Klage over Stevns Kommunes vedtagelse af lokalplan nr. 145 og kommuneplantillæg nr. 7

Two residents within the local plan area lodged a complaint with the Natur- og Miljøklagenævnet on June 4, 2015, concerning Stevns Kommune's final adoption of Lokalplan nr. 145, "Område til boligformål i Strøby Egede Nord," and Kommuneplantillæg nr. 7 to Kommuneplan 13. The case was subsequently transferred to Planklagenævnet on February 1, 2017, in accordance with Lov om Planklagenævnet § 14, stk. 2.

Forløbet før vedtagelsen af planerne

Stevns Kommune initiated the planning process due to several ongoing projects, including proposed apartment buildings at specific addresses. The draft Lokalplan nr. 145 and Kommuneplantillæg nr. 7 were adopted on December 18, 2014, and subsequently underwent public consultation from December 20, 2014, to February 15, 2015.

Klagerne submitted a hearing response on February 14, 2015, raising concerns about:

• Lokalplanforslagets § 3.3 regarding the use of sub-area 1.
• Lokalplanforslagets § 9.2 concerning roof pitch.
• The absence of building fields in the local plan.
• Perceived inconsistency between the local plan and Kommuneplantillæg nr. 7.
• A request for similar building conditions and heights on their property based on the principle of equality.

The municipality received 34 comments during the hearing period, which were compiled into a "hvidbog." However, some remarks, including the klager's comments on the principle of equality, were not explicitly reproduced in the hvidbog, as they were deemed not directly related to the local plan's content.

Vedtagelsen af planerne

Stevns Kommune finally adopted Lokalplan nr. 145 and Kommuneplantillæg nr. 7 on March 26, 2015. The matter was deliberated at a municipal council meeting, where the submitted objections and the hvidbog were included as appendices. The plans were officially published on May 8, 2016.

Ændringer i forbindelse med den endelige vedtagelse

Based on the received objections, several changes were incorporated into the final local plan compared to the draft. These included:

• Adjustments to building heights at [adresse1], reducing maximum heights for certain parts from 17 m to 14 m.
• Removal of a section from Lokalplanens § 11.5 concerning terrain regulation at [adresse1].
• Amendment of Lokalplanens § 3.6 to allow sub-area 4 for "park, cultural and recreational purposes, as well as technical facilities for supply," aligning it with Lokalplanens § 4.5.
• Introduction of building lines for [adresse4] in Lokalplanens § 8.3, permitting a 1 m high wall on roof terraces in addition to the 8.5 m building height.
• Inclusion of information in the local plan's explanatory statement regarding a servitude to be cancelled.
• Various editorial corrections in the local plan's explanatory statement.

De vedtagne planer

Lokalplan nr. 145 aims to facilitate demolition, new high-quality architectural construction, subdivision for utility facilities, and regulation of outdoor areas. Specifically, Lokalplanens § 3.6 designates sub-area 4 for park, cultural, recreational, and technical supply purposes, while Lokalplanens § 4.5 permits subdivision of sub-area 4 for technical supply facilities. Lokalplanens § 8.3 sets building height limits, allowing parts of buildings at [adresse1] to be up to 14 meters high, and other new buildings in the area to be 8.5 meters high.

Kommuneplantillæg nr. 7 transferred rammeområde 3B12 to 3B1 and amended the framework for 3B1, allowing for dense low-rise, open low-rise, and apartment buildings, with consideration for the area's character. It did not specify building heights.

Kommuneplanen for Stevns Kommune

Kommuneplan 13 included general provisions stating that, unless otherwise specified in individual framework provisions, building heights and number of floors should adhere to the current building regulations (e.g., max 2 floors and 8.5m for single-family homes). Detailed planning, including maximum building heights, was to occur through local planning. Kommuneplan 13 and its supplements, including Kommuneplantillæg nr. 7, were superseded by Kommuneplan 2017, adopted on December 21, 2017, and published on March 20, 2018. Kommuneplan 2017 continued rammeområde 3B1 with some changes, including replacing "apartment buildings" with "etagebebyggelse" and introducing specific height limits for different building types.

