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Print articleChanges in the Planning and Building Act
March, 2008 - Erik Kjaer
Firstly the act now expressly states that planning and building shall promote good economic growth and effective competition. This change is a clear signal from the legislator that municipalities must not only take into consideration the social and ecological effects in their planning but also the development of commerce and the provision of commercial service. The change in the act will probably not have any major practical significance but it has expanded the scope for land developers to use the new provisions in negotiations with the municipality concerning land development.
One change which may have a more significant practical impact is that the circle of persons entitled to appeal a planning decision has been extended. The reason for this change is Sweden’s obligation to comply with the Åhus Convention, which concerns, amongst other things, the general public’s right to take action against a decision which may affect the environment. Previously only persons directly affected by a planning decision were entitled to appeal against the decision. In addition to that group, environmental organisations now are given a general right to appeal planning decisions if it is assumed to have a significant impact on the environment. A decision shall always be considered to have a significant impact on the environment when the decision is to be preceded by the preparing of an Environment Impact Assessment under the PBA. The right to appeal is only available for environmental organisations with over 2 000 members which have been active for more than three years. It is too early to forecast the extent to which this new right to appeal will be exercised by environmental organisations. It is quite clear, however, that controversial land development can be delayed or hindered by this amendment.
It was previously the case that contaminated land could not be subject to a change of use through an amendment to the zoning plan before the area had been cleaned up. The changes have also opened up an opportunity to decide on a change to the zoning plan regarding the contaminated area on the proviso that granting of planning permission is conditional upon the land being cleaned up. The changes to the act have created greater security for the land developers as planning permission can now be secured before costs are literally and metaphorically ploughed into the land in the form of clean-up.
One change which may have a more significant practical impact is that the circle of persons entitled to appeal a planning decision has been extended. The reason for this change is Sweden’s obligation to comply with the Åhus Convention, which concerns, amongst other things, the general public’s right to take action against a decision which may affect the environment. Previously only persons directly affected by a planning decision were entitled to appeal against the decision. In addition to that group, environmental organisations now are given a general right to appeal planning decisions if it is assumed to have a significant impact on the environment. A decision shall always be considered to have a significant impact on the environment when the decision is to be preceded by the preparing of an Environment Impact Assessment under the PBA. The right to appeal is only available for environmental organisations with over 2 000 members which have been active for more than three years. It is too early to forecast the extent to which this new right to appeal will be exercised by environmental organisations. It is quite clear, however, that controversial land development can be delayed or hindered by this amendment.
It was previously the case that contaminated land could not be subject to a change of use through an amendment to the zoning plan before the area had been cleaned up. The changes have also opened up an opportunity to decide on a change to the zoning plan regarding the contaminated area on the proviso that granting of planning permission is conditional upon the land being cleaned up. The changes to the act have created greater security for the land developers as planning permission can now be secured before costs are literally and metaphorically ploughed into the land in the form of clean-up.
