Planning and Building Council

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2 March 2010 at 08:15

in the council chamber, Strandgata 6

Meeting 246

Secretary

  • Olafur Helgi Árnason Office Manager

  1. General presentations

    • SB040377 – Minutes of the Planning and Building Officer

      Minutes from the planning and building officer's hearings of 17.02.2010 and 24.02.2010 were presented.

      Part A of the minutes is submitted to the town council for approval.;

    • 10021996 – 8 Thrúðvangur, building permit for a new garage.

      Ivar J. Arndal and Elín Helga Káradóttir apply on 09.02.10 to build a new garage to replace the existing one, in accordance with drawings by Karl Erik Rocksén, dated. 08.02.10 The consent of the neighbour at Þrúðvangur 10 is enclosed. The application was considered at the processing meeting of the Planning and Building Officer on 24.02.2010, which referred it to the Planning and Building Committee.

      The Planning and Building Council points out that the application requires a change to the detailed plan and refers to section 1 of article 23 of the Planning and Building Act, which allows the owner to submit a proposal at their own expense. Where the owner makes such a proposal, a shadow study shall accompany it.;

    • 0912050 – 10 Lækjargata, zoning plan amendment.

      Hafliði Richard Jónsson is applying for permission to amend the detailed plan for 10 Lækjargata. According to drawings by Hilmar Þór Björnsson, dated. 03.12.09. The Planning and Building Committee approved on 15.12.2009 that the zoning plan amendment would be advertised in accordance with the first paragraph of Article 26 of the Planning and Building Act no. 73/1997, as amended. The amendment to the detailed plan was advertised on 25.12.2009 and the period for comments closed on 09.02.2010. A comment was received. A proposal from the Planning and Building Department for a response to the comments was submitted.

      The Planning and Building Committee endorses the report of the Planning and Building Department, approves the detailed plan, and resolves that the matter be concluded in accordance with Article 26 of the Planning and Building Act No. 73/1997. The Planning and Building Committee makes the following recommendation to the City Council: “The City Council of Hafnarfjörður approves an amendment to the detailed plan for Lækjargata – Hamar 1999, concerning the plot at Lækjargata 10, dated 3.12.2009, which was published on 28.12.2009 and the period for comments closed on 09.02.2010, and that the matter be concluded in accordance with Article 26 of the Planning and Building Act No. 73/1997.“

      ;

  • 1001060 – Miðholt 1-3-5, change to the local plan

    Búseti is applying for a proposal for a change to the detailed plan for the construction of a car park, in accordance with the drawing by Gunnar Sigurðsson dated 05/01/2010. The application was subject to local consultation on 08/01/2010, and the deadline for comments was 08/02/2010. A comment was received. A proposal from the Planning and Building Department for a response to the comments is presented.

    The Planning and Building Committee adopts the response of the Planning and Building Department. It agrees with residents' comments that the change to the local plan has a negative impact on the area and rejects the request. 

    ;

  • 1001130 – Gunnarssund 9, building permit

    A letter from the Planning and Building Appeals Board, together with an appeal concerning the building permit for the house and the site's detailed planning permission, was presented. The Planning and Building Department's response to the appeal was also presented.

    Submitted.;

  • 0712080 – Town Centre - Hraun, detailed plan

    Re-examination of the detailed plan for the area bounded by Flatahraun, Álfaskeið, Arnarhraun and Reykjavikurvegur. Previously submitted plan by Arkitektur.is dated 07.05.01 and draft planning conditions dated. 03.05.01. The Planning and Building Committee instructed the Planning and Building Department on 18 December 2007 to continue work on the detailed plan. A revised plan and planning regulations by Arkitektur.is, dated 15 October 2009, were presented.

