The proposal for a new Land Use Act contains several new elements to promote planning and the smooth running of processes. The provisions on the right of appeal will also be revised.
RT has issued its statement on the government's proposal regarding the revised Land Use Act in the summer. The current Land Use Act is based on the Land Use and Building Act and includes provisions on zoning and zoning procedures. The bill will go to Parliament during the winter.
Landowners' right of initiative and cooperative planning are enshrined in law
The Land Use Act is introducing new provisions on the landowner's right of initiative regarding the local plan and master plan. The municipality must respond to the landowner's initiative within a 4-month period. The right of initiative will activate landowners to promote, in particular, feasible complementary construction projects.
In addition, the law includes provisions on the preparation of a plan in cooperation between the municipality and the landowner. The decision on cooperative planning is made by the municipality, the municipality directs the planning and makes the decision on the plan. Partnership planning has been possible until now, but the entry into law clarifies the practice.
For example, the Niittykallio master plan for Espoo was initiated by a landowner and the city promoted the project because it wanted to develop the area around the Niittykumpu metro station. The master plan was also prepared together with the landowners. The project resulted in a new dense residential area near the metro. The municipality received significant land use fees, which were used to finance municipal engineering in the area and the construction generated tax revenue for the state.
New obligation for municipalities to assess the cost impacts of construction in zoning
The law also adds an obligation for planners to assess the economic impact of planning solutions on construction costs when preparing a local plan, which is specifically aimed at the project implementers. In the worst case, planning solutions can be a financial obstacle to implementing a project. For example, Rakli has prepared a report on the cost effects of planning regulations such as car and bicycle parking and common space requirements, which planners could utilize in their work. RT considers the new provision to be a very necessary addition.
In urban planning complaints, we will follow the Swedish model
In the future, all members of the municipality can still appeal against the master plan. The situation will change with regard to the local plan and not all members of the municipality would have the right to appeal. The right to appeal against a local plan decision based on the master plan would be based on the party involved, i.e. whether the plan affects someone's right, obligation or interest. The right to appeal for communities such as local associations is conditional on the association having made a complaint about the proposed plan, although the law does provide three exceptions to the obligation to make a complaint.
The appeals system can be considered to be similar to the one currently in use in Sweden. Therefore, a new, similar model in Finland would also meet the requirements of international agreements and EU law.
Wind power construction regulations are strict – the required minimum distance from settlements is problematic
A construction permit for wind power can in principle be applied for based on the master plan. If the wind power area is not designated in the provincial plan, the distance of the wind power plant from the settlement must, however, be at least eight times the total height of the wind power plant. The minimum distance does not need to be observed if all landowners and land lease holders located at a similar distance give their written consent to the construction of wind power. RT does not consider the proposal for regulation of wind power to be appropriate.
See also
More information
Anu Kärkkäinen
Director, Economic Policy Affairs
anu.karkkainen@rt.fi + 358 50 337 6699Building Construction Industry Association