Sweden – Response to Case 2007
Paper to the Case Sweden – Polderadeel
A. Applicable regulation
The industrial/business area and the extension of the residential area requires a Detailed Development Plan before a building permit can be granted (see the paper on the Swedish planning and permit system). The plan is adopted by the municipality.
The highway is regulated in the National Roads Act, and plans for highways (and other major roads) are decided by the National Government.
Due to the ponds the regional park requires a permit from the Environmental Court, ac-cording to provisions in the Environmental Code. If a number of facilities will be con-structed a Detailed Development Plan must be prepared.
For several wind turbines a principal permit is granted by the National Government (and the Environmental Court may then impose conditions on the construction of the turbines). In this case (normally) a Detailed Development Plan must be prepared by the municipality.
B. The relationship between the state and the municipality
The State (County Administrative Board) can intervene in municipal decisions concern-ing detailed development plans and building permits under certain conditions. That is if the municipal decision
(1) will not satisfy a national interest within the scope of the Envi-ronmental Code;
(2) regulates matters of the use of land and water areas affecting more than one municipality in a way that does not provide suitable coördination;
(3) does not observe an environmental quality standard; or
(4) leads to a built environment that is unsuitable with regard to the health of residents and others or the need for protection against accidents.
In the cases above the highway and, probably, the wind turbine park will be regarded as ‘national interests’.
C. Developer contribution to public amenities
A developer is, according to the legislation, only obliged to contribute in the costs for local (on-site) streets/roads, green areas and water & sewage pipes. However, developer contribution may, in practice, be higher by the use of ‘voluntary’ development agreements.
D. Management of residential area
If I understand the question, this is very unusual in Sweden. However, a theoretical possibility is that the municipality is the original landowner and then the site-leasehold system. The lease contract can, at least to some extent, regulate management issues.
Prof. Thomas Kalbro
Dept. of Real Estate Planning and Land Law
Royal Institute of Technology
Stockholm, Sweden