The local government special planning mechanism was written into the law ten years ago. Local governments must use it when someone wants to build a structure with significant spatial impact that is not already included in the city or municipality's general plan.

Such structures include things like dangerous warehouses and production buildings, larger airports and ports as well as large landfills, wind farms, pulp mills and very large shopping malls.

Many local governments have initiated special plans for wind farms. Other local special plans that have attracted significant public attention include Lääne-Harju Municipality's special plan for the construction of a radioactive waste disposal site and Lüganuse Municipality's special plans for a VKG industrial waste landfill and the construction of a bioproducts plant.

The local government special planning process consists of two phases. The first phase involves a preliminary site selection, and the current law emphasizes that multiple possible locations must be considered in this phase. The local government may not do this alone or together with the developer, either; instead, all interested parties must be involved from the outset.

Ministry suspects apparent formalities

Külli Siim, a legal adviser at the MKM's Spatial Planning Department, acknowledged that such rules have not proven effective. She pointed out that developers often already have a clear idea of where they want to build their structure even before the planning process has begun.

"In reality, a seemingly token site choice is made," Siim told ERR. "The process itself is lengthy, takes a long time and is very resource-intensive. So the site selection really lacks practical value."

The MKM, however, has found  a solution to this concern: a bill recently submitted for a round of approval would simply remove the instrument of local government special planning from the law.

Siim explained that in the second phase of the special planning process, i.e. the drawing up of a detailed solution, closely resembles the standard detailed planning process.

"In the future, these structures can then be planned using a detailed plan," the adviser explained. "The detailed planning process is somewhat simpler and less resource-intensive, and moves faster too." This change, she added, could make the planning process up to twice as fast.

Fewer rounds of public discussion

"As for objections and participation, everything will remain the same, meaning the public will be able to participate in the process in exactly the same way," Siim emphasized.

This is also confirmed in the letter of explanation accompanying the ministry's bill.

In reality, however, public involvement and discussions with residents will be curbed somewhat, because in the current local government special planning process, people are also given a say in the preliminary site selection phase.

"But since that site selection is often just a formality, the public gains nothing from conducting this token process either," the ministry official noted. She added that regardless of what processes are provided for by law, planning must always remain public.

"This participation is possible not only during public exhibitions and discussions, but actually throughout the entire process," Siim confirmed.

According to the letter of explanation accompanying the MKM's new bill, all local government special planning processes initiated before the law is amended will be completed according to the rules in effect at the time they were initiated.

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