sou · GWB348EN · 2009-01-01 00:00:00 — Regional planning takes precedence over municipal planning, but the detailed plan is within the responsibility of the municipalities. A Finnish strategy was drawn up in 2006. consists of 19 regions and a large number of municipali- ties. It has a long tradition of local self-governance. The local and regional levels overlap one another to some extent as regards responsibility in planning matters. Central governments responsi- bility for physical planning comprises drawing up guidelines, ensuring that the municipalities and regions institute plans and ratifying them, exercising supervision, etc. The municipalities and regions have responsibility to produce local and regional plans that also embrace sea areas. A first initiative for spatial planning has recently been taken in . The Government ratified in 2006 an integrated management plan for the environment in the Barents Sea and in the sea areas outside Lofoten. The plan entails a form of zoning, as several protection areas have been designated. For example, prohibitions against oil platforms have been introduced in a number of areas. Furthermore, a number of preventive efforts have been taken as regards safety and oil disaster prepared- ness. is a decentralised state with a strong municipal influence. Under the local government reform which entered into force at the beginning of 2007 the municipal level acquired responsibility for planning of land areas and zones. This responsibility had previously rested with the regions, which now have a more strate- Planning of Swedish sea areas gic function without direct responsibility for planning. The Gov- ernment can influence the decentralised planning through national objectives and general guidelines. The municipal plans include sea areas within the baseline. On the other hand, the territorial sea is not included. No particular authority has currently an overarching responsibility for spatial planning in the economic zone. The sectors work separately and make adjustments between them- selves on an informal basis. The economic zone and the territorial sea are included in the responsibilities of central government. The directorate administers these areas on behalf of the government. This relationship is nevertheless not written in law but is a preconstitu- tional principle which simply exists. The relationships between responsibilities are therefore difficult to define. The Government has shown no present interest in making changes on this point. In there is a continual discussion on how conflicts regarding fisheries matters should be resolved. As regards the Øresund a special law, the Construction Act, was enacted including a provision that when conflicts arose, the Danish Folketing could solve them directly. The zoning issue has become topical through the Interreg project Balance. The Danish view is that any more far-reaching form of zoning, if such is to be intro- duced, should be undertaken in conjunction with the neighbouring countries. spatial planning as a concept is not greatly developed in the countries neighbouring . National principles of physical planning exist in all of them and are at present being developed and improved in certain of them. Several have well-developed planning in the zones including water areas within the baseline. is particularly far advanced in the matter of zone planning. In the municipalities are at present responsible for spatial planning. Planning in the territorial sea is, how- ever, less developed in the majority of countries, with the excep- tion of . Responsibility for the territorial sea is more dif- fuse in countries such as and . In several coun- tries there is a readiness in some degree to introduce zoning in the sea area. None of the countries today applies any form of binding Planning of Swedish sea areas zoning plan and for the present they are not conducting any dis- cussion about it. As regards planning in their economic zones, has come furthest and has a special authority with responsibility in the matter. The line which the Inquiry recommends thus means that and will be at the leading edge as regards spatial planning in the Baltic area. will also be the first to introduce spatial planning with binding elements and mechanisms for inspection through zoning. should to the maximum possible extent share and develop these ambitions and experiences with other countries. What is common to all countries is that they have recently begun to conduct discussions about planning for their sea areas at either the official level or the ministerial level. HELCOM is regarded by several countries as a suitable organisation in which to pursue questions about planning and zoning, in order to ensure that the work is undertaken on the basis of the ecosystem approach. HELCOMs organisation may need to be strengthened to enable the sector to be managed and developed internationally. Work in HELCOM should in that way complement work in VASAB, which has rather a coordinating role and expert function in creating forms of planning cooperation in the Baltic area. Commission will have an important role in continuing to elaborate guidelines for spatial planning in accordance with its Communication on EU policy. 4.7Implementation of Swedish spatial planning Swedish spatial planning should be introduced in several stages: 1.Based on the Inquirys proposals and views from the consulta- tion bodies, the Government should submit a proposal in prin- ciple to the Riksdag. 2.Following consideration in the Riksdag, the Government should appoint a Legal and Implementation Inquiry. Planning of Swedish sea areas The Legal and Implementation Inquiry should focus particularly on the following: Legislative changes consequent on the Riksdags decision. Defining the boundaries between the primary municipal and regional planning responsibilities within the baseline. Procedures for statutory review of and appeals against plans. Permits for authorities and enterprises. Procedures for consultation with municipalities and the general public. A zoning implementation plan. The need for organisational change and reinforcement of , and Planning The regional bodies need for change and reinforcement. Other matters arising. 