It is always only the municipality that decides if a detailed development plan shall be developed and if so when the work shall commence. The municipality has the right to discontinue the planning work at any time during the planning process.
As a property owner or developer, the formal contact with the municipality is normally begun with a request for a planning decision being submitted to the municipality. The municipality may charge a fee for a planning decision.
A request for a planning decision must be in writing and contain information on what measures are planned. A map must be attached that shows which area or site it concerns. It must also contain information, such as the number of residential units, the intended height of the buildings and how many apartments the buildings may contain.
The municipality is obliged to decide on a planning decision no later than within four months from the date when a complete request was received.
The planning decision must indicate if the municipality intends to begin development of a detailed development plan, and if so when an approved detailed development plan may be in place.
The municipality usually requires the developer to sign an agreement on how to share the costs for the planning work between the municipality and the developer. .
The municipality is responsible for the planning work
The municipality is always responsible for the formal part of the planning work. The developer can be assigned the responsibility for necessary studies and documentation.
The municipality proposes a detailed development plan based on the idea from the developer.
Depending on the extensiveness of the planned measures and the extent to which they may impact the environment, different requirements are set for the planning process. Therefor, the municipality initially makes an assessment of whether or not the detailed development plan can be presumed to cause a significant environmental impact.
The county administrative board safeguards national interests such as infrastructure and power supply, and Lantmäteriet safeguards property law issues and compensation issues during the planning process.
Affected stakeholders may comment on the planning proposal
The planning process usually starts with an announcement by the municipality on its website and in the local newspaper. The announcement informs that there is a plan proposal for a certain area, where the documents are available for review and during what period comments can be submitted.
The municipality may make necessary adjustments to the planning proposal it deems necessary based on the comments submitted.
After any adjustments, the municipality shall give all those affected the opportunity to review the finished proposal.
Known stakeholders, tenants, the county administrative board, Lantmäteriet and others shall be notified in writing that the finished proposal is available for review. They will then have at least two weeks to submit their comments.
All comments received during the planning process are compiled and responded to in a document, the review statement.
After the review, the municipality may only make minor adjustments to the planning proposal. If major changes are required, the review procedure shall be restarted.
Before the plan is approved, an implementation agreement is signed
Before the municipality decides to approve the planning proposal, an agreement is usually signed with the developer on how the plan should be implemented, the so-called development agreement. This type of agreement is specifically regulated in the Planning and Building Act.
When the practical and financial circumstances are completed, the municipality decides to approve the detailed development plan.
If the county administrative board considers that the municipality did not show necessary consideration to the national interests, it can repeal the municipality's decision.
Individual property owners and rights holders affected by the planning proposal and who have not had their comments addressed can appeal the decision to the land and environmental court within three weeks from when the plan was approved.
If no objections are submitted to the municipality, the decision gains legal force in three weeks and the implementation of the plan can begin.