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Environmental law
4.1 The Danish Planning Act
The Danish Planning Act regulates planning at different levels throughout the country. According to the Planning Act, plans are carried out at three levels: national, municipal and local plans. The focus is generally on local plans, which may lay down very concrete lines for the operation of business in Denmark. Every plan must be in accordance with its immediate superior plan and thus requirements in a local plan may be illegal if they do not meet this requirement.
Every part of Denmark is divided into zones: urban zones, summer cottage zones or rural zones. The properties throughout Denmark are primarily reserved for use in accordance with the type of zone in which they are situated.
Within urban zones, local plans typically lay down various restrictions as regards the type of business allowed in an area.
In rural zones, the commercial use typically allowed of a property is related to fishery, forestry or farming. The general rule within rural zones is that the construction of new buildings or change of use of buildings is prohibited if the buildings or the changed use of the buildings are not necessary for the commercial use of the property concerned. If the buildings are necessary for commercial use, the situation of and details of the construction of the buildings may need approval by the local council.
The Planning Act also lays down guidelines for integrating the rules regarding Environmental Impact Assessment (EIA) into the municipal plans. The rules on EIA require large projects to be assessed describing the effects of the project on the environment and depending on the outcome of that assessment, approval by the local council to proceed with the project may be required.