    The Planning and Building Committee agrees that a pre-application briefing meeting on the planning proposal will be held.;

  • 0812152 – Selvogsgata 1, building permit

    Tekið fyrir að nýju erindi Bjögvins Þórðarsonar Lex lögmannsstofu f.h. íbúa að Brekkugötu 26 dags. 24.11.2009, þar sem gerð er athugasemd við framkvæmdir við Selvogsgötu 1, þar sem steypt er fyrir glugga í kjallaraíbúð Brekkugötu 1. Gerð er athugasemd við þau gögn sem fylgdu grenndarkynningunni. Skipulags- og byggingarráð samþykkti 01.12.2009 að leita álits Skipulagsstofnunar varðandi grenndarkynninguna og gerði eiganda Selvogsgötu 1 skylt að stöðva framkvæmdir að hluta þar til það álit lægi fyrir. Í svarbréfi Skipulagsstofnunar dags. 8.12.2009 kemur fram að ekki hafi verið staðið rétt að samþykkt byggingarleyfisins. Skipulags- og byggingarráð gerði 15.12.2009 eiganda Selvogsgötu 1 skylt að stöðva áfram tímabundið framkvæmdir við vegginn að Brekkugötu 26 vegna álits Skipulagsstofnunar og fól skipulags- og byggingarsviði að ræða við aðila og kynna niðurstöðuna. Sviðsstjóri og skrifstofustjóri/lögmaður skipulags- og byggingarsviðs hafa gert grein fyrir viðræðum við málsaðila. Áður lagt fram bréf Bjögvins Þórðarsonar Lex lögmannsstofu f.h. íbúa að Brekkugötu 26 dags. 09.02.2010, þar sem m.a. er farið fram á að byggingarleyfið verði fellt úr gildi eða tilgreind tillaga skoðuð. Lagður fram tölvupóstur Sigurþórs Aðalsteinssonar arkitekt f.h. eigenda Selvogsgötu 1.%0D

    The Planning and Building Committee gives the parties two weeks to reach a mutual agreement. Otherwise, the Planning and Building Committee will uphold the decision of the Planning Authority.;

  • 1001040 – Tjarnarvellir 2, change to the local plan

    On 5 January 2010, Manning Ltd. applied for permission to amend the detailed plan for Tjarnarvellir 2, in accordance with the drawing by arkitektur.is. The application was subject to local consultation on 11 January 2010. The consultation period closed on 8 February 2010. One objection was received. Deferred at the last meeting.

    The Planning and Building Committee does not agree to amend the local plan in accordance with the proposal, as it would have a negative impact on pedestrian and vehicular traffic in the area.;

  • 0911223 – Hvammar, revised development plan

    Drafts of the planning and building department's revised local plan for Hvammar were discussed. Development has not taken place in accordance with the current local plan, in force since 1976 with amendments in 1979, and that plan must also be revoked.

    Submitted.;

  • SB040347 – Environment Committee/Agenda 21

    The minutes of the Environment Committee/Local Agenda 21 meeting of 24 February 2010 were presented.

    Submitted.;

  • 10023387 – Protected area, draft agreements

    Draft agreements for the management and operation of protected areas were presented on 14 January 2010.

    The Planning and Building Committee endorses the opinion of the Environment Committee/Agenda 21, but points out that there is reason to examine in more detail the allocation of costs in Articles 5 and 9 of the agreements on nature reserves. The Planning and Building Committee refers the matter to the Town Council.;

  • 0902008 – Mining, strategic planning, working group

    To reconsider the report from the Executive Department regarding the outcome of the working group on quarries and the formulation of a strategy. A report was requested from the Planning and Building Committee and the Environment Committee/Local Agenda 21. A report from the Environment Committee/Local Agenda 21 had previously been submitted. The Director's proposal for the Planning and Building Committee's report was presented.

    The Planning and Building Committee adopts the director's report with the amendments made.;

  • 0704123 – Kaldársel, detailed plan

    To reconsider the declaration of intent between the City of Hafnarfjörður and the YMCA/YWCA to work on a joint detailed planning project concerning the formalisation of Kaldársel as part of the urban pattern of the Hafnarfjörður uplands. On 24 April 2007, the Planning and Building Council authorised the Planning and Building Department to commence work on the detailed plan.

    The Planning and Building Committee refers to the previous decision of 24 April 2007 and agrees to request a price estimate from Landslag ehf.;

  • 0707015 – Master Plan of Hafnarfjörður 2005-2025 Krýsuvík, request for amendment

    The proposal from the Planning and Building Department for an amendment to the 2005–2025 Master Plan for Hafnarfjörður, Krýsuvík, concerning the location of a test borehole, revised drawing dated 22.09.2009, was reconsidered. The proposal was advertised on 21 December 2009 in accordance with Article 18 of the Planning and Building Act No. 73/1997, and the consultation period was until 9 February 2010. No comments were received except from the following consultees: the Environmental Agency, dated 28 January 2010, and the Board of Reykjanes Nature Reserve, dated 8 February 2010. A report from the Planning and Building Department regarding the comments raised in these submissions was presented.

