Audible response

Danish ports' consultation response regarding proposed amendments to the Planning Act

Danske Havne acknowledges the opportunity to comment on the draft amendment to the Planning Act. Several of the proposed amendments may be directly relevant to commercial ports and their opportunities for operation and development.

Danske Havne fully agrees with the proposal's ambition to make it easier for companies to adapt and develop their businesses without unnecessary regulations getting in the way. Commercial ports and port companies regularly experience this, so Danske Havne looks forward to port-related improvements in this area. 

General remarks 

• When implementing specific proposals for changes to municipal planning as a result of this bill, it is important that relevant and nearby land managers, especially commercial ports, are involved at an early stage. This could be explicitly highlighted in the comments to the bill so that it is completely clear to municipal planners. 

• Danske Havne understands the ambition that changes in coastal and beach protection should provide new opportunities, including in remote areas. The specific changes must be approved on the condition that they can be established and operated without restricting existing commercial and industrial activities or their potential for future growth and development. 

• Commercial ports are of great importance to the economy and the green transition, both now and in the future. Port areas are therefore now included as a new explicit national interest in municipal planning, and Danske Havne looks forward to this stronger protection being fully reflected in municipal planning going forward. 

• Danske Havne supports initiatives to boost growth and new businesses across the country. This could also be near commercial ports. Further removal of beach protection lines could be both an advantage and a disadvantage for a commercial port, so analyses and assessments need to be done before the line is removed. 

• Danish Ports is positive about the decentralized development of tourism, as fishing ports and smaller ports in particular can have facilities where commercial/industrial activities can coexist perfectly well with tourism. However, it is important that efforts to increase tourism do not restrict activities in the rest of the port. The local port authority should be involved in order to strike the right balance. 

Comments on selected sub-proposals: 

Re: Proposal to possibly remove the beach protection line in urban areas in or around ports 

In certain cases, it may make sense to remove the beach protection line in urban areas in or around ports. Both the commercial port and the city can benefit if the removal and subsequent planning are carried out in close cooperation between the municipality, the port, and the port's users. This requirement should be included in the bill. 

Regarding the Minister for Cities and Rural Areas being given the opportunity to grant trial permits for tourism projects without a prior application round and according to amended criteria 

New holiday home areas and holiday centers must be located far enough away from commercial ports to prevent any future conflicts with the commercial port regarding noise, light, odors, or similar issues. The port's development plans must be taken into account here. 

Furthermore, the comments on the bill explicitly state that "new summer cottage areas must be located outside areas of special landscape and nature conservation interest and must not conflict with significant national interests." 

Commercial ports are now specifically designated as being of national interest. 

Re: proposal to increase opportunities for longer temporary use 

For temporary use in urban development areas or redevelopment areas at or near ports, it is important that the activity is not noise-sensitive. 

Danske Havne opposes the proposal to allow for longer temporary use. Fifteen years is too long a period, and during that time the activities of the port and port companies may have grown significantly, and temporary use will hamper the port's other activities. 

Regarding municipalities having better access to plan for urban development in coastal areas in front of existing buildings 

This may make sense in some cases. However, it is crucial that any new urban development along the coastline does not conflict with or encroach upon the protection and buffer zones that, according to the Planning Act, must surround commercial ports. 

Violation of this could mean that the port's and companies' current and planned future activities are hampered, made more expensive, or directly slowed down. This consideration applies not only where there are specific national interests, but generally for the protection of businesses, industry, and shipping. 

The proposal to remove the requirement for special planning or functional justification for coastal location when planning facilities in the open countryside in the coastal zone on 27 small islands, 14 small and medium-sized bridge and land-connected islands, and the five island municipalities that have municipal status, will hopefully give smaller commercial ports greater leeway to meet customer needs. 

Solar cell installations in port areas and on roofs and building surfaces in port areas should not be subject to restrictions in relation to the desire to avoid solar cell installations in coastal zones. 

Re: stricter requirements for climate adaptation in municipal planning 

Danske Havne fully agrees that municipal planning must be long-term and robust, and that it is therefore essential to impose stricter requirements for climate adaptation in municipal physical planning. If such planning involves areas near or on a commercial port, it must always be carried out in close cooperation with the commercial port(s) concerned. 

It may also be relevant in relation to the risk of landslides and water running onto the road network and port areas from the hinterland/landside.