Procedure

§ 7 Requirements for project application

7.1 Project application, with request for reservation of area allocation must comprise the following documents:

• Site plan showing the location and size of the object of the application (Site plan in 1:2.000).
• Information on the use and location of buildings (Development plan in 1:500).
• Terrain section describing the proposed building / construction in relation to landscape / terrain and existing buildings.
• Plan and layout describing materials, colours, materiality and dimensions of the proposed building / construction.
• Spatial illustrations explaining the external appearance of the proposed building / construction, as well as its volume and scale in connection with the existing environment.
• Description of the need for lighting and signage.
• Description of how the project relates to any conservation values.
• Description of the project's sustainable initiatives.
• Information on the timetable for the building / construction.
• Financial information needed to document that the application project may be realised.
  In case of major civil engineering works, other aspects that affect the municipal council’s assessment of the application, including compliance with the town in terms of use, are to be examined.

If a submitted project application is satisfactory in relation to the above, the application must be processed by the Municipal Council. A detailed description can be seen from the annex to the right.

§ 8 Project application

8.1 The municipal council may, by providing a proposal for a town plan addendum for a sub area in connection with a project application, cf. section 7.1 above, reserve the right to an area for an applicant for area allotment for up to 2 years (§ 45a).

The municipal council may choose to extend the reservation for 1 year at a time.

The reservation for area allotment does not entitle the applicant to any right of use to the area concerned but, on the other hand, gives the applicant a preferential right to obtain such a right of use if the plan proposal is subsequently approved by the municipal council.

8.2 The applicant's project proposal must be announced to the public for a minimum of 6 weeks before the municipal council can announce the reservation for area allotment. During the period it is possible to submit alternative project proposals for the area's utilization, as well as to submit other comments.

8.3 The municipal council shall determine the factual and objective criteria, and prioritizing criteria considered for the choice of building or construction project, including those alternative project proposals that may be submitted.

If the municipal council considers that the projects are equal, it will be decided by lot who will be granted the reservation to the area. who can get area reservation for the area. The draw is made with access for the public.

8.4 In order to utilize the area reservation, the applicant must prepare a town plan addendum. The plan proposal must state that a reservation has been granted on the basis of a project application.

8.5 After final adoption of the plan proposal, area allotment may be granted to the applicant.

§ 9 Environmental Assessment

9.1 The municipality council may, if the applied land use requires environmental assessment (SEA or EIA), reserve the right of use to an area for an applicant for area allotment for up to 2 years (Section 44a).

9.2 Reservation according to section 9.1 can only be made if the land use applied for is in accordance with the current planning basis in the subarea concerned or by the closure of a section 32 prohibition.

§ 10 Reservation of area

10.1 A reservation of area represents the municipal council’s intention to grant approval, provided that the area has not been or will be assigned to another applicant during the reservation period.

10.2 A reservation of area is limited to a period of a maximum of three months. As for areas for major civil engineering works, the reservation may apply for no more than six months.

10.3 A reservation for area allotment does not grant rights to the area, but must be regarded as a period when the applicant has the opportunity to clarify projects and finances, etc. and to prepare a town plan addendum.

10.4 A reservation of area is annulled without further notice if the stipulated reservation deadline is exceeded.

§ 11 Entitlement to area allotment

11.1 Provided that an applicant meets the abovementioned terms and conditions and that the application otherwise complies with the planning in force at the time, the applicant is entitled to an area allotment.

§ 12 Registration of area allotments

12.1 The land authority registers new area allotments in NunaGIS/NIN (the Land Use Register of Greenland).

12.2 To the extent necessary, the land authority reviews and updates existing rights in towns and settlements. Thereby, the municipality maintains an aggregated list of current rights to areas in the municipality.

12.3 The land use authority shall publish decisions on reservations for area allotments (section 48a). The publication must state the boundary of the area and the deadline for utilization.

§ 13 Injunction pursuant to section 32

13.1 The municipal council can only oppose such application if an injunction is issued against the use, pursuant to section 32 of the Planning Act, and if the municipal council subsequently makes the necessary changes to the planning basis. A section-32 injunction cannot be issued against an application for transfer, unless it entails a change to existing conditions. The principle of continued legal use applies.