3.Taking its point of departure in the detailed proposals by the Legal and Implementation Inquiry, the Government should produce a complete set of proposals, including proposals for constitutional changes, to be submitted to the Riksdag. 4.The Government issues the necessary ordinances and appoints a responsible central government authority. 5.Central government authorities and regional bodies begin the planning. 4.8Geographical areas with strong conflicting interests There are many cases of conflicting interests as regards nature conservation, activities and construction in Swedish sea areas. In general there are more interests that can come into conflict in inshore areas than in the open sea. The Inquiry has identified three cases where there are strongly conflicting inter- ests and where the risk of future conflicts is thus great. Planning of Swedish sea areas 1.Coastal and archipelago areas in proximity to major city areas. 2.Offshore shallows, where windpower interests and other interests collide. 3.Other countries claims to lay pipelines and cables or in other ways to exploit economic zone. There is growing interest in establishing activities both inshore and offshore. The driving force offshore consists both in the technical development making it possible to build permanent installations at greater depths and in more exposed situations, and in the striving for greater integration among countries, which requires fixed links in the form of cables, pipelines and . In step with the increased exploitation of the sea, there is also a greater need to protect other public interests, for example nature and cultural values. Activities and interests that are increasing and that can be expected to continue to increase are the following: Wind-power as an important substitute for fossil-produced energy. Construction targets have been established. Wave- power can also be developed in the longer term but this is at the present moment on a very small scale. Port activity is increasing but being concentrated on a smaller number of ports. The channels to the ports are being enlarged. Submarine cables and pipelines are being laid, both as a conse- quence of the construction of new wind- and wave-power installations, and to connect national electricity networks. Other types of cables, for example for telephony and data transmission, as well as gas-pipelines are being laid. Holiday homes and permanent dwellings along the coasts and in the archipelago, with their accompanying jetties and quaysides. Oil drilling (in the first instance, in the south-east Baltic Sea). Nature conservation and the protection of cultural values, as well as other types of protection, such as bathing-waters and protected areas for fish and shellfish. Open-air life and tourism. Planning of Swedish sea areas Activities that are expected to remain on approximately the same scale as today are as follows: Fishing must nevertheless compete to a greater extent than previously with other activities and interests, including in offshore areas. In the longer term, developments in the fishing industry are likely to be closely connected with the state of the relevant fish stocks. Dredging and the need for spoil disposal. Military activity, including exercises with naval units at sea and the danger areas associated with firing-ranges. There is an established planning process, within the framework set by the Planning and Act and the Environmental Code, for balancing different interests in areas (in the first instance, land-based activities). In certain cases there are, however, problems as regards the management of contradictions between public, often national, interests and individual interests. One example of this is protection of the right of access to the coastline, which in many municipalities has been greatly reduced through liberal dispensa- tions from the overall provisions on such protection contained in the Environmental Code. The Government is currently reviewing these provisions. Further out from the coast, in the open sea, there is no formal- ised planning model. conflicts of interest come to light only when actors show interest in establishing activities in a given area, for example windpower installations. It is not until the environ- mental impact assessments () have been prepared and the statutory review takes place that different interests are confronted with one another. The authorities have nevertheless to a greater extent begun to designate areas of national interest in offshore areas. Within the economic zone, and particularly as regards activities that affect several countries, there is even less public planning. Enterprises that are planning to build, for example, gas pipelines or windpower installations, thereby acquire the main responsibility both to produce knowledge bases, which can also contain new sur- veys, and to weigh the various interests of different countries. The UN Convention on Environmental Impact Assessment in a Trans- boundary Context (the Espoo Convention) requires an environ- Planning of Swedish sea areas mental impact assessment to be included in the documentation when applications are being assessed and also requires transbound- ary consultation. 