Planklagenævnet has reviewed the complaint regarding Stevns Kommune's final adoption of Lokalplan nr. 145 and Kommuneplantillæg nr. 7. The nævn's competence is limited to legal questions concerning a municipality's decisions under Planloven § 58, stk. 1, nr. 3. This includes assessing compliance with the procedural guidelines in Planlovens kapitel 6 and consistency with the kommuneplan. The case was processed under the rules of the Planloven applicable before June 15, 2017, as the plan proposals were sent for public hearing prior to this date.

Afvisning af klage over kommuneplantillæg

Planklagenævnet has decided to reject the complaint concerning Kommuneplantillæg nr. 7 to Kommuneplan 13. This is because Kommuneplan 13 and its supplements, including Kommuneplantillæg nr. 7, were superseded by Kommuneplan 2017, which was adopted on December 21, 2017, and published on March 20, 2018. As the tillæg is no longer valid, the nævn cannot annul it. Furthermore, Kommuneplan 2017 has not been appealed. Consequently, the complaint is deemed outdated.

Offentlighedens inddragelse

The local plan proposal was subject to public hearing for over 8 weeks, from December 20, 2014, to February 15, 2015. The final adoption occurred on March 26, 2015, more than 4 weeks after the objection deadline, in compliance with Planloven § 27, stk. 1 and Planloven § 24, stk. 3. While the municipality is not obligated to accommodate objections, the nævn noted that the klager's remarks regarding the principle of equality were not explicitly reproduced in the hearing note, although the full hearing response was appended to the municipal council's agenda. Planklagenævnet found that this omission did not constitute a significant legal defect, as the objection was not a legal claim against the plan, and the municipal council was aware of the differing building possibilities. Therefore, the nævn cannot uphold the complaint regarding the municipality's handling of the klager's objection.

Ændringer i lokalplanen

The klager's point about discrepancies between the draft and adopted Lokalplan nr. 145 was interpreted as a complaint about changes made during final adoption. According to Planloven § 27, stk. 2, minor changes can be made without a new public hearing, unless they significantly affect other authorities or citizens. The nævn found that the changes made, such as adjustments to building heights, terrain regulation, and the addition of building lines, were not so extensive as to constitute a completely new plan proposal. The core content of the local plan remained unchanged, and the amendments, including the clarification of sub-area 4's use, were deemed consistent with existing provisions. The nævn concluded that these changes did not significantly affect the klager and thus did not require a new public consultation. Therefore, the municipality did not violate Planloven § 27, stk. 2.

Overensstemmelse med kommuneplanen

The complaint regarding the local plan's consistency with the kommuneplan, specifically concerning building height and number of floors, was assessed against Kommuneplan 2013, which was in effect at the time of the local plan's adoption. A local plan must not conflict with the kommuneplan's main structure, guidelines, or framework provisions, as stipulated by Planloven § 13, stk. 1, nr. 1.

Kommuneplantillæg nr. 7 did not specify building heights or number of floors for rammeområde 3B1. Kommuneplan 13's general provisions stated that in such cases, the limits from the current building regulations would apply. Since Lokalplan nr. 145 does not specify a maximum number of floors, and the municipality is not obligated to do so, the nævn found no conflict on this point. Regarding building heights, Lokalplanens § 8.3 allows parts of buildings at [adresse1] to be up to 14 m high. At the time, Bygningsreglement 2010 was in force, which did not specify a maximum height for multi-story residential buildings. Consequently, Planklagenævnet found no conflict between the local plan and the kommuneplan regarding building heights.

Planklagenævnets endelige afgørelse

Planklagenævnet cannot uphold the complaint regarding Lokalplan nr. 145, "Område til boligformål i Strøby Egede Nord," adopted by Stevns Kommune on March 26, 2015. Furthermore, the nævn rejects the complaint concerning Kommuneplantillæg nr. 7 to Kommuneplan 13, also adopted on March 26, 2015. The nævn's decision is final and cannot be appealed to another administrative authority, in accordance with Lov om Planklagenævnet § 3, stk. 3. Any legal action to review the decision must be initiated within 6 months, as per Lov om Planklagenævnet § 3, stk. 4. The decision was made by the chairman on behalf of the nævn, pursuant to Lov om Planklagenævnet § 4, stk. 1. The complaint fee will not be refunded, as the nævn did not reject the entire case, the complaint was not withdrawn, and the nævn did not rule in favor of the klager or otherwise amend the appealed decision, as per Bekendtgørelse om gebyr for indbringelse af klager for Natur- og Miljøklagenævnet m.v. § 2.