    The Planning and Building Council adopts the Planning and Building Department's report, as amended, approves the major plan amendment and resolves that the matter be concluded in accordance with the regulations. Section 18 of the Planning and Building Act no. 73/1997. The Planning and Building Committee makes the following recommendation to the City Council: „The City Council of Hafnarfjörður approves the amendment to the Master Plan of Hafnarfjörður 2005–2025, Krýsuvík, regarding the location of a test borehole, in accordance with the plan dated 22.09.2009, which was advertised on 21.12.2009 and the period for comments closed on 09.02.2010, and that the matter be concluded in accordance with Article 18 of the Planning and Building Act No. 73/1997.“ 

    ;

  • SB030312 – Soil tipper

    The implementation of the earth tip/landscaping site above Hamranes and its design is reconsidered. Previously submitted was a report by Gudjón Ingi Eggertsson, local agenda officer, dated 24 June 2008, and a review by the National Monuments Authority dated. 24.06.2008, the disposal regulations of the Health Surveillance Authority for the Hafnarfjörður and Kópavogur area and the disposal regulations of the Hafnarfjörður Service Centre. Previously submitted minutes of the Environment Committee/Agenda 21 and the Executive Services Department. Previously submitted minutes from a working meeting on the coordination of the framework plan for Hamranes and Ásland with the detailed plan for the landfill area, and a report from the Environment Committee/Agenda 21.

    Submitted.;

  • 0901068 – Hamranes outline plan.

    The proposal from Arkitektur.is for a master plan for the Hamranes area was reconsidered. A proposal for the master plan and a draft phasing plan were previously submitted. The minutes of a working meeting on coordinating the master plans for Hamranes and Ásland with the detailed plan for the landfill site were presented. Minutes of the working meeting on traffic matters, 25 February 2010, were presented.

    Submitted.;

  • 0901069 – Asland framework plan

    The proposal from Batteríið for a framework plan for Ásland and Vatnshlíð was reconsidered. The minutes of the meeting with representatives of Garðabær on 10 December 2009, the proposal for the framework plan and the draft phasing plan were previously submitted. A minutes from the working meeting on the coordination of the framework plan for Hamranes and Ásland with the detailed plan for the earth-moving area was presented. A minutes from the working meeting on traffic matters of 25.02.2010 was presented.

    Submitted.;

  • 0911594 – Alcan - Rio Tinto

    Response letter from Rannveig Rist, dated 28 January 2010, to the director's query of 10 August 2010 was presented. The director reports on discussions with representatives of Alcan – Rio Tinto on 4 February 2010.

    Submitted.;

  • 0912045 – Department of Planning and Building, review of the service charge schedule, December 2009

    The newly revised fee schedule of the Planning and Building Department, December 2009, was considered.

    Lilja Ólafsdóttir attended the meeting and presented the proposal.

    The Planning and Building Council approves the revised fee schedule for the Planning and Building Department with the 3 votes of the Social Democratic Party's representatives and makes the following recommendation to the Hafnarfjörður Town Council: „The City Council of Hafnarfjörður approves the revised fee schedule of the Department of Planning and Building, January 2010.“The representative of the Independence Party, Rósa Guðbjartsdóttir, and the representative of the Left-Green Party, Jón Páll Hallgrímsson, abstain from the vote on the motion.;

  • 0911177 – Móhella 1, complaint cleaning

    An on-site inspection has revealed that the plot at Móhella 1 is overflowing with all sorts of rubbish, such as derelict vehicles, furniture, timber, etc. On 11 November 2009, the Planning and Building Officer required the landowner to remove the aforementioned items from the plot within four weeks, in accordance with section 68.6 of the Building Regulations. If this is not addressed within the specified time, the Planning and Building Officer will recommend to the Planning and Building Committee that a fine be imposed, in accordance with section 57 of the Planning and Building Act No. 73/1997. The landowner attended a meeting and promised to rectify the issue, yet nothing has been done. The matter was discussed at a meeting of the Planning and Building Officer on 17.02.2010, which referred it to the Planning and Building Committee with the following recommendation: „The Planning and Building Committee shall require the landowner to remove the aforementioned items from the plot within four weeks, in accordance with section 68.6 of the Building Regulations. Failure to comply within this period will result in the Planning and Building Committee recommending to the Town Council the imposition of a fine in accordance with Article 57 of the Planning and Building Act No. 73/1997.“

