Law amending the law on planning
(Climate lokalplaner and simplification of the law)
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law:
Of the law on planning, see. lovbekendtgørelse nr. 937 of 24. September 2009, as amended most recently by § 2 of the law No. 1273 of 21. December 2011, shall be amended as follows: 1. section 15 (1) is replaced by the following:
» A local plan shall contain information on the plan's purpose and effects. Purpose to define the programmatic justification, for example, addressing the concerns of climate change adaptation or prevention of pollution. '
2. section 16, paragraph 8 is replaced by the following: ' (8). The statement to the local plan proposals related to the conclusion of an agreement under section 21 (b) and section 21 (c), must contain information about how local plan the content of the proposal and formulation of provisions unrelated to the agreement. '
3. The title of Chapter 5 (a) is replaced by the following:
» Agreements on expansion of infrastructure as well as payment for certain municipality plan premiums and local plans '.
4. In paragraph 21 (b), paragraph 1, shall be inserted after ' urban ': ' or cottage area '.
5. In paragraph 21 (b), paragraph 1, shall be inserted after ' no. 1 «:», as well as for areas in rural zone '.
6. paragraph 21 (b), (3), 2. paragraphs, are hereby repealed.
7. Under section 21 (b) shall be inserted in Chapter 5 (a): ' § 21 c. at the request of a landowner may conclude an agreement with the landowner on the Municipal Council, the costs for the preparation of the municipality plan premiums and local plan for roll-out agreements, see. section 21 (b), paragraphs 1 to 3 shall be borne by the landowner. section 21 (b), (4) and (5) shall apply mutatis mutandis. '
8. In article 23 (a) shall be inserted after paragraph 2 as new paragraph: "(3). The Municipal Board's decision pursuant to paragraph 2, to be taken in one sitting. '
Paragraph 3-6 becomes paragraph 4-7.
9. In section 23 (b) shall be replaced by ' article 23 (a), paragraph 6 ' to: ' section 23 (a), paragraph 7 '.
10. In article 24, paragraph 2, the following is inserted as a 2. item:
» The same right has a Committee Member concerning the plan proposal, adopted by a Standing Committee or the Committee on Economic Affairs. '
11. In section 31 (a) shall be replaced by ' article 23 (a) (1) and 6 ' to: ' section 23 (a), paragraphs 1 and 7 '.
12. section 33 shall be replaced by the following: ' § 33. The Municipal Council may decide to remove 1) urban bylaws and local plans for land, who returned to the country zone, and local plans for the rural areas, when planning for the area is no longer needed, and 2) urban bylaws and local plans for urban areas and cottage areas, when the development of urban regulations or local plan area no longer makes it possible to manage permissions, etc. without the use of section 14 and section 19, as the area's previous zone status is maintained.
(2). Decision pursuant to paragraph 1, nr. 1, can only be taken after the owners of the affected areas have been given an opportunity to comment. The Municipal Council shall fix a time limit for doing so at least 8 weeks. Decision pursuant to paragraph 1, nr. 2, can only be taken after the Municipal Council has published proposals to repeal with accompanying explanation of the legal and factual consequences. section 26 (1) (8). 1 and 2, shall apply mutatis mutandis. In addition, must be communicated to reprimand justified after easements, which are estimated to be affected by the proposal. The Municipal Council shall fix a time limit of at least 8 weeks for making objections, etc. against the proposal for repeal.
(3). After expiry of the time limit referred to in paragraph 2, the 6. point, the Municipal Council approve the proposal for the waiver.
(4). The local authority provides notification of decision on waiver pursuant to paragraph 3 of the basic regulation. (1). 1, to the Minister for the environment and part owners. The Municipal Council shall publish the decision on waiver pursuant to paragraph 3 of the basic regulation. (1). 2, and gives notification of the decision in accordance with section 31, nr. 1 and 2, for any possible criminal prosecution and to the Minister for the environment eligible for easements.
(5). The Municipal Council shall transmit digital information on repealed statutes and local urban plans for the register, as the Minister for the environment has been created under section 54 b. ' 13. In section 34 (2), nr. 3, and paragraph 3, nr. 1, the words ' and '.
14. section 34 (2), nr. 4, is replaced by the following: ' 4) areas, such as in a local plan is transferred to urban areas, and '.
15. In article 34, paragraph 2, be inserted as nr. 5: ' 5) areas, which by the Municipal Board's decision pursuant to section 33, paragraph 1, no. 2, has maintained the zone status as urban areas. '
16. section 34 (3), no. 2, is replaced by the following: ' 2) areas, such as in a local level are transferred to the cottage area, and '.
17. In article 34, paragraph 3, the following is inserted as a no. 3: ' 3) areas, which by the Municipal Board's decision pursuant to section 33, paragraph 1, no. 2, has maintained the zone status as cottage area. '
18. paragraph 58 (b) is replaced by the following: ' § 58 b. complaints relating to agreements on expansion of infrastructure or payment for the municipality plan premiums and local plans, see. section 21 (b) and section 21 (c), may not be brought before another administrative authority. '
§ 2 the law shall enter into force on the 1. July 2012.
Given at Christiansborg Palace, the 18. June 2012 Under Our Royal hand and Seal MARGRETHE r./Ida Auken