Services – Cell Sites Solutions Limited

SERVICES RENDERED

Cell Sites Solutions (CSS) Limited is a consulting firm that offers all site acquisition services under one roof. This encompasses all the processes from Site Identification, Due diligence, Negotiations, Lease administration and securing statutory approvals namely; KCAA (Kenya Civil Aviation Approval), NEMA (National Environment Management Authority) & Planning/Development Approval. The directors are registered and Licensed members of the various professional bodies to ensure
compliance with the law..

SITE ACQUISITION

This entails completing the prescribed form at KCAA Headquarter detailing the following; Site Name, Coordinates (WGS84 format), requested height (m) & contact person to facilitate planning of joint inspection visits upon making the requisite payments. CSS also does follow ups with Department of Defense (DOD) for sites within their air space whose clearance is mandatory before KCAA issues any approval.
CSS also undertakes any appeals on behalf of the Mobile operator where the approved height is way below the required to meet the coverage objectives.......•    Site identification based on client’s RF requirements
•    Due diligence. Official Searches’ at the Land Registries to establish ownership status as well as procuring Maps (Both Registry Index Maps & Fixed Survey/Deep Plans) to confirm position of the parcel on the ground.
•    Lease Negotiations with the Property Owners
•    Attending the joint technical survey to facilitate production of drawings
•    Execution of Lease Agreements by respective Landlords
•    Registration of Leases
•    Submission of Handover package to respective Legal department.
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KENYA CIVIL AVIATION APPROVAL (KCAA)

Aerial Masts Height Approvals

In order to build aerial masts, relevant approvals are needed from Kenya Civil Aviation Authority. The height permits are normally granted indicating the height granted for every mast that is to be constructed.

According to Kenya Civil Aviation Authority (KCAA), the following provisions apply in the erection of masts and other structures.

1.       That no mast or obstacle shall be erected or in the vicinity of an aerodrome, where the obstacle may prevent an aircraft operation from being conducted safely or the aerodrome from being usable.
2.       That no object shall penetrate the obstacle limitation surface, without the written permission of the Authority, where the object may cause an increase in an obstacle clearance altitude or in the height for an instrument approach procedure or of any associated visual circling procedure.
3.       Additionally, no person shall not construct a building or a structure within the vicinity of an aerodrome unless authorised by the Authority.

The applicant for this service shall fill the aerial masts and other structures Application form and send the same to the Authority with the requisite supportive documents. The applicant shall be required to pay the applicable fee as published in the current aeronautical circular.

Once reviewed by taking into consideration the existing regulatory requirements, the Authority shall grant an approval to allow the applicant to proceed with the erection or construction of the mast, Structure or building. The Authority shall conduct random inspection to confirm if the approval granted is being adhered to.

PLANNING (DEVELOPMENT) APPROVAL

One of our main services includes seeking development approvals and change of use of property in Kenya.

Development Approval is a legal document that allows you to undertake a development. Development Approvals specify the design and other documents that the development must follow – i.e plans for the location and design of the mast and the structural details for the building such as the depth of footings.

In order for any mast to be built, development permits are required to be obtained from the local authorities under which the development falls. Further, there is always need for change of user from the existing use to telecommunication. This is in order to get the approvals from the county government.

We therefore ensure that in each development, Architectural plans are approved by the County Governments.

Procedure or Obtaining Change of Use of Property in Kenya (PPA2)

The power to control land use and development in Kenya is vested in the County Governments and therefore the owner or the legal entity of any property, who intends to develop his/her land for any purpose other than that earmarked in the approved Master Plan, will make an application, along with relevant documents, to the respective County Governments’ Department of Physical Planning for consideration through a registered physical planner.

PROCEDURE The process includes:

1.       Placing an advertisement and getting recommendations from members of the public and line ministries, which are obtained by the County Government. The application is often combined with one for a construction permit.
2.       The investor, through a registered physical planner will make an application for the change of user through filling in PPA 1 form, which must be duly signed by the physical planner.
3.       The planner and the investor will then publish public notices regarding the proposed change of user in two daily newspapers, inviting objections from the public within a period of not less than fourteen (14) days. A site notice will also be placed on the site indicating intention to change its use within the same duration.
4.       Planning brief/report for the site is prepared by the physical planner. The process of preparing and implementing a planning brief/report provides a framework for collecting information about a site, and investigating and evaluating different interests in it. The brief will explain why the change of use is in line with the policy and why it will not have any negative effects on the land and the neighboring properties. The process could take from one day to 7days depending on the scale of the project
5.       The requisite fee will be paid to the respective County Governments and the receipt annexed to the planning brief/report prepared by the physical planner.
6.       The brief will then be submitted to the County Government's Department of Physical Planning for approval.
7.       The County Government then receives submissions from the general public on any opposition to the change of use. This process could take up to 14 working days:-
8.       The County Government will then review the Change of Use proposal/brief with the public objections received if any and will pass a resolution, recording reasons, regarding its consideration or non-consideration for the change. This process takes a minimum of 20 days and could extend depending on the requirements the County Government wants fulfilled.
9.       The authority shall, if it finds that the changes sought are relevant to planning principles and are in public interest and are not in contravention to any other statute, give permission for the same by issuing a PPA2 form.

REQUIREMENTS

In summary, below are the requirements for application for a change of user.
· Two duly filled P.P.A 1 forms in triplicate submitted and signed by a rgistered physical Planner
· Planning Brief prepared by a Registered Physical Planner (signed accordingly)
· Ownership documents (Title Deeds)
· Comprehensive Location Plan
· Advertisement of proposal on: a) Two local dailies, b) On site
· Application fee receipt
· Latest Rates payment receipts

NEMA (NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY) APPROVAL

The CSS consultant who is a registered NEMA Lead expert normally undertakes Environment Impact Assessment (EIA) for purposes of securing the License.
This is normally done for projects prior implementation whose aim is to outline the anticipated impacts likely to emanate from a particular project and their mitigation measures.
What does it entail?
•   EIA project launch, stakeholder consultations and surveys and administration of questionnaires to the neighborhood.
•   Collection of complete questionnaire, survey analysis and meeting feedback from the neighborhood
•   Detailed preparation of project reports
•   Submission of Project Reports to NEMA offices
•   Addressing any concerns raised by NEMA
•   Obtaining statutory Licenses from NEMA