Audible response

Danish Ports Association's consultation response regarding draft guidance on climate and sustainability in planning

Danish Ports acknowledges the opportunity to submit a consultation response to the draft guidance on climate and sustainability in planning.

General comments:
Danish Ports proposes an extra section in the guide, at the bottom of the chapter on Natural conditions and green areas in local plans. The section should deal with the prioritized use of recyclable raw materials and materials in terrain regulation and climate adaptation projects in the municipalities.

• Municipal use of dredged port sediments in climate adaptation projects and facilities has the potential to positively impact the national interest areas: Growth and business development, Nature and environmental protection, Climate protection; Considerations for national and regional facilities.
• In order to accelerate the development, Danish Ports urges that a section be added to the guidelines stating that coastal municipalities should actively consider the possible use of recycled raw materials, including excess local and regional port sediments in construction and coastal elevation projects of various kinds.
• In order to realistically provide these materials at the right time when they are needed, the considerations of the municipality should already be included in the planning stage. Methods, knowledge and technology have improved so much in recent years that it is time to include this element in the guidance.
• Such a section will support the implementation of the upcoming raw material strategy and increase focus on the use of secondary raw materials.

Specific comments:
Danish Ports finds that there is still a lack of focus on the task of increasing municipal use of secondary/recyclable raw materials, and that it will therefore make a positive difference to include the new criterion in the guidelines.

The consideration and a possible requirement e.g. can be inserted here: Section 15(2)(12) and (14) of the Planning Act:

Stk. 2. A local plan may include provisions on:[...]

12) design, use and maintenance of undeveloped areas, including terrain regulation, fencing, natural conditions, preservation of planting and planting conditions in general.

This may also be the case when climate adaptation is also planned in the local plans, where the municipality can, among other things, make the commissioning of what is to be protected against flooding conditional on the establishment of mitigation measures (section 15(2)(22) of the Planning Act).

From the draft guidance: "The municipality has a direct and overall responsibility when mitigation measures outside the local area are a condition for safe long-term occupancy. The Planning Act now allows municipalities to require the establishment of mitigation measures also outside the local planning area as a condition for the commissioning of the building etc. that is to be protected against flooding or erosion in local plans.

The establishment of the mitigation measures must be in accordance with sector legislation, such as the Coastal Protection Act, Flood Act and Watercourse Act.

The municipality will not be able to deviate from rules in other legislation on mitigation measures through local plan provisions, including rules on design and financing "in or outside the area covered by the plan" is inserted in section 15(2)(22) of the Planning Act."

It is obvious that municipalities should facilitate the use of climate-friendly and secondary raw materials, such as locally excavated port sediments, through planning as described above. The shipping channels and port facilities in the Danish commercial ports are important local and regional infrastructure facilities that support the achievement of the objectives in section 1 of the Planning Act.

Danske Havne is happy to participate in a follow-up dialog regarding this proposal.

Kind regards,
Camilla Rosenhagen