REPUBLIC OF KENYA

COUNTY GOVERNMENT OF KIAMBU

POLICY AND REGULATIONS ON THE USE OF SHIPMENT CONTAINERS

WITHIN THE COUNTY

14th January, 2016

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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Shipping Container or Container Shipping containers are large, usually

rectangular-shaped, units that are used or are capable of being used to carry goods
for transport by sea, road, rail or air. Shipping containers used in international trade
are of standard sizes and dimensions to facilitate their easy transfer from one
transport mode to another.
-

any shipping containers or standardized re-sealable transportation box for

unitized freight handling with standardized equipment. It can also be referred to
as intermodal freight container to indicate that which is designed to be moved
from one mode of transport to another without unloading and reloading.

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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b. The Urban Areas and Cities Act

Section 12 (1) states that the management of a city and municipality shall be
vested in the county government and administered on its behalf by a board
constituted of a manager or such other staff as the County Public Service Board may
determine.
Section 20 (1,d) gives power to the planning boards to control land use, land subdivision, land development and zoning by public and private sectors for any
purpose, including industry, commerce, markets, shopping and other employment
centres, residential areas, recreational areas, parks, entertainment, passenger
transport agriculture, and freight and transit stations within the framework of spatial
and master plans for the city or municipality as may be delegated by the county
governments.
The act also ensures participation of the residents in decision making. Its activities
and programmes in accordance with the Schedule to this Act; the citizens are
empowered to contribute to the decision making processes of the city or urban area
by submitting written or oral presentation or complains to a board or town
committee through the city or municipal manager or town administrator.
c. The County Government Act
The act provides for county planning which gives the guidance and framework for
development control. It also upholds the spirit of citizen participation which has
been adhered to by the applicant.
4. PURPOSE OF THE POLICY REGULATIONS
a. To provide acceptable development provisions for the use of shipping
containers;
b. To identify the process for approvals and consideration of judgement of
merit applications;
c. To guide location of the containers;
d. To give direction and minimum requirements for approval of container
siting, fabrication, finishes etc
5. OBJECTIVES OF THE POLICY REGULATION
a. To recognize and cater for the trend towards the use of containers as
an affordable and convenient form of providing additional storage
space on residential and their use for commercial purposes;
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b. To establish guidelines for the assessment of proposals to place

shipping containers or other similar relocatable storage units on land
within Kiambu County.
c. To ensure planning controls reflect the National Spatial Plan, the
County Spatial Plan, stakeholders and communitys expectations
regarding the size and height of container developments; and
d. To maintain the amenity of streetscapes and views along the street by
ensuring that containers do not detract from the streetscape and are
not visually intrusive to neighbouring properties or adjoining public
spaces;
6. APPLICATION OF POLICY
a. The Policy and Regulations therein shall apply to all land areas within
the jurisdiction of the County Government of Kiambu as alienated in
the Independent Electoral & Boundaries Commission Act of 2011;
b. Containers used temporarily to store materials associated with the
approved construction of an approved building are not subject to this
Policy, subject to being located on the property for not more than
twenty four (24) months, unless otherwise approved by the Director of
County Planning; and
c. The placement of a shipping container or other similar relocatable
storage units on land requires the development approval of the
Director of County Planning as it is considered to fall within the
definitions of building.
7. POLICY MEASURES
a. Design Principle
Containers shall not detract from the streetscape or the visual amenity
of residents or neighbouring properties.
b. Deemed to Comply Policy for Commercial Areas
That Containers:
i.
In the overall design of the plot where the containers are
proposed to be erected, support services such as
a) Solid waste management
b) Liquid waste management
c) Traffic management plan
d) Fire and safety of the public at large

e) Compliance to requirements for persons with disability

etcare some of the bases of refusal of approval of the
ii.

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.

mains or dedicated drainage easements;

Must not be located over effluent

v.

areas/systems;
Must be screened from the streetscape by suitable vegetation or

vi.

other appropriate screening;

Where containers cannot be screened, County Government of
Kiambu

vii.
viii.

will

require

additional

treatment

design

features

disposal

to

be

incorporated, e.g. roof structure, doors;

Containers will not be permitted in flood prone areas;
Containers must be in good repair with no visible mark and
painted a neutral colour to blend with the surrounding natural
environment and built structures, with the proposed colour to be

ix.

approved by County Government of Kiambu;

Containers shall not be located over gas lines or underground

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.

approved Development Application for specific works;

Containers must not contain sanitary facilities;
Containers must be placed on flat, solid ground. Any associated
earthworks (cut & fill) must be in accordance with provisions of

Earthworks and retaining walls of the Building Code and other

xv.

relevant regulations thereof;

Containers must not be used

to

store

contaminated

or

xvi.

hazardous materials;
Setbacks to overhead power lines must comply with the

xvii.

requirements of the relevant electricity authority

Do not exceed 6.1m in length, 2.4m in width and 2.6m in height
(standard 20 foot dry container); and or do not exceed 12.2m in
length, 2.4m in width and 2.6m in height (standard 40 foot dry

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.

rust or signage within one (1) month of placement;

That containers are not attached to any dwelling;
That containers are not for dwelling purposes;
That containers are not wine shops
Do not impinge on any car parking bays required to satisfy a

xxiv.

minimum parking requirements on any property;

Do not obstruct any existing access or visual truncation provided

xxv.
xxvi.

to an access-way (pedestrian or traffic); and

That they shall not be located on a street setback;
That they do not exceed the required Ground Coverage of 50%
on Un-sewered area or 70% on Sewered areas;

The number of containers to be accommodated in each specific plot is based on the

following:

An acre of land measures 4047m2.

