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Municipal majority can stop detailed plan for graphite mine in Vittangi, page-84

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    Rather than sourcing information from third parties, let's look what the Act says.

    Translated from the Planning and Building Act:

    "Planning orders

    15 The government may order a municipality to adopt, amend, or repeal a detailed development plan or area regulations within a certain period (planning injunction), if it is necessary to satisfy an interest as referred to in Section 10, subsection 2, points 1 or 2.


    16 If the municipality does not comply with a planning order, the government may
    1. decide that the county administrative board, at the municipality's expense, shall draw up the proposal and otherwise do the work that according to ch. 5 is needed for the detailed plan or area regulations to be adopted, amended or revoked, and
    2. adopt, amend or revoke the detailed plan or the area regulations."


    Here is Section 10, subsection 2, points 1 or 2 that the above is referring to:

    "1. a national interest according to ch. 3 or 4 the environmental code is not met,
    2. the regulation of such questions about the use of land and water areas that concern several municipalities is not coordinated in an appropriate way,"


    In the same Section 10, it is noted:

    "When the county administrative board according to ch. 5 § 30, 38 or 39 has received a notification that a municipality has decided to adopt, amend or cancel a detailed plan or area regulations, the county administrative board must decide within three weeks whether it will review the municipality's decision or not.

    The County Administrative Board must review the municipality's decision, if the decision can be assumed to mean that
    1. a national interest according to ch. 3 or 4 the environmental code is not met,
    2. the regulation of such questions about the use of land and water areas that concern several municipalities is not coordinated in an appropriate way,
    3. an environmental quality standard according to ch. 5 the environmental code is not followed,
    4. beach protection according to ch. 7 the environmental code is repealed in violation of current regulations, or
    5. a building becomes unsuitable or a construction work unsuitable with regard to human health or safety or the risk of accidents, flooding or erosion.
    Law (2022:929)."


    Talga obviously went directly to the government, so whether or not CAB or the Ministry of Rural Affairs and Infrastructure deal with it, I'm not sure - but within three weeks is good news regardless.

    https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/plan-och-bygglag-2010900_sfs-2010-900/#K4
    Last edited by Gvan: 30/03/24
 
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