Appeal of decisions regarding detailed development plans and area regulations directly to the Land and Environmental Court
In November 2016 the Swedish government presented a government bill to the Swedish parliament regarding what legal instances that are to handle questions related to detailed development plans and area regulations. Municipal decisions to accept, amend or repeal detailed development plans or area regulations shall, according to the proposed amendments, no longer be appealed to the County Administrative Board. Such decisions shall instead be appealed directly to the Land and Environmental Court. All referral bodies have criticised the proposal arguing that there is a risk of ineffective handling and that the Land and Environmental Courts are already overloaded with work. The government has however, despite this, chosen to stand by the amendments justifying this by pointing at the importance of shortening the municipalities’ handling time in order to promote community projects as for example public housing. The amendments are proposed to enter into force on June 1st 2016.
For more information, click here >> to read the article written (in Swedish) by Foyen on the subject.
New rules regarding noise and traffic noise
On January 1st 2016 new rules regarding noise will enter into force. These new rules will apply to errands regarding detailed development plans and building permits initiated on January 2nd 2016 or later. The amendments has been prepared in two different government bills (Government Bill no. 2013/14:128 and Government Bill no. 2015/15:122) and will lead to stricter requirements on noise regulations (especially in order to prevent inconvenience to human health) and new rules regarding the coordination of noise between the Environmental Code and the Planning and Building Act. Another effect is that courts and authorities can no longer, in new conditions or in environmental permits, impose stricter noise requirements on operators than those provided in the noise calculations in a detailed development plan or a building permit.
Earlier this year amendments regarding traffic noise entered into force. According to the amendments there are new guidelines concerning the level of noise that should not be exceeded by the facades of the buildings or outdoor areas, as well as rules regarding so-called “quiet sides” in the event that the noise levels are too high. The new regulation entered into force on June 1st 2015 and applies to residential buildings constructed after June 1st 2015.
For more information, click here >> to read the article written by Foyen regarding building permits and noise.
Do you have questions regarding detailed development plans or building permits and noise? Please contact
Pia Pehrson, Lawyer/Partner
+46 733- 22 84 42, pia.pehrson@foyen.se
