Parkeringsköpets giltighet vid ändrad markanvändning. : Det kommunala myndighetsbeslutets verkan på det civilrättsliga avtalet.

Detta är en Kandidat-uppsats från Högskolan i Gävle/Samhällsbyggnad, GIS

Sammanfattning: The Planning and Building Act regulates how municipalities plan the use of land and water. When deciding on the detailed development plan, the respective municipality is responsible for the parking standard in the space that will be allocated for parking and which is made in connection with land construction. The decision is followed up in the building permit process. One of the requirements for building permits being granted is that the parking solution is approved. A public parking lot lease is a solution that is approved by law regarding parking in another area beyond one's own property. The municipality can be a party in the agreement for leasing public parking lots in the role of land access provider and may be responsible for preparing the parking lot. In order to be valid, the lease shall guarantee a measure of permanence over time. The rights that accompany the parking lot agreement need to be monitored by authority decisions that cause a change in land use. The municipalities' responsibility to meet the policy's stated objective to increase housing may result in already built-up areas becoming denser. Surfaces such as parking lots may be used for this purpose. Increased density in municipalities requires new detailed development planning. Thirty of the country's municipalities with the highest number of completed buildings, specifically multi-family housing, were examined for the time period 2005-2016. The basis for the analysis was experiencing increased density where the land area has been affected in relation to objects for public parking leases. Current legislation is interpreted to find support for the validity of leasing public parking lots in cases of changes in land use. This study's research question relates to how the municipality should handle their role in decisions on changed land use, as a party to the civil parking lease agreement and as a public authority. The results highlight the validity of agreements to lease public parking lots despite civil authorities' decisions that change the use of land within the area in question. It is suggested that the municipality, as a civil party to the agreement, must monitor legal right by entering into the agreement. As an authority, the municipality has the responsibility to monitor and follow up the underlying decisions of the regulating authority and building permission decisions, the assessment of which may depend on the approval of the suggested solution for parking. Thus, the new decision regarding land use should not be in conflict with the underlying decisions which also continue to be valid. It is recommended that municipal administrations and companies cooperate closely in the early stages of the detailed development planning process. This is necessary to ensure that the legal right resulting from agreements to lease public parking lots is taken into consideration. The working documents in the form of geographical information may include demarcated areas which include leased public parking lots.

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