The Planning Act points out separately for each type of plan which authority must be cooperated with in the preparation of the plan and who must be involved in the planning procedure. Cooperation ends either with the approval of the plan or by non-approval.
Pursuant to §4 (4) of the Planning Act, the Government of the Republic has established Regulation No. 133 of 17.12.2015, which establishes the procedure for cooperating in the preparation of plans and the bases for the approval of plans.
The plan (and the strategic assessment of the environmental impact report, if SEA has been initiated) must be coordinated with the Environmental Board if:
- Implementation of the plan may result in a significant environmental impact (i.e. strategic assessment of the environmental impact (SEA) is carried out during the preparation of the plan), unless cooperation is carried out and approved by the Ministry of the Environment (Grounds: §3 (2) of Regulation No. 133)
- There is a protected area, limited-conservation area, species’ protection site, individual protected natural object or its protected zone in the planning area (Grounds: §3(2) of Regulation No 133)
- There is an area in the planning area in respect of which the Ministry of the Environment has initiated proceedings for placing a protected area, limited-conservation area, species protection site or an individual protected natural object under protection (Grounds: §3(2) of Regulation No 133)
- The detailed plan determines the minimum necessary service area of the shore path (Grounds: §39_1 (2) of the General Part of the Environmental Code Act).
If necessary, the organiser of the planning activities may cooperate and approve the plan (and, if necessary, the SEA report) in other cases.
- If the obligation to cooperate and approve does not arise from §3 (2) of Regulation No. 133, the necessity of the plan must always be considered upon submission of the plan to the Environmental Board and, in essence, justify the desire for cooperation and approval. Point out what environmental concerns and issues it is necessary for solving.
- It is important to avoid sending plans "just in case", including duplication between different institutions. Duplication between different institutions is not reasonable.
- When sending a plan for approval, it is not enough if the participants in cooperation are in the starting points of the specified plan, but the need for cooperation has not bees substantially justified. Always include a justification why a specific plan needs the approval of the Environmental Board.
- In addition, the Minister of Public Administration has the right to appoint cooperation partners and persons to be involved in the preparation of a comprehensive plan, the local government’s designated spatial plan and the detailed plan amending the comprehensive plan.
In addition, it would be reasonable (but not mandatory) to cooperate with and submit the plan (as well as a SEA report if SEA is required) to the Environmental Board for approval if:
- The task of the plan is to reduce the building exclusion zone, the plan may have a significant impact on the environmental conditions on the protected natural object or the plan includes the findings of protected species. For more information on approval needs related to nature conservation issues, see "Planning and building".
- The planned activities are accompanied by significant influence on the status of the groundwater body and/or surface water body or change in the status class
- The plan solution concerns the requirements for discharge of effluent and storm water into the recipient
- The plans that include activities the implementation of which requires later applying for some environmental permit from the Environmental Board.
Often the plan is sent for approval due to the green network. See everything related to the green network under "Building and Planning".
Asking for an opinion on the plan
The Planning Act provides in each type of plan that in addition to cooperation and approval of a plan, it is possible to involve institutions in the preparation of the plan, i.e. to ask for an opinion on the plan. Involvement must be necessary and justified, and the opinion submitted is not binding on the organiser of the planning activities.
To ask for an opinion, submit a justified application to info@keskkonnaamet.ee
Last updated: 20.12.2022
