Act of 27 June 2008 No. 71 relating to Planning and the Processing of Building Applications (the Planning and Building Act) (the Planning part)

Translation for information use only.

Part I: General provisions

Chapter 1. Common provisions

Section 1-1. Purpose of the Act

The Act shall promote sustainable development in the best interests of individuals, society and future generations.

Planning pursuant to this Act shall facilitate the coordination of central government, regional and municipal functions and provide a basis for administrative decisions regarding the use and conservation of resources.

The processing of building applications pursuant to this Act shall ensure that projects are carried out in compliance with statutes, regulations and planning decisions. Individual projects shall be carried out in a proper manner.

Planning and administrative decisions shall ensure transparency, predictability and public participation for all affected interests and authorities. There shall be emphasis on long-term solutions, and environmental and social impacts shall be described.

The principle of design for universal accessibility shall be taken into account in planning and in requirements relating to individual building projects. The same applies to due regard for the environment in which children and youth grow up and the aesthetic design of project surroundings.

Section 1-2.  Scope of the Act

Unless otherwise provided, the Act applies to the entire country, including river systems.

In marine areas, the Act applies to a zone extending one nautical mile beyond the baselines of the territorial sea.

The King may decide that Chapter 14 shall apply to specific projects outside one nautical mile beyond the baselines.

The King may decide that the Act shall apply in whole or in part to Svalbard.

Section 1-3.  Projects that are exempted from the Act

The Act does not apply to marine pipelines for the transport of petroleum.

Only chapters 2 and 14 apply to installations for the transmission or conversion of electric power as mentioned in section 3-1, third paragraph, of the Energy Act.

Section 1-4. The functions of the planning and building authorities and the duties of other authorities in respect of the planning and building authorities

The planning and building authorities shall discharge the functions assigned to them pursuant to this Act and appurtenant regulations, including ensuring that planning and building legislation is complied with in municipalities.

The planning and building authorities shall collaborate with other public authorities with interests in matters pursuant to the Planning and Building Act, and shall solicit opinions on issues pertaining to the sphere of responsibility of the authorities concerned.

If any person carrying out a public inspection finds circumstances that are contrary to provisions made in or pursuant to this Act, the person concerned shall report such circumstances as soon as possible to the planning and building authorities.

Section 1-5. Effects of plans

The effect of plans adopted pursuant to this Act on further planning, management and administrative decisions regarding activities, physical development and conservation is evident from the provisions for the various types of plan, see sections 6-3, 8-2, 8-5, 11-3, 11-6 and 12-4.

In the event of conflict, a new plan or central government or regional planning provision prevails over an older plan or planning provision for the same land unless otherwise determined in the new plan or central government or regional planning provision.

Section 1-6. Projects

For the purposes of this Act, ‘project’ means the erection, demolition, alteration, including alteration of the exterior of a building, alterations in use and other projects related to buildings, structures and installations, as well as physical alteration of the land and the establishment and alteration of property, see section 20-1, first paragraph (a) to (m). Other activities and alterations in land use that will be contrary to land-use objectives, planning provisions and zones requiring special consideration are also considered to be projects.

Projects falling within the scope of this Act may only be implemented if they are not contrary to the provisions of the Act and appurtenant regulations, the land-use element of the municipal master plan and the zoning plan, see chapter 20 regarding the duty of application
and permits. This also applies to projects which:

(a) may be carried out by the developer himself pursuant to section 20-2
(b) do not require an application and permission pursuant to section 20-3
(c) are exempt from the obligation to apply pursuant to section 20-4.

Section 1-7.  Joint processing of planning and building applications

An application for general permission may be submitted along with the zoning plan proposal and be processed with the planning proposal, see sections 12-15 and 21-4.

Section 1-8.  Prohibition on projects, etc. along the seashore and river systems

In the 100-meter belt along the seashore and river systems, special consideration shall be given to the natural and cultural environment, outdoor recreation, landscape and other elements of public interest.

Projects pursuant to section 1-6, first paragraph, other than alterations to the exterior of a building may not be implemented closer to the sea than 100 metres from the shoreline measured in a horizontal plane at ordinary high tide. However, this does not preclude the sectioning off of land in connection with the redemption of a developed leasehold site pursuant to the Site Leasehold Act.

