Danish Ports
Member Login

Consultation Responses

Danish Ports' Response to the Public Comment Period Regarding the Proposed Amendment to the Planning Act

Danish Ports appreciates the opportunity to comment on the proposed amendments to the Planning Act. Several of the proposed amendments may have direct relevance to commercial ports and their operational and development prospects.

Danske Havne fully supports the proposal’s goal of making it easier for businesses to adapt and grow their operations without being hindered by unnecessary regulations. Commercial ports and port operators regularly face this issue, 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 to ensure the timely involvement of relevant and nearby land managers, particularly commercial ports. It would be beneficial to explicitly highlight this in the explanatory notes to the bill so that it is absolutely clear to municipal planners. 
  • Danish Ports understands the goal that changes to coastal and beach protection should create new opportunities, particularly in remote areas. A prerequisite for approval of specific changes is that they can be implemented 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, explicitly defined national interest in municipal planning, and Danske Havne looks forward to seeing this stronger protection fully reflected in municipal planning going forward. 
  • Danish Ports supports initiatives to promote growth and new businesses throughout the country. This may also include areas near commercial ports. Further removal of shoreline protection lines can be both an advantage and a disadvantage for a commercial port, so analyses and assessments must be conducted before the line is removed. 
  • Danish Ports is in favor of a decentralized approach to tourism development, as fishing ports and smaller ports in particular may have facilities where commercial and industrial activities can coexist very well with tourism. However, it is important that efforts to increase tourism do not end up restricting activities in the rest of the port. The local port board should be involved to ensure the right balance is struck. 

Comments on selected sub-proposals: 

Regarding the proposal to allow the removal of the beach protection line in areas near towns in or around harbors 

In certain cases, it may make good sense to lift the shoreline protection line in areas close to urban centers in or around ports. Both the commercial port and the city can benefit if the lifting of the line and the subsequent planning are carried out in close collaboration between the municipality, the port, and the port’s users. This requirement should be included in the bill. 

Regarding the Minister of Cities and Rural Areas being granted the authority to issue pilot project permits for tourism projects without a prior application round and based on revised criteria 

New vacation home areas and resort complexes must be located far enough away from commercial ports so that conflicts with the commercial port—regarding, for example, noise, light, odors, or similar issues—do not arise at a later date. The port’s development plans must be taken into account in this regard. 

Furthermore, the explanatory notes to the bill explicitly state that “new vacation home 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. 

Regarding the proposal to expand opportunities for longer-term temporary employment 

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

Danish Ports opposes the proposal to allow for a longer period of temporary use. Fifteen years is too long, and during that time, the activities of the port and port operators may have grown significantly, and the temporary use would hinder the port’s other activities. 

Regarding municipalities having greater flexibility to plan for urban development in the coastal zone in front of existing developments 

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 be established around commercial ports. 

A violation of this provision could result in the port’s and companies’ current and planned future activities being hindered, made more expensive, or directly halted. This consideration applies not only in cases involving specific national interests, but also generally to the protection of businesses, industry, and shipping. 

The proposal to remove the requirement for a specific planning or functional justification for coastal location when planning facilities in the open countryside within the coastal zone on 27 small islands, 14 small and medium-sized islands connected by bridges or to the mainland, and the five island municipalities that have municipal status, will hopefully give smaller commercial ports greater flexibility to meet their customers’ needs. 

Solar power systems installed in port areas and on the roofs and building surfaces of structures within the port’s boundaries shall not be subject to restrictions related to the desire to avoid solar power systems in the coastal zone. 

Regarding Stricter Requirements for Climate Adaptation in Municipal Planning 

Danish Ports fully agrees that municipal planning must be long-term and robust, and that it is therefore absolutely necessary to impose stricter requirements for climate adaptation in the municipalities’ physical planning. If such planning involves areas near or within a commercial port, it must always be carried out in close collaboration with the relevant commercial port(s). 

It may also be relevant in relation to the risk of landslides and water that may flow onto the road network and port areas from the hinterland or the landward side.