructed under the following factors:-
o Plot size = 15m x 30m.
o Plot coverage = 80%
o Plot ratio = 4
o Maximum area for upper floors = 60% of Plinth area (ground floor).

4.5. Instruments/Tools for Development Control.

The most commonly used approaches fall under two broad categories:-

4.5.1. Regulatory Instruments

These are mainly controls backed by certain laws, by-laws, and codes. They include:-

1) Zoning:-
As defined earlier, it includes texts, charts, and maps; it includes the following types:-
a) Large lot zoning:-
Also known as minimum lot size zoning. It requires lots in a residential zone to be of a
certain size so as to reduce the density of residential development.
b) Exclusive agricultural zoning:-

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 This intended to preserve agriculture as a permanent land use by limiting the intrusion of
non-agricultural uses and requiring large minimum lot sizes e.g. 160 acres.
c) Flood plain zoning:-
These regulations control uses of land within hydrologically defined areas subject to
floods of a designated frequency.

d) Wetland zoning:-
These regulations typically limit permissible uses to those that do not entail significant
surface disturbance or runoff.
e) Historic Area zoning:-
This is intended to preserve the integrity of an area as well as individual structures. It
includes permissible uses, densities and development standards.
f) Planned unit development (cluster zoning):-
This allows flexible design and clustering of residential development in higher densities
on the most appropriate portion of a land parcel so as to allow agricultural development or
to provide increased open space elsewhere on the parcel.
g) Overlay zoning:-
This involves imposition of special regulations and standards to a designated area that
may cut across several pre-existing conventional zoning districts.

Along a different axis, the above approaches can be classified into four broad categories, mainly
relating to urban areas:-
i) Restrictive zoning:-
This is the most common method by placing development restrictions on new construction.
It applies to 3 aspects of building:-
 Building and land use
 Building height
 Building bulk
ii) Indicative zoning:-
It instructs people on the form urban development should take. It does it in two stages:-
 Development is proposed for an urban area through a master plan adopted by the
community.
 To help implement the project, zoning controls are established to conform to the
plan.
iii) Incentive zoning:-
This provides benefits to developers if they will give benefits to the public in return.
The incentives come in form of bonus to the developers such as allowing the project
additional space, if the developer promises to build a public amenity, such as a plaza or
arcade.
iv) Performance zoning:-
Instead of a rigid list of requirements describing what cannot be done, a set of urban
design criteria that must be met by an urban developer is established. The developer is
then evaluated against these performance criteria. It deals more with technical aspects
like lighting and views.

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 2) Subdivision Regulations:-
These are locally adopted laws governing the process of converting raw land into building sites.
They control the physical layout of new development by establishing standards such as lot size,
width and length of streets and sites, adequate space for public facilities and services.

3) Building codes:-
These control aspects like materials used for construction of new buildings as well as the manner
of construction.

4) Transferable Development Rights (TDRs):-

This treats development potential as a good that can be sold or traded by allowing transfers of
densities between tracts of land that may be under different ownership. It limits the height or
intensity of development in one area and encourages the same in another area. These are referred
to as conservation “sending” areas and transfer/ “receiving” areas respectively.

5) Moratoria and Interim development regulations:-

These are designed to substantially restrict development for a limited time period. They can
impose a complete temporary ban on all development or on specific types of intensive
developments.

6) Environmental controls:-
National/state and/or local pollution and waste management controls can restrict the discharge of
air and water pollutants as well as solid and hazardous wastes into the environment.

4.5.2. Economic Instruments (Refer to land use management book)

1. Differential Property Assessment:-

This would include, fro instance, preferential systems used to enhance preservation of land.

2. Land Gain Tax :-( revenue tax?)

This refers to capital gains applied to increases in land value between time of initial purchase and
sale/or exchange of land.

3. Impact and Betterment Fees: - (apportionment?)

These are obtained from developers, builders, or industry at the time of approval to finance various
public facilities to increase carrying capacity.

4. Tourism Taxes and User Charges:-

These are imposed to raise funds for conservation and protection of natural resources.

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5. Grants and Low Interest Loans:-
These are intended as incentives for protecting land and cultural resources.

6. Flood Insurance:-
This is normally in form of a national programme that can serve as an incentive to local communities
to enact flood plain zoning and control construction within river and coastal flood plains.

4.6. Thematic Areas

Development control would be applicable to the various urban land use themes: Housing (e.g densities;
layouts); infrastructure services (e.g levels/rating; layouts); land parceling (e.g subdivision and plot
sizes); circulation (e.g road sizes; layout); zoning (e.g use zoning, density zoning); land valuation (e.g
property assessment and taxation); conservation (e.g Tourism Taxes and User Charges) e.t.c. Such
could vary from one country/ local planning authority to another. (*refer to respective planning hand
books)

4.7. Plan Administration in Growth Management:

4.7.1 Instrumental Documents:-

1) Acts of parliament:-
o National constitution
o National Environmental Action Plan (NEAP)
o Environmental Management and Co-ordination Act (1999)
o Land Acquisition Act
o Public Health Act
o Architects and Quantity Surveyors Act
o Physical Planning Act (1996)
o Physical Planners Registration Act (1996)
2) Codes and By-laws:-
Republic of Kenya building code gives specific development control at the building level.
These are commonly used by service providers:-
 Kenya Railways
 Kenya Power and Lighting
 Kenya Ports Authority
 Kenya Airports Authority
 Regional development Bodies/Authorities, TARDA, KVDA.
3) Development Plans:-
 National Development Plan

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  Regional Development plan
 District Development Plan
(*the province does not play a direct role as a unit)

4) Sessional/ Thematic Paper: (also white paper)

A position by governments or the U.N. which directs on a given strategy, outlining key policy
approaches on given issues, e.g. The Housing Policy; The Poverty Reduction Strategy; The Sustainable
Cities Strategy.

4.7.2 Plan Application and Approval:-

 Consideration of Planning Approval:-

(Ref: Phy. Planning Act page 41)
Having considered all the relevant evidence, the Local Planning Authority can reach four
decisions:
i. Grant the application unconditionally
ii. To grant the application with conditions
iii. To grant the application temporarily
iv. To refuse application

 Role of approved plans:-

This is mainly in order to realize development as envisionised in plan.

 Types of Plan Application

i. Part Development Plan (PDP)
ii. Change of user
iii. Extension of user
iv. Planned Unit Development