The prohibition pursuant to the second paragraph applies insofar as no other building limit has been determined in the land-use element of the municipal master plan or the zoning plan, see section 11-9, no. 5 and section 12-7, no. 2.

The prohibition pursuant to the second paragraph does not apply where the municipality, in the land-use element of the municipal master plan, has permitted the erection of necessary buildings, small installations and storage facilities for use in agriculture, reindeer husbandry, fishing, aquaculture or sea traffic, see section 11-11, no. 4.

In the case of areas along river systems that are significant for nature, cultural environment and outdoor recreation interests, the municipality shall in the land-use element of the municipal master plan pursuant to section 11-11, no. 5, fix a limit of up to 100 metres within which specifically defined projects, etc. shall not be permitted.

Section 1-9.  Relationship to the Public Administration Act and appeals

The Public Administration Act applies with the special provisions laid down in this Act.

In connection with the building application no appeal may be lodged regarding matters that have been decided in a binding zoning plan or by dispensation, and where the time limit for appealing these decisions has expired. If it is deemed to be expedient, the merits of the appeal may be considered instead of summarily dismissing the appeal.

Any central government body, including the Sami Parliament, regional body or municipality that is affected may appeal against individual decisions pursuant to this Act if the decision directly affects the sphere of responsibility of the authority concerned. However, this does not apply in planning matters where the authority concerned has been given the opportunity to make an objection.

Anyone is entitled to access to documents pursuant to the Freedom of Information Act and the Environmental Information Act and has a right to familiarise himself or herself with alternative drafts of plans pursuant to this Act at the office of the authority concerned, including documents on which the draft plans are based with the exceptions that follow from chapter 3 of the Freedom of Information Act.

The Ministry is the administrative appeals body for individual decisions pursuant to this Act.

Chapter 2. Requirements relating to basic map data, geodata, etc.

Section 2-1. Maps and geodata

The municipality shall ensure that there is an up-to-date, public set of basic map data for the objectives specified in the Act. The central government authorities shall make national map data available to all municipalities. Central government, regional and municipal bodies shall organise geodata in such a way as to ensure that the information is readily available for use in processing planning and building applications. The basic map data must also be available for use for other public and private purposes.

The municipality may require any person who presents a plan proposal or project application to prepare maps, when this is necessary in order to be able to make a decision on the proposal or application. The municipality may incorporate such maps into public sector basic map data. The municipality may require that planning proposals, applications and maps be submitted in digital format.

The King may decide that national or local projects shall be initiated to collect, check, revise or supplement information on planning and building matters and public sector basic map data. The King may order public bodies to provide such information as is necessary in order to carry out the project.

The Ministry may make regulations regarding maps and geodata.

Section 2-2. Municipal planning registers

Municipalities shall have a planning register that provides information regarding current land-use plans and other provisions that determine how land is to be used.

The Ministry may make regulations regarding municipal planning registers, including use of electronic planning registers.

Part II: The planning part

I.  Introductory provisions

Chapter 3. Planning functions and authority

Section 3-1.  Planning functions and considerations pursuant to this Act

Within the framework of section 1-1, plans pursuant to this Act shall:

(a) establish goals for the physical, environmental, economic, social and cultural development of municipalities and regions, identify social needs and functions, and state how these functions can be discharged

(b) safeguard land resources, landscape qualities and the conservation of valuable landscapes and cultural environments

(c) protect the natural basis for Sami culture, economic activity and social life

(d) facilitate value creation and industrial and commercial development

(e) facilitate the good design of developed surroundings, good housing environments and good childhood environments and living standards in all parts of the country

(f) promote public health and counteract social inequalities in health, and help to prevent crime

(g) take the climate into account in energy supply and transport solutions

(h) promote societal safety by preventing the risk of loss of life, injury to health, and damage to the environment and important infrastructure, material assets, etc.

Planning shall promote coherence by ensuring that sectors, functions and interests in an area are seen in an overall context through coordination of and collaboration on the discharge of functions between sector authorities and between central government, regional and municipal bodies, private organisations and institutions, and the public at large.

Planning shall be based on financial and other resource-related prerequisites for implementation and shall not be more exhaustive than necessary.

Plans shall contribute to the implementation of international conventions and treaties within the scope of the Act.

Adopted plans shall serve as a common basis for municipal, regional, central government and private-sector activity in the field of planning.

