Kristian Dreyer, attorney and partner at Svejgaard – Galst Law Firm, has assisted a group of citizen and their legal advisers in launching the citizen group's complaint against the Municipality of Copenhagen who – in their belief - failed its duty to provide district plan for the new subway stations on Old Beach and by the Marble Church of Copenhagen.

The Municipality of Copenhagen has submitted a proposal for municipal allowances based on an EIA report/assessment (environmental impact assessment) to the public between 1 July 2008 to 1st October 2008, and the Municipality of Copenhagen has also decided that the subway stations are not subject to any district plan.

The Municipality's decision not to provide district planning for the subway stations were appealed to the “Danish Environmental Board of Appeal”. The citizen group and their lawyer asked Mr. Kristian Dreyer, one of the leading experts in Danish real estate law, for assistance.

In the proceedings the citizen group, claimed that by creating the two subway stations, an obligation of the Municipality occurs to provide a district plan in accordance with section 13, subsection 2, in the planning law. The Municipality conversely argued that the location had already been established through the “Subway City Circle Law” and that the alignment and location of those stations could not be regulated in a district plan. The Municipality also claimed that the complaint deadline was exceeded.

Mr. Kristian Dreyer argued that the deadline for the filing of the complaint was not exceeded, since 1) the decision not to provide district plan was not publicly announced with proper complaint, etc. instructions, and 2) because the complaint was filed before the final adoption of the Municipal surcharge, which first occurred on 29 January 2009.

The Danish Environmental Board of Appeal followed Mr. Kristian Dreyer's arguments regarding the deadline for the filing of the complaint, and also that the Subway City Circle project is one of the largest building projects in Denmark in newer times and the change of use of both residential as well as undeveloped land in Copenhagen imply that the alignment and the location of the two subway stations must regulated in a district plan which the citizens of Copenhagen has a right to comment on.

The fact that the Subway City Circle Law, passed by the Danish parliament, was supplemented by a short appendix with a drawing of the specific location of the subway stations did not change the Municipality’s general obligation to provide a district plan. The mere scale of the drawing made several alternative locations possible. At the same time, it was stated that the EIA assessment in itself proves that even after the completion there will be a significant change in the use of land and the surrounding environment, as the Subway City Circle is expected to serve more than 240,000 passengers per day.

The district plan must be started of with a public hearing period were the citizens of Copenhagen can comment on the project. Such comments must be taken into consideration when finalizing the district plan.

The decision in the Danish Environmental Board of Appeal was made on 18 June 2009 in case NKN-33-02843.

Background:

The Subway City Circle will take the form of an approximately 15.5 km long underground railway and with frequent departures and operate without a defined timetable. The average travelling speed through the city will be 40 km/h, stops at stations included. The building project will be completed by the end of 2018.

Article Date: 18th November 2009

Author: Kristian Dreyer