Appeals of the detailed development plan

The municipality's decision to adopt a detailed development plan can be reviewed by the county administrative board and can be appealed by individuals to the land and environmental court.

County administrative board review

The county administrative board has a responsibility during the detailed development planning process to safeguard government interests. This means that the county administrative board in the examination of the planning proposal assesses if:

• a national interest has been provided for
• an environmental quality norm has been followed
• coastal protection has been suspended in a correct manner
• coordination of issues concerning land and water areas that concern several municipalities has taken place in a suitable manner
• a development or structure is suitable considering human health and safety or the risk of accidents, flooding or erosion.

If the county administrative board finds that the municipality has not assessed and managed any of these issues in a correct manner, the county administrative board can rescind the municipality's decision within three weeks of the date that the municipality adopted the plan.

The county administrative board's decision to rescind the municipality's decision can be appealed to the government.

Appeals of the detailed development plan

The municipality's decision to adopt a detailed development plan can be appealed by a party affected by the decision and if the decision is negative for this party.

Such interested parties may be neighbouring municipalities and neighbouring regional planning bodies that are affected, private interested parties, tenant owners or other rights holders. It may also be tenants and known organisations of tenants whose members are affected. Interested parties include those who own properties or have rights (such as through a utility easement or easement) within the planning area or directly adjacent to it or can be considered directly affected due to the planning proposal.

Some environmental organisations may also have a right to appeal a decision to accept a detailed development plan.

Only those who submitted written comments within the review period that were not satisfied have the right to appeal. This does not apply if the decision went against the interested party by the proposal being changed after the review period or if the appeal is based on the decision not having arisen through due process.

Detailed development plans are appealed to the land and environmental court. A party that is not satisfied with the land and environmental court's decision can petition for leave to appeal with the land and environmental court of appeal.

The land and environmental court of appeal takes up matters for review that are considered to be of a principle nature and matters where the formal handling can be questioned.