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A broad political majority in Aarhus City Council approved a controversial proposal in June 2023 to expand the city's harbor by up to 84 hectares. The Planning Appeals Board has now rejected that approval. (Archive photo)
Aarhus Havn

Expansion of the Port of Aarhus slowed by the appeals board

Upholding complaints from, among others, the Danish Nature Conservation Association means that port expansion must be abandoned.
28. MAJ 2024 14.56
Havne
Teknik & Miljø

AARHUS: A planned expansion of the Port of Aarhus by 43 hectares is being stopped. This is shown by a decision in a complaint case with the Danish Planning Appeals Board.

The port expansion was adopted in a local plan in June 2023.

According to the plan, the port was initially to be expanded by 43 hectares - which is equivalent to just over six football fields. According to the agreement, it could later be expanded by an additional 36 hectares - about five football fields, writes Radio 4.

Among others, the Danish Nature Conservation Association in Aarhus, a number of associations and Alternativet in the Greater East Jutland region have complained about the local plan - and have now been upheld.

This means that the local plan and the municipal plan amendment are no longer valid, states the decision from the Planning Appeals Board.

Lack of environmental assessment

The Planning Appeals Board writes in its decision that the environmental assessment does not include impacts on the environment related to the construction of the commercial port. It thus only focuses on the issues of landscape and human health and concerns only the time when the port is already in operation. Impacts on Natura 2000 sites, Annex IV species and environmental objectives for surface water bodies are not addressed in the environmental report.

The Planning Appeals Board therefore writes that "the municipality's delimitation of the environmental report is not in accordance with Section 12(1) of the Environmental Assessment Act."

"The Board also finds that the environmental report is not suitable to provide the necessary basis for decision-making to political decision-makers or to inform the public about the likely significant impacts on the environment as a result of the implementation of the plans."

"A unanimous board finds on this basis that the Environmental Assessment Act's minimum requirements for an environmental report are not met, and the environmental assessment therefore suffers from a significant legal defect and is invalid," the decision states.

Expansion of the urban zone

In addition, the Planning Appeals Board writes that the need for the planned expansion of the port.

Since it was planned - when the maritime territory was designated as a business zone - that the future urban zone should be expanded by 84 hectares, this could only be done on the basis of a needs assessment, writes the Planning Appeals Board. Since it has not been explained that "the space in the current municipal plan was not sufficient for the expected physical development in the coming 12 years", the board finds that it does not sufficiently meet the requirement for urban growth.

Surprised mayor

Mayor of Aarhus Municipality Jacob Bundsgaard (S) is surprised by the Planning Appeals Board's decision. He states this in a written comment.

- In the first instance, I will await the Department of Engineering and Environment's reading of the decision and the department's assessment. But the decision naturally calls for a discussion with the parties behind the political agreement on the port expansion as soon as possible, which I will take the initiative for, he says in the comment.

In a press release, Torben Simonsen, head of the department for Technology and Environment in Aarhus Municipality, calls the decision "regrettable".

He says that the administration will study the decision in detail.

- It is therefore not possible at this time to say more about what the decision will mean for the project itself, apart from the fact that the planning basis is not valid at this time, he says in the press release.

On the other hand, the decision gives us blood to the teeth and renewed energy to fight on, says Svend Erik Kristensen, chairman of the association Protect Aarhus Bay.

- I certainly don't think the last words have been said on this, but I do think that it points in our direction when we have been successful in two very important areas that we have pointed out. If the municipality had some easy tricks up its sleeve that could convince other authorities that the port expansion should be approved, they would have already shaken out the arguments in question, he says.

Read the full decision of the Planning Appeals Board here.

Updated 29/5 08:05 with reactions from the municipality and Beskyt Aarhusbugten.

 

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