Environmental, planning & construction law

Horten has comprehensive and unique experience advising on planning law. As an advisor to both Danish municipalities and private companies in a large number of planning cases, we have built up in-depth expertise in the area.

We assist with:

• Local plans, including local plan exemptions
• Preservative local plans
• Local climate plans
• Cases concerning prohibitions under sections 12 and 14 of the Planning Act
• Project phases in connection with EIA's (Environmental Impact Assessments)
• Environmental assessments
• Actions for damages
• Legal and/or physical building compliance

Our experts have wide experience conducting cases for and against public authorities. This applies to, among other things, compliance with construction requirements, the scope of planning legislation in cases concerning expropriation and compulsory acquisition against compensation.

Horten has many years' experience advising on matters subject to construction legislation, including the Building Regulations. In this connection, we also assist by handling the complex link between construction, planning and soil contamination legislation, including enforcement and compliance.

Types of cases:

• The concept of construction
• Case administration as regards applications, permits and exemptions under construction legislation
• Supervision, enforcement and legalisation of illegal buildings and penalties
• Orders and prohibitions
• Complaints before the State Administration
• Litigation

Horten has special expertise within nature protection and habitat regulation. We advise companies and public authorities on the interpretation of and compliance with Danish as well as EU and international nature protection and habitat rules.

We have special expertise within the specific rules ensuring the protection of specially protected species applicable to building projects and planning of raw material extraction.

We also advise on the more traditional elements of nature protection, including:

• Preservation
• Lines of protection
• Access rules
• Signage
• National protected areas

Horten has strong competencies within soil contamination advice. Our expertise is based on representation in numerous cases concerning various soil contamination issues, including:

• Liability for contamination
• The legal relationship between buyers and sellers of contaminated land
• Authorities’ regulation of contaminated land and its owners/users

The areas contaminated include a very substantial part of industrial and urban areas in Denmark. Construction on contaminated land is therefore quite common, but causes rather specific problems which have to be handled. We advise businesses and private individuals on their rights and navigation options in such situations.

We help our clients by giving expert advice on how to act when a property is charted as contaminated on Knowledge Level 1 (suspicion) or Knowledge Level 2 (established soil contamination). If the soil is classified under the Soil Contamination Act, we also advise on recycling of the contaminated soil.

Horten has many years' experience advising on waste. Our experts have in-depth knowledge of the comprehensive regulation of waste and thorough insight into the affairs of waste companies. We participate in PPP and PPC projects representing both municipalities and companies, and we conduct cases for both parties.

We assist with:

• Collection of waste charges and fees
• Waste disposal
• Drafting and interpreting waste regulations
• Environmental requirements and waste charges
• Regulatory affairs

We also have wide experience within waste incineration and conversion of inter-municipal and municipal waste incineration plants.

The regulation of water plans, waterways and water supply must form a synthesis - together with the other plans.

In addition to advising Danish municipalities (and previously also the counties) on the many initiatives within the water plan area, we have for many years also navigated municipalities, municipal supply companies, private companies and landowners through these complex and interesting areas.

We have assisted municipalities in commenting on state-controlled water plans, the many stakeholders in waterway cases, including drafting of regulations, and in cases concerning maintenance, restoration and regulation. As regards water supply, we have advised municipalities in cases concerning extraction permits and major contamination cases where the special interfaces to the municipal supply utilities come into play and must be administered in due time and correctly.