Section 3-2.  Responsibility for and assistance in planning

Responsibility for planning pursuant to this Act lies with municipal councils, regional planning authorities and the King, see sections 3-3 to 3-7.

Public bodies and private bodies have the right to put forward planning proposals pursuant to the provisions of sections 3-7 and 12-3, see section 12-11.

All public bodies have the right and duty to take part in planning when it concerns their sphere of responsibility or their own plans and administrative decisions, and shall give the planning authorities any information that might be of significance for the planning. This also applies to the Sami Parliament.

The county governor shall make sure that municipalities fulfil their planning duty pursuant to this Act. Regional planning authorities shall guide and assist municipalities in their planning functions.

Section 3-3. Municipal planning functions and planning authority

The purpose of municipal planning is to provide favourable conditions for development and the coordinated discharge of functions in the municipality through management of the land and natural resources in the municipality, and by providing a basis for the implementation of municipal, regional, central government and private-sector activities.

The municipal council itself directs the municipal planning process and shall ensure that planning and building legislation is complied with in the municipality. The municipal council shall adopt a municipal planning strategy, a municipal master plan and a zoning plan. The municipality organises the work relating to municipal planning pursuant to chapters 10 to 12 and establishes the committees and adopts the measures considered necessary to carry out the planning.

The municipal council shall see to it that a special arrangement is established to safeguard the interests of children and youth in the planning process.

The municipal council shall ensure that the municipality has access to necessary planning expertise.

Section 3-4. Regional planning functions and planning authority

The purpose of regional planning is to stimulate the physical, environmental, health-related, economic, social and cultural development of a region.

The regional planning authority is responsible for and directs efforts to formulate a regional planning strategy, regional master plans and regional planning provisions pursuant to the provisions of chapters 7 and 8. The competence of the regional planning authority to adopt a regional master plan may not be transferred or delegated to another body.

The regional planning authority shall ensure the availability of the necessary planning expertise for the preparation and consideration of plans and the provision of planning guidance pursuant to this Act.

The county council is the regional planning authority.

Section 3-5.  Central government planning functions and planning authority

The purpose of central government planning guidelines and planning decisions is to safeguard national or regional interests in planning. This includes national expectations with regard to regional and municipal planning, central government planning guidelines, central government planning provisions and a central government land-use plan.

The King is responsible for and directs planning activities at national level.

The Ministry has the primary administrative responsibility for the central government’s planning functions pursuant to this Act and shall work to ensure that the administrative decisions made at national level are followed up in regional and municipal planning.

The Ministry shall oversee compliance with the duty to carry out regional planning in pursuance of this Act.

Section 3-6.  Common planning functions

The central government and regional authorities may begin work on plans pursuant to this Act in areas where the central government, the regional planning authority and the municipalities have a common responsibility for discharging planning functions of regional or national significance, including coordinated land-use and transport planning, planning of large continuous nature and outdoor recreation areas around towns and urban areas, coordinated water planning and coastal zone planning.

The King makes regulations stipulating which functions, areas and authorities this concerns, including the fact that common planning provisions regarding the conduct of commercial activities and regarding traffic may be laid down in respect of plans for large continuous nature and outdoor recreation areas around towns and urban areas.

Section 3-7.   Transfer of planning preparations to the central government or regional authority

By further agreement between the parties, the central government or regional authority may take over all or part of the functions of the municipal planning administration and regional planning authorities relating to the organisation of planning work and preparation of planning proposals.

If agreement cannot be reached between the authority concerned and the municipality or regional planning authority regarding the organisation of planning work, the decision is made by the Ministry.

Authorities responsible for major transport and communications installations and technical infrastructure may, after consultation with the planning authorities, prepare and
present proposals for land-use plans for such projects and decide to present such plans for public scrutiny pursuant to the provisions governing the type of plans in question. Current municipal or regional planning strategies shall be reviewed in connection with the planning work.

Planning is otherwise subject to the ordinary provisions regarding the consideration and legal effect of the type of plan in question.

Chapter 4. General requirements regarding assessments

Section 4-1.  The planning programme

In the case of all regional and municipal plans, and zoning plans that may have significant impacts on the environment and society, a planning programme shall be drawn up, as part of notification of the start of planning, to serve as a basis for the planning work.