    The Planning and Building Committee requires the plot holder to remove the aforementioned items from the plot within four weeks, in accordance with section 68.6 of the Building Regulations No. 441/1998. Failure to comply within this period will result in the Planning and Building Committee recommending to the Town Council the imposition of a fine in accordance with section 57 of the Planning and Building Act No. 73/1997.;

  • 0910988 – Burknavellir 1 A,B,C, final inspection

    Tekið fyrir að nýju erindi húsfélagsins að Burknavöllum 1 A, B og C dags. 03.10.2009 þar sem þess var farið á leit að skipulags- og byggingarfulltrúi gerði 07.10.2009 byggingarstjóra skylt að sækja um lokaúttekt á húsinu. Skipulags- og byggingarfulltrúi gerði byggingarstjóra 01.12.2010 skylt að sækja um lokaúttekt innan fjögurra vikna í samræmi við grein 53.1 í byggingarreglugerð. Yrði ekki brugðist við þessu mundi skipulags- og byggingarfulltrúi vísa málinu til skipulags- og byggingarráðs með tillögu um dagsektir í samræmi við 57. grein skipulags- og byggingarlaga nr. 73/1997. Skipulags- og byggingarfulltrúi vísaði málinu til skipulags- og byggingarráðs sem gerði 01.12.2009 byggingarstjóra hússins skylt að sækja um lokaúttekt á húsinu innan fjögurra vikna í samræmi við grein 53.1 í byggingarreglugerð. Yrði ekki brugðist við þessu mun skipulags- og byggingarráð vísa málinu til bæjarstjórnar með tillögu um dagsektir í samræmi við 57. grein skipulags- og byggingarlaga nr. 73/1997.“ Lagður fram tölvupóstur byggingarstjóra dags. 14.12.2009 og minnispunktar frá samtali við formann húsfélagsins dags. 21.01.2010.%0DSkipulags- og byggingarráð gerði á síðasta fundi tillögu til bæjarstjórnar um beitingu dagsekta, en málinu var frestað, m.a. til að skoða lagaákvæði og orðalag. Í byggingarreglugerð grein 53.1 segir: „Þegar smíði húss er að fullu lokið skal byggingarstjóri eða byggjandi óska eftir lokaúttekt byggingarfulltrúa“. skv. 8.3 grein byggingarreglugerðar er það lögboðið hlutverk byggingarnefnda að hafa eftirlit með því að hvarvetna í umdæmi hennar sé byggt í samræmi við byggingarleyfi og gildandi skipulag, lagaákvæði og reglugerðir um skipulags- og byggingarmál. Í 57. grein skipulags- og byggingarlaga, mgr. 1, segir: „Sinni aðili ekki fyrirmælum byggingarfulltrúa eða byggingarnefndar innan þess frests sem sveitarstjórn setur getur hún ákveðið dagsektir þar til úr verður bætt. Hámark dagsekta skal ákveðið í byggingarreglugerð. Dagsektir renna í sveitarsjóð.“

    A discussion took place on the matter.

    ;

  • 10023482 – Daily fines and the daily fine process

    The procedure for daily fines, the determination of their amounts and the justification with reference to legal provisions are discussed.

    <FONT size=3 face=“Times New Roman“Representatives of the Left-Green and Independence parties on the Planning and Building Committee request a written summary of how final inspections have been carried out in Hafnarfjörður since the regulation came into force.

    <?xml:namespace prefix = o ns = „urn:schemas-microsoft-com:office:office“ How is that distributed between individual building classes.

    Number of withdrawals in the last 4 years.

    How many completed buildings in the district of the Hafnarfjörður building inspector have not had a final inspection carried out.

    What are the municipality's income and expenditure for final inspections.

    The representatives of the Social Democratic Alliance concur with the questions raised but point out that a summary on these matters is already in preparation, as the head of department explained.

    ;

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