4.8.1National interests and other protected areas National interests are part of the provisions in Chapter 3 and Chapter 4 of the Environmental Code about the management of land and water areas. The geographical extent of national interests is specified both in Chapter 4 and in decisions by a number of central authorities based on Chapter 3. What kind of interests the authorities can define as being a national interest, and who these authorities are, is laid down in Ordnance (1998:896) on the Man- agement of Land and Water Areas. Chapter 4 of the Environmental Code specifies the areas that, with respect to their nature and cultural values, are of national interest in their entirety (Figure 4.1). Within the areas designated as being of national interest for outdoor life, the interests of tour- ism and above all the interests of outdoor leisure activities must particularly be taken into account in assessing the permissibility of exploitation or other intervention in the environment. In addition to these areas specified in the Act, the Swedish EPA, pursuant to Chapter 3, Section 6 of the Environmental Code, has also desig- nated areas of national interest for outdoor leisure activities. Figure 4.1 shows both these types of national interest for outdoor life, combined in one category. In areas that constitute unbroken coastline under Chapter 4 Section 3 of the Environmental Code, no large industrial installa- tions may be built. In certain areas, only limited exploita- tion is permitted. Holiday home construction can take place only in the form of additions to existing housing. If there are special reasons other holiday homes may be built, preferably where this meets the needs of outdoor leisure activity or where it is a matter of individual holiday homes near major densely populated regions. Industrial structures may only be erected in places where others are already in existence. Areas that are of national interest for the fishing industry, nature conservation, cultural environment, windpower and ship- ping are designated by authorities based on Chapter 3 of the Envi- ronmental Code (Figure 4.2). Planning of Swedish sea areas designates areas of national interest for commercial fishing. These areas must be protected against measures that may impede com- mercial fishing in them. The Swedish EPA designates areas of national interest for envi- ronmental protection and designates areas of national interest in the protection of the cultural environ- ment. These areas must be protected against measures that can cause evident damage to natural or cultural environments. designates areas of national interest for windpower and the designates areas of national interest for . In so far as possible these areas must be protected against measures that can cause problems in the con- struction or exploitation of installations (windpower generating stations or lanes). has established a trawling limit within which no trawl-fishing may be carried out (Figure 4.3). There are nevertheless certain exceptions from this general rule. Beyond the trawling limit, applies fisheries legislation (including special provisions) governing pro- tected areas for fish and shellfish. There are a number of such areas, of which some are permanent while others apply only for a certain period of the year. Areas of national interest for should be compared with the actual traffic (Figure 4.4). It is evident that many ships entering Swedish waters do not call at a Swedish port but only pass through on their way to other countries. There is a dis- tinct route in the Baltic Sea towards the Bay of and Russian ports. The majority of pass through the Great Belt or the Sound on the way to the Baltic Sea. In the sea areas there are also areas of national interest for defence that are designated by the Armed Forces (Figure 4.5). They comprise both exclusion areas associated with firing ranges along the coasts and firing and exercise areas at sea for naval units. Such areas must be protected against measures that can cause evi- dent problems for the construction or use of the installations. If an application in respect of an area is made for incompatible purposes, the defence interest must in law be given preference. Area protection under Chapter 7 of the Environment Code is developed primarily for land areas. The majority of sea areas enjoying the status of nature reserves have received protected status with regard to the natural values that exist on land, i.e. Planning of Swedish sea areas shores and (Figure 4.6). Only in a small number of cases has the submarine environment been designated as important when a nature reserve has been formed. That is usually because of inade- quate knowledge about the sea bottom and about the living envi- ronments and species that are to be found under the surface. There are also relatively few Natura 2000 sites in sea areas. Within both HELCOM and OSPAR work is ongoing to estab- lish networks consisting of protected areas in the environ- ment. The areas that has designated as requiring protection are listed in Figure 4.7. The majority of known cultural relics on the sea bottom are wrecks of ships and boats. Ancient remains under water are pro- tected under the Heritage Conservation Act (1988:950) in the same way as ancient remains on land. As regards wrecks the legal protection applies if at least 100 years can be assumed to have passed since the ship became a wreck. The National Heritage Boards ancient monument information system (FMIS) holds information about wrecks and other cultural remains on the sea bottom (Figure 4.8). Another factor that affects the exploitation of the coast and sea and the risks of conflicts of interest is the population distribution (Figure 4.9). The majority of densely populated areas are in south- ern , with the greatest population concentration around , and . Planning of Swedish sea areas Figure 4.1 The map shows areas of national interest for outdoor life, areas that represent unbroken coasts and areas where only limited exploitation is permitted under Chapter 4 of the Environmental Code. As regards outdoor life, areas designated by the Swedish EPA, pursuant to Chapter 3 of the Environ- mental Code, are also included Source: The Swedish EPA (Outdoor life) Planning of Swedish sea areas Figure 4.2 The map shows areas of national interest for the fishing indus- try, environmental protection, the cultural environment, wind- power and . The areas are designated by