The planning programme shall give an account of the purpose of the planning work, the planning process with time limits and participants, arrangements for public participation, particularly in relation to groups presumed to be particularly affected, the alternatives that will be considered and the need for assessments. A proposal for the planning programme shall be circulated for comment and presented for public scrutiny at the same time as notification is given of the start of planning. The planning programme shall ordinarily be determined by the planning authority.

If, on the basis of a proposed planning programme, any regional and central government authorities affected consider that the plan may conflict with national or important regional considerations, this shall be stated in the comment on the proposed planning programme.

If the plan will have significant environmental impacts in another state, the planning authority shall send a proposal for a programme for the planning work to the authorities affected in that state for comment.

Section 4-2.  Description of the plan and impact assessment

All proposals for plans pursuant to this Act shall, when presented for public scrutiny, include a plan description that specifies the objectives of the plan, its main contents and effects, and the effect on the plan of limits and guidelines applicable to the area.

In the case of regional master plans and municipal master plans with guidelines or limits for future development and in the case of zoning plans that might have substantial effects on the environment and society, the plan description shall provide a separate assessment and description – impact assessment – of the effects of the plan on the environment and society.

The King may make regulations regarding planning programmes, plan descriptions and impact assessments, including regarding the consideration of plans that have transboundary effects.

Section 4-3.  Societal safety and risk and vulnerability assessments

When preparing development plans, the planning authority shall make sure that a risk and vulnerability assessment is carried out for the planning area, or shall itself carry out such an assessment. The assessment shall show all the risk and vulnerability factors of significance for determining whether the land is suitable for development purposes, and any changes in such factors as a result of the planned development. Areas where there is a danger, risk or vulnerability shall be indicated in the plan as an area requiring special consideration, see sections 11-8 and 12-6. In land-use plans, the planning authority shall adopt such provisions regarding development in the zone, including prohibitions, as are necessary to prevent damage and loss.

The King may make regulations regarding risk and vulnerability assessments.

Chapter 5. Public participation in planning

Section 5-1.  Public participation

Anyone who presents a planning proposal shall facilitate public participation. The municipality shall make sure that this requirement is met in planning processes carried out by other public bodies or private bodies.

The municipality has a special responsibility for ensuring the active participation of groups who require special facilitation, including children and youth. Groups and interests who are not capable of participating directly shall be ensured good opportunities of participating in another way.

Section 5-2.  Consultation and public scrutiny

Where this Act provides that a planning proposal shall be circulated for comment, the proposal shall be sent to all central government, regional and municipal authorities and other public bodies, private organisations and institutions that are affected by the proposal for comment within a stipulated time limit.

Where this Act provides that a proposal shall be presented for public scrutiny, at least one copy of the proposal must be easily accessible to everyone, so that anyone can familiarise himself/herself with it. When a draft plan is announced, it shall be pointed out whether there are alternative drafts of the plan which have not been or will be announced. In such case, it shall also be stated that they are available at the planning authority’s office.

Steps shall be taken to facilitate electronic presentation and dialogue at all stages of the planning process.

Further requirements relating to consultation and public scrutiny are laid down in the provisions governing the various types of plan.

Section 5-3. Regional planning forums

In every region there should be a regional planning forum. The planning forum shall identify central government, regional and municipal interests and seek to coordinate such interests in the work done on regional and municipal plans.

The regional planning authority establishes the regional planning forum. Central government and regional bodies and municipalities that are affected by the matter in question shall participate. Other representatives of affected interests may be invited to participate in meetings of the planning forum.

The regional planning authority is responsible for the direction and secretariat of the planning forum.

Section 5-4. Authority to make an objection to a planning proposal

Affected central government and regional bodies may make objections to proposals regarding the land-use element of the municipal master plan and the zoning plan in issues that are of national or significant regional importance, or which for other reasons are of significant importance to the sphere of responsibility of the body in question.

Other municipalities may make objections to proposals for such plans in respect of issues that are of significant importance to the municipality’s inhabitants, for business and industry or for the natural or cultural environment in the municipality, or for the municipality’s own activities or planning.

The Sami Parliament may make objections to such plans in respect of issues that are of significant importance to Sami culture or the conduct of commercial activities.

If the planning proposal is contrary to provisions of this Act, regulations, central government planning guidelines, central government or regional planning provisions, or a general plan, objections may be made.

Objections shall be made as early as possible and at the latest within the time limit set for the consultation process for the planning proposal. Grounds shall be given for objections.

Section 5-5. Limitations on the right to make objections

No new objection may be made to matters determined in the land-use objectives and provisions against which objections have previously been made, and which have been decided in the course of the preceding ten years. Nor may objections be made to matters in a planning case to which objections could have been made in connection with a previous plan concerning the same matters which was adopted in the course of the ten preceding years. If the municipality and the body making the objection disagree as to whether the right to make objections pursuant to this provision is precluded, the Ministry shall decide the issue.

In cases as described in the first paragraph, third sentence, the municipality’s planning decision shall not take effect until the Ministry has decided that the right to make objections is precluded. If the Ministry finds that the right to make objections is unaffected, the case shall be dealt with further in the ordinary manner.

The right to make objections ceases to apply if the requirement of public participation in the planning process pursuant to section 3-2, third paragraph, has not been fulfilled, provided that the planning authority has fulfilled its duty of notification and the requirements regarding notification for the type of plan in question.

Section 5-6. Mediation and decision by the Ministry
If the municipality finds that it cannot take account of the objection, mediation shall ordinarily be undertaken between the parties. If no agreement is reached, the municipality shall adopt the plan and sends the plan and the objection, together with the recommendation of the mediator, to the Ministry. The Ministry decides whether the objection shall be upheld and the plan amended.

The King decides who shall be the mediator.

II. National planning functions

Chapter 6. Central government planning guidelines and planning decisions

Section 6-1. National expectations regarding regional and municipal planning

In order to promote sustainable development, the King shall draw up a document every four years setting out national expectations as regards regional and municipal planning. This shall be followed up in planning pursuant to this Act and shall serve as the basis for the central government’s participation.

Section 6-2. Central government planning guidelines

The King may issue central government planning guidelines for the country as a whole or for a geographically delimited area.

Central government planning guidelines shall serve as the basis for:

(a) central government, regional and municipal planning pursuant to this Act,
(b) individual decisions made by central government, regional and municipal bodies pursuant to this Act or other legislation.

Proposals for central government planning guidelines shall be circulated for comment with a time limit of six weeks for comment before being adopted.

The Ministry shall make central government planning guidelines known to all affected public bodies, interested organisations and institutions and the public at large.

Section 6-3. Central government planning provisions

When it is necessary in order to safeguard national or regional interests, the King may, after consultation with the affected municipalities and regional planning authorities, impose a prohibition for a period not exceeding ten years on certain specified building or installation projects being implemented without the consent of the Ministry in delimited geographical areas, or in the entire country, or may decide that without such consent such projects may only be implemented in accordance with the binding land-use element of the municipal master plan or the zoning plan pursuant to this Act. The King may extend the prohibition by five years at a time.

Before a decision is made, a proposal for a provision shall be circulated for comment and presented for public scrutiny in the municipalities affected with a time limit of six weeks for comment, and be made available in at least one newspaper that is commonly read in the locality and through electronic media.

Central government planning provisions shall, after the decision is made, be announced in the Norwegian Legal Gazette and made known to all affected public bodies, interested organisations and institutions, and the public at large.

Section 6-4. Central government land-use plans

When the implementation of important central government or regional development, construction or conservation projects so requires, or when it is justified by other social considerations, the Ministry may request the municipality in question to prepare the land-use element of the municipal master plan or the zoning plan pursuant to chapters 11 and 12 of the Act.

The Ministry may itself prepare and adopt such a plan subject to the same conditions. In such case, the Ministry shall assume the authority of the municipal council. The municipality in question shall provide the Ministry with all necessary assistance in this work.

The Ministry may in individual cases decide that the final licence for a power plant granted pursuant to the Energy Act, the Water Resources Act or the Watercourse Regulation Act shall automatically have the effect of a central government land-use plan. The Ministry’s decisions pursuant to this paragraph may not be appealed.

III. Regional planning

Chapter 7. Regional planning strategies

Section 7-1. Regional planning strategies

The regional planning authority shall at least once every electoral term, and not later than one year after the authority was constituted, prepare a regional planning strategy in cooperation with municipalities, central government bodies, organisations and institutions that are affected by the planning work.

The planning strategy shall give an account of important regional development trends and challenges, assess long-term development potentials and determine which issues are to be addressed through further regional planning.

The regional planning strategy shall contain an overview of how the prioritised planning functions shall be followed up and the arrangements for public participation in planning work.

The King may make regulations regarding the contents of and arrangements for the various parts of the regional planning process.

Section 7-2.  Consideration and effect of regional planning strategies

Proposals for regional planning strategies shall be circulated for comment and presented for public scrutiny. The time limit for submitting comments shall be at least six weeks. The planning strategy is adopted by the regional planning authority.

When a regional planning strategy has been adopted by the regional planning authority, it is submitted to the King for approval. In connection with approval the King may, after discussion with the regional planning authority, adopt such alterations as are found to be necessary for reasons related to national interests.

Central government and regional bodies and municipalities shall use the regional planning strategy as the basis for further planning work in the region.

Chapter 8.  Regional master plans and planning provisions

Section 8-1.  Regional master plans

The regional planning authority shall prepare regional master plans that address the issues identified in the regional planning strategy.

The King may make orders regarding the preparation of regional master plans for specific areas of activity, topics or geographical areas and through regulations lay down further provisions regarding content, organisation and whether the plan shall be approved by the King.

A programme of action shall be drawn up for implementing the regional master plan.

The programme of action shall be adopted by the regional planning authority and shall be rolled over annually.

Section 8-2.  Effect of regional master plans

The regional master plan shall form the basis for the activities of regional bodies and for municipal and central government planning and activities in the region.

Section 8-3. Preparation of regional master plans

When preparing regional master plans, the regional planning authority shall collaborate with affected public authorities and organisations. Central government bodies and municipalities have the right and duty to take part in the planning when it affects their area of activity or their own plans and decisions.

The regional planning authority shall prepare a proposal for a planning programme in cooperation with affected municipalities and central government authorities, see section 4-1. The planning programme proposal shall be circulated for comment and presented for public scrutiny with a time limit for comment of at least six weeks. The planning programme shall be determined by the regional planning authority.

Proposals for regional master plans shall be circulated for comment and presented for public scrutiny with a time limit for comment of at least six weeks. Regional master plans with guidelines or limits for future development shall include a special assessment and description of the effects of the plan on the environmental and society, see section 4-2, second paragraph.

Section 8-4. Adoption of regional master plans

The regional master plan shall be finally adopted by the regional planning authority unless the matter is submitted to the Ministry pursuant to the provision in the second paragraph, or other provision is made by regulations to section 8-1, second paragraph. The municipalities, county governor and affected central government bodies shall be notified of the adoption of the plan. A copy of the plan shall be sent to the ministries for their information.

If a central government body, out of consideration for national or central government interests in that body’s sphere of responsibility, or a municipality that will be directly affected by the plan, has substantial objections to the goals or guidelines of the plan, it may demand that the matter be submitted to the Ministry, which may make such alterations as are considered necessary. The same applies to the adoption of a regional planning provision pursuant to section 8-5.

Even if the matter is not submitted to the Ministry pursuant to the preceding paragraph, the Ministry may, after the regional planning authority has been given the opportunity to express its view, make alterations to the plan on the basis of national interests. The regional planning authority must be informed that the plan will be altered within three months after its receipt by the Ministry.

Section 8-5. Regional planning provisions

The regional planning authority may lay down regional planning provisions related to guidelines for land use in a regional master plan intended to safeguard national or regional considerations and interests. The provision may determine that a prohibition is imposed for a period of up to ten years on the implementation of certain specified building or construction projects without consent within delimited geographical areas, or may decide that without such consent such projects may only be implemented in accordance with approved land-use plans pursuant to this Act.

Proposals for regional planning provisions shall be prepared and considered in accordance with the provisions of sections 8-3 and 8-4, and may be presented in connection with the preparation of a regional master plan.

The regional planning authority may, after consultation with the county governor and affected municipalities, extend the prohibition for five years at a time.

Consent for the implementation of projects to which a regional planning provision applies may be given by the regional planning authority after consultation with the county governor and affected municipalities.

Regional planning provisions shall be announced in the Norwegian Legal Gazette and made available through electronic media. A copy of the planning provision shall be sent to the Ministry, the county governor and affected municipalities and central government authorities.

