Denmark

Denmark

Country Introduction

Danish planning law is primarily based on the Planning Act. Certain sectoral planning provisions are laid down in the relevant legislation, e.g. regarding waste, water supply, roads etc. The Planning Act establishes a land use planning system as well as a general zoning system. Furthermore, the environmental impact assessment (EIA) procedures are incorporated into the planning system. The planning system includes a fairly comprehensive public participation process.

The land use planning system is based on a planning hierarchy where lower level plans may not contradict higher level plans. The planning hierarchy consists of national planning, regional planning, municipal planning and local planning. Plans are generally only binding upon the authorities except local plans that are legally binding upon individual citizens. As a consequence of the local government reform that enters into force 1 January 2007 the Danish planning system is currently in a transition period. The local government reform replaces the former 14 regional authorities (county councils) with five regions. The new regions will have much more limited responsibilities as regards land use planning. The number of municipal authorities are reduced from 274 to 98 municipalities. The municipalities are given a much stronger position as regards land use planning since the municipal plans will replace the role of the previous regional plans as the most important planning instrument with respect to the overall balancing of different land use interests.


 

Relevant Legislation

The Planning Act in Denmark Consolidated Act No. 813 of 21 June 2007 (18/12/2007)
This Act shall ensure that the overall planning synthesizes the interests of society with respect to land use and contributes to protecting the country’s nature and environment, so that sustainable development of society with respect for people’s living conditions and for the conservation of wildlife and vegetation is secured. Subsection.

Click to download: Planning Act Denmark 2007 (198kb)


 

Relevant Policies 

The 2006 national planning report- in brief (10/03/2008) 

The new map of Denmark. Spatial planning under new conditions

The reform of local government structure in Denmark will renew spatial planning, with increased decentralized autonomy for the municipalities combined with more prominent spatial planning at the national level. The reform will include a continuing high level of protection for nature, the environment and the landscape and townscape. In the draft national planning report five goals are presented that will apply to spatial planning in Denmark.

  • Rural and urban areas should be distinct.
  • Development should benefit all of Denmark.
  • Spatial planning should be based on respect for the identity of cities and towns, nature, the environment and the landscape and townscape.
  • Spatial planning and investment in infrastructure should be closely integrated.
  • Spatial planning should be comprehensive.
Click to download: 2006 National Planning Report.pdf  (Ministry of the Environment, Denmark, total 1500kb):

 

Relevant Websites 

Retsinformation.dk (18/12/2007) 

 

Brief Overview of Country Laws

Danish planning law – a short introduction (18/12/2007) 

Danish planning law is primarily based on the Planning Act. Certain sectoral planning provisions are laid down in the relevant legislation, e.g. regarding waste, water supply, roads etc. The Planning Act establishes a land use planning system as well as a general zoning system. Furthermore, the environmental impact assessment (EIA) procedures are incorporated into the planning system. The planning system includes a fairly comprehensive public participation process.

The land use planning system is based on a planning hierarchy where lower level plans may not contradict higher level plans. The planning hierarchy consists of national planning, regional planning, municipal planning and local planning. Plans are generally only binding upon the authorities except local plans that are legally binding upon individual citizens. As a consequence of the local government reform that enters into force 1 January 2007 the Danish planning system is currently in a transition period. The local government reform replaces the former 14 regional authorities (county councils) with five regions. The new regions will have much more limited responsibilities as regards land use planning. The number of municipal authorities are reduced from 274 to 98 municipalities. The municipalities are given a much stronger position as regards land use planning since the municipal plans will replace the role of the previous regional plans as the most important planning instrument with respect to the overall balancing of different land use interests.

National planning is produced in different forms by the Minister for the Environment. There is no overall national land use plan. Specific national planning provisions are laid down in the Planning Act providing planning rules for lower level planning in particular as regards coastal areas, retail trade and the Greater Copenhagen area. Furthermore, national planning directives of either a more general character or of a very specific character can be issued by the Minister. An example of a general national planning directive is the 1999 Circular on planning and rural zone permit for wind turbines. An example of a very specific national planning directive is the 2000 Circular on planning for a wind power testing station on a specific site. Certain powers for the Minister to call-in or veto lower level plans may also be considered a part of national planning.

Regional planning undergoes significant changes with effect from 1 January 2007 due to the local government reform. The regional plans have had a very strong position as regards the balancing of land use interests in particular outside urban areas – however also controlling urban spread. The existing regional plans will have effect until the adoption of new municipal plans in 2009. At regional level a new planning instrument will emerge in the form of so-called regional development plans.Regional development plans shall on a more strategic level describe the desired development for the region as a whole with respect to e.g. nature and environment, businesses, employment, education and culture. The regional development plans will only have a very limited legal effect.

Municipal planning shall after the local government reform result in municipal plans that lay down municipal planning guidelines for various land use interests. This includes not only planning guidelines for urban development, infrastructure and technical installations, but also planning guidelines for the safeguarding of other interests, e.g. nature, landscape, cultural, geological and agricultural interests, cf. Section 11 a) of the Planning Act. The municipal plans shall also provide an outline or a framework for local plans.

Local planning is the detailed planning level. A local plan is required for new activities that may lead to significant changes in the existing environment, cf. Section 13(2). Local plans may also be produced in other situations. Local plans are legally binding with the effect that activities may not be in contradiction to a local plan, cf. Section 18 of the Planning Act. On the other hand, activities in accordance with a local plan are allowed, unless other restrictions or permit requirements apply, e.g. building permit according to the Building Act.

The zoning system is primarily intended to protect rural areas from unplanned urban or industrial development. Areas that are not – in a local plan – designated as urban or summer cottage zones have the status of rural zones. In rural zones a rural zone permit is required for new buildings/constructions, subdivision and new use of existing buildings or land areas. However, certain exemptions apply, cf. Sections 36-37 of the Planning Act. This includes the exemption that if a project is specifically allowed in a local plan a rural zone permit is not required.

The EU EIA Directive has in Denmark primarily been implemented as a part of the planning system – originally at the regional planning level but from 1 January 2007 at the municipal planning level. If an EIA is required – either mandatory or as result of a screening – an assessment shall be carried out and municipal planning guidelines for the project shall be adopted. The municipal authorities may request the necessary information from the developer, but the municipal authorities publish the final assessment in the form of a statement attached to the municipal planning guidelines.

The EU SEA Directive has in Denmark been implemented by a separate Act on Environmental Assessment of Plans and Programmes.