government authorities pursuant to Chapter 3 of the Environmental Code and Ordinance (1998:896) on the management of land and sea areas. The areas designated as being of national interest for windpower also include areas that will shortly be confirmed by the Source: , the , the , and the Swedish EPA Planning of Swedish sea areas Figure 4.3 The map shows the Swedish trawling limit. Within the trawling limit trawl-fishing is banned (subject to the exception stated in the regulations of ). In the Sound there is a general ban on trawling Planning of Swedish sea areas Figure 4.4 The map shows traffic in Swedish and adjacent waters. The map is based on data from the reporting system for AIS-information (). This is a safety system for , based on continuous transmission of information on position, course and speed Planning of Swedish sea areas Figure 4.5 The map shows areas of national interest for total defence. The areas are designated by the Armed Forces based on Chapter 3 of the Environmental Code and Ordinance (1998:896) on the management of land and sea areas Source: Swedish Armed Forces Planning of Swedish sea areas Figure 4.6 The map shows nature reserves and Natura 2000 sites in Swedish and sea areas, and also in large lakes Source: Swedish EPA Planning of Swedish sea areas Figure 4.7 The map shows areas included in HELCOMs and OSPARs respective networks of protected areas (in Swedish waters) Source: Swedish EPA Planning of Swedish sea areas Figure 4.8 The map shows wrecks and other sea-bottom relics registered in the () of Planning of Swedish sea areas Figure 4.9 The map shows the major densely populated areas in Source: Land Survey of Planning of Swedish sea areas Areas that for various reasons have been designated as being of national interest, and various types of protected areas, overlap with one another in a number of instances. It is difficult to judge whether this entails a real risk of conflicts of interest, or whether it is rather a case of stereotyped resort to use of the national interest instrument. The overlaps are most evident in areas, and also where many interests are present in a small area, for example south of and in the southwest Baltic. It is also clear that the total of all sea areas to which some form of restriction applies (national interest or environmental protection) is very large. National inter- ests have a weaker legal status than nature reserves and Natura 2000 sites. In Chapter 3 Section 10 of the Environmental Code it is stated that insofar as an area is of national interest for a number of incompatible purposes, preference must be given to the purpose or purposes that in the most appropriate way promote(s) long-term management of land, water and the physical environment at large. If a defence installation lays claim to an area or part of it, the defence interest must take precedence. Apart from these principles stated in the Act, there is no system for balancing between differ- ent national interests. If incompatible national interests are declared for one and the same area, this situation persists until it is submitted to the courts in a case relating to use of the area. 4.8.2Geographical areas in which there is greatest risk of conflicts of interest are described some examples of areas where strong opposing interests are considered to exist and where the risk of conflict is therefore judged to be great. and archipelago areas in proximity to major city areas Generally, the risk of conflicts of interest is greatest in very densely populated areas. In these places there is strong competition for space and resources. That means that the majority of conflicts of interest should arise in areas close to major cities. In already established areas, however, a new balance has often been reached. Planning of Swedish sea areas Interests such as environmental protection have then had to give way to other interests, for example housing construction and infra- structure. In areas that are growing in economic and population terms, the free space diminishes and the risk of conflict increases. The archipelago, which in this example embraces and sea areas in the counties of , and , is an area where many different interests meet. In its inner parts, there are major urban areas and major roads. That is particularly evident in municipality and in the municipalities that surround it, for example , , and . There are road connections to many in the inner archipelago and considerable regular boat traffic to other (Figure 4.10). There are in addition extensive settle- ments of second homes in the archipelago which to an increasing extent are being converted for all-year occupation rather than summer use only (Figure 4.11). Increased construction of second (holiday) homes and all-year-round homes leads to an increase in the consumption of groundwater, with the risk of salt- water intrusion. On a number of there is already a problem because saltwater contamination has rendered groundwater unfit to drink. Planning of Swedish sea areas Figure 4.10 The map shows various forms of communications to the in the archipelago Source: Land Survey and the Office of Regional Planning and in Planning of Swedish sea areas Figure 4.11 The map shows exploitation of the in the archipelago in the form of overall built-up area (place) and sec- ond (holiday) home areas Source: GSD-Land and Vegetation Cover, the National Land Survey of . Planning of Swedish sea areas outer archipelago is by contrast relatively unexploited and unaffected. The area as a whole has great natural value and represents a type of archipelago that is unique in the world. Within it are many protected areas (Figure 4.12). Large parts of the archi- pelago are designated as being of national interest for outdoor life. The middle and outer archipelago are designated as being of national interest for environmental protection. is moreover planning new respect areas which must be free of traffic noise, particularly from boat traffic.