Chapter 9. Intermunicipal planning cooperation

Section 9-1. Intermunicipal planning cooperation

Two or more municipalities should cooperate on planning pursuant to this Act when it is expedient to coordinate planning across municipal borders. Cooperation may encompass all types of municipal plans.

Intermunicipal planning cooperation may be initiated as the implementation of a regional planning strategy. The regional planning authority or central government authorities may request municipalities to enter into such cooperation when it is considered necessary in order to safeguard considerations and discharge functions that extend beyond the individual municipality.

When it is considered necessary in order to safeguard and discharge national and important regional considerations and functions, the Ministry may order municipalities to enter into such planning cooperation. In this respect, it may decide how the planning cooperation is to be organised, to which functions such cooperation shall apply and which geographical area it shall cover. Before such provisions are made, the municipalities in question shall have been given an opportunity to express their views.

Section 9-2. Organisation

The planning work shall be directed by a board consisting of an equal number of representatives from each municipality, unless the municipalities agree otherwise. Unless otherwise decided by the municipalities, the board shall itself establish rules for its work and organises the planning work in the manner it considers to be expedient.

The King may by regulations make provisions regarding the organisation of intermunicipal planning cooperation.

Section 9-3. The planning process and content of plans

The provisions regarding the type of planning in question, see chapters 11 and 12, apply to the planning process and the content of plans. Each municipality is responsible for ensuring compliance with the rules of procedure in its area.

The participating municipalities may delegate to the board the authority to make decisions regarding the planning process which has been vested in the municipality pursuant to this Act.

Each municipal council shall make final planning decisions for its area.

Section 9-4.  Transfer to a regional master plan

A majority of the municipalities may at any time request the regional planning authority to take over the planning work as a regional master plan, on the basis of the planning work that has been done.

The regional planning authority and the central government authority may request municipalities to cause the work to be continued as a regional master plan when this is considered necessary in order to safeguard considerations and discharge functions that extend beyond the individual municipality. A majority of the municipalities may consent to this.

The Ministry may decide that the planning work shall be continued in the form of a regional master plan. The municipalities shall be given an opportunity to express their views before such a decision is made.

Section 9-5.  Disagreement

If the municipalities disagree on the content of a joint planning proposal, the board or the individual municipality may request the county governor or the regional planning authority to mediate.

A municipality may withdraw from cooperation on planning by giving three months’ written notice. The other municipalities may continue their planning cooperation for the area that they cover.

The Ministry may order individual municipalities to continue to participate in cooperation.

Section 9-6.  Implementation and alterations

The parties involved in intermunicipal planning cooperation should enter into an agreement regarding the implementation of plans that have been adopted on the basis of such cooperation, when it is necessary to coordinate the use of implementation instruments.

If a municipality or regional planning authority unilaterally wishes to alter a plan pursuant to this chapter, the other participants and affected parties shall be given written notice thereof before the planning work begins.

Section 9-7.  Planning cooperation between regions and municipalities

The provisions of this chapter apply correspondingly to planning cooperation between one or more regions and one or more municipalities.

The Ministry may impose such planning cooperation when it is necessary in order to discharge planning functions for large areas collectively. In this respect, the Ministry may make provisions regarding the purpose of cooperation, to which functions cooperation shall apply, which geographic area it shall cover, the organisation of necessary cooperative bodies, and the participation of the central government. Before such provisions are made, the regions and municipalities in question shall be given an opportunity to express their views.

IV. Municipal planning

Chapter 10. The municipal planning strategy

Section 10-1.  The municipal planning strategy

The municipal council shall at least once in each electoral term, and not later than within one year after it has been constituted, prepare and adopt a municipal planning strategy. The planning strategy should comprise a discussion of the municipality’s strategic choices related to social development, including long-term land use, environmental challenges, sector activities and an assessment of the municipality’s planning needs during the electoral term.

When working on the municipal planning strategy, the municipality shall solicit the views of central government and regional bodies and neighbouring municipalities. The municipality should also promote broad public participation and general debate as a basis for the municipal council’s consideration of the strategy. Proposals for municipal council decisions shall be made public at least 30 days before they are to be considered by the municipal council.

When considering the strategy the municipal council shall determine whether the current municipal master plan or parts of it shall be revised, or whether the plan shall be continued without alterations. The municipal council may in this connection determine whether it is necessary to commence work on new land-use plans during the electoral term, or whether current plans should be revised or revoked.

The processes of preparing and considering a municipal planning strategy may be combined with and become part of the initial stages of work on the municipal master plan, see chapter 11.

Chapter 11.  The municipal master plan

Section 11-1.  The municipal master plan

Municipalities shall have an overall municipal master plan that comprises a social element with an implementation element and a land-use element.

The municipal master plan shall promote municipal, regional and national goals, interests and functions, and should cover all important goals and functions in the municipality. It shall be based on the municipal planning strategy and be grounded in guidelines and orders issued by central government and regional authorities.

A municipal sub-plan may be prepared for specific areas, topics or areas of activity.

The municipal master plan shall have an implementation element that indicates how the plan shall be followed up in the following four years or more, and shall be revised each year. The finance plan pursuant to section 44 of the Local Government Act may be included in the implementation element.

The King may make regulations regarding:

(a) the substance of general provisions in the land-use element of the municipal master plan, see section 11-9
(b) sub-objectives of land-use objectives, see sections 11-7 and 12-5
(c) consideration of the municipal master plan, see sections 11-12 to 11-17
(d) coordinated implementation of the social element of the municipal master plan and the finance plan pursuant to the Local Government Act, see sections 11-2 to 11-12.

Section 11-2. The social element of the municipal master plan

The social element of the municipal master plan shall determine long-term challenges, goals and strategies for the municipal community as a whole and the municipality as an organisation. It should comprise a description and an assessment of alternative strategies for development in the municipality.

The social element of the municipal master plan shall serve as the basis for sector plans and activities in the municipality. It shall provide guidelines for the way the municipality’s own goals and strategies shall be implemented in municipal activities and in connection with participation by other public bodies and private bodies.

Municipal sub-plans for topics or areas of activity shall include an implementation element that states how the plan shall be followed up in the following four years or more. The implementation element shall be revised each year.

Sections 11-12 to 11-15 apply to the preparation and adoption of the social element of the municipal master plan.

Section 11-3.  The effect of the social element of the municipal master plan

The social element of the municipal master plan shall serve as the basis for the municipality’s own activities and for the activities of the central government and regional authorities in the municipality.

The implementation element of the municipal master plan shall form the basis for the municipality’s prioritisation of resources and planning and cooperation functions, and clarifies measures within the municipality’s financial framework.

Section 11-4.  Revision of the social element of the municipal master plan and the municipal sub-plan and rollover of the implementation element

The provisions regarding municipal planning strategy, see section 10-1, and regarding consideration of the municipal master plan, see sections 11-12 to 11-15 apply in connection with the revision of the social element of the municipal plan and municipal sub-plans.

With regard to the annual rollover of the implementation element of the municipal master plan, see section 11-1, the municipality shall solicit the views of affected central government and regional bodies and other parties who have responsibility for carrying out measures in the implementation element. Proposals for decisions to be adopted by the municipal council shall be made public at least 30 days before they are to be considered by the municipal council.

Section 11-5.  The land-use element of the municipal master plan

The municipality shall have a land-use plan for the whole municipality (the land-use element of the municipal master plan) that shows the connection between future social development and land use. Land-use plans may be prepared for parts of the municipal area.

The land-use element of the municipal master plan shall state the main aspects of the allocation of land and frameworks and conditions governing which new projects and new land use may be implemented, as well as which important considerations must be taken into account when allocating land. The land-use element of the municipal master plan shall comprise a planning map, provisions and a plan description stating how national goals and guidelines, and general plans for land use, have been complied with.

The planning map shall to the necessary extent show the main objectives and areas requiring special consideration in relation to the use and conservation of land.

The municipality may, after assessing its own needs, give a detailed description of the land-use element of the municipal master plan in respect of all or parts of the municipal area with specific sub-objectives for land use, areas requiring special consideration and provisions, see section 11-7 to 11-11.

Section 11-6.  The legal effect of the land-use element of the municipal master plan

The land-use element of the municipal master plan shall determine future use of land in the area and, when adopted by the municipal council, is binding for new projects or the expansion of existing projects as mentioned in section 1-6. The plan applies from the time it is adopted by the municipal council, unless the matter is to be decided by the Ministry pursuant to section 11-16.