Allowable ground coverage for commercial un-sewered zones is 50% while
the sewered zones are allowed 70%. Maximum number of containers is
achieved upon stacking them up to two levels
Amenities, staircases, ramps and any other facility supporting the activities in
the shipment container shall be included in the allowable coverage.
A. Un-serviced Zone
Plot
Size No of 6.1x2.6x2.4 No of 12.2x2,6x2.4
(acreage)
containers
container
One

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.

Or harmony consistency and aesthetics, all containers will be

painted in soft white.

xxviii.

Any other colour shall be deemed as

advertisement
Roofing shall be improved to control weather but shall not be
made of Perspex ( fiber glass)

c. Deemed to Comply Policy for Primary Production Areas

i. A maximum of one (1) container per plot is permissible.
Additional containers require Development Consent from the
County Government.
ii. Containers must be

used

for

commercial,

domestic

or

agricultural storage purposes only.

d. Deemed to Comply Policy for Established Industrial Areas
i. Containers being stored on industrial land for the purpose of resale or hire will not be required to meet all setback requirements
provided they are not being used for storage or other purposes.
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If used for storage or other purposes, approval is required and

the requirements of the relevant deemed to comply principle
shall apply; and
ii. The placement and use of shipping containers in Industrial areas
shall be dealt with on a case-by-case merit basis following
submission of a Development Application.
8. DEVELOPMENT PERMISSIONS
a. No person shall develop or cause to develop any container on land
where development permissions applicable to the area has not been
granted.
b. Any person who contravenes the provisions of these Regulations shall
be guilty for prosecution under the Physical Planning Act.
9. APPLICATION FOR APPROVAL OF CONTAINERS BUILDING PLANS
a. The designing, planning and the supervision of the erection of any
container or structure of the performance of

any function in

connection therewith in terms of these Regulations is subject to the

provisions of any law in terms of which the person undertaking such
work or performing such function is required to be registered, or to
have a specified qualification, certificate, status or other attribute or to
have had experience or training of a specifies nature or for a specified
period which is acceptable.
b. The developer shall specify the professionals who will supervise the
design, planning of the structure of the container like planners,
architects, engineers etc, and people without registered qualifications.
c. An application shall be made to the County Government of Kiambu,
addressed to the Director of County Planning, to erect and container
defines as minor container works or to carry out any work falling within
the ambit of such definition, and any such erection or work shall not be
commenced before such authorization has been granted.
d. No plans, particulars or approval shall be required for any repair which
has become necessary as a result of ordinary wear and tear or which is
undertaken in the normal course of maintenance or upkeep of any
building; provided that where such repair will affect the structural
loading or is a repair of any part of the structural system drawings or
specifications shall be submitted for approval.
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e. No person shall erect any container which is to be supported by

another container or extend an existing container unless certified by a
civil/structural engineer and with the necessary approval.
f. All containers already installed before coming into force of these
regulations shall be required to be vetted against the provisions of
these Regulations and granted requisite approval upon compliance or
required to comply before approval or the necessary Enforcement
issued in accordance with the law.
g. Public Participation. Application for the use of containers shall be
subject to written comments from the adjacent and neighbouring
property owners. It shall be the responsibility of the applicant to obtain
such comments.
10.

PLANS AND PARTICULARS TO BE FURNISHED FOR BUILDING

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.

PROCESS OF APPROVAL OF DEVELOPMENT APPLICATION FOR

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.

10

Details of the variation(s) sought are to be provided to the neighbour

to allow for proper consideration;
c. The Directorate of County Physical Planning is to give due regard to
any comments made during the consultation period. Where no
comment is received within 21 days, the Directorate of County Physical
Planning

will assume the neighbour has no objection to the

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.

CONDITIONS FOR REJECTION OF DEVELOPMENT APPLICATION

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.

FUNCTIONS OF THE DIRECTORATE OF PLANNING

a. The Directorate of County Physical Planning, in all instances, reserve
its

right

to

withdraw

its

permission

should

the

owner/applicant/developer fail to comply with conditions of approval;

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b. Receive, process and approve or refuse applications for the placement

and use of containers for business purposes on properties within the
County;
c. Determine appropriate application fees for applications to place
containers on private properties as well as effective identification;
d. Remove (or cause to be removed) illegally placed containers on any
property within the jurisdiction of the County Government;
e. Identify council owned sites / stands suitable for placement and use of
shipping containers based on need and desirability;
f. Compile and maintain a database of identified council owned
sites/stands suitable for placement and use of shipping containers;
g. Provide comments on all applications to place containers on private
properties, this may include circulation to relevant County of National
Government Departments, where necessary;

14.

SCHEDULE OF APPLICATION FEES

Before submitting an application to the Directorate of County Physical Planning it

is strongly recommended that the applicant discusses the proposal with a staff
member within the Department.
Basic steps to follow:
Confirm with the appropriate Officer of the Directorate of Physical Planning
within the Sub County:
that an application is needed;
what application will be compulsory for your proposal;
what information you are required to provide on the lodging of your
proposal.
Compliance with relevant Acts, Regulations, and Codes along with Kiambu
County Government Policies, Conditions and Plans will apply.
Fees will be charged as per the County Government of Kiambu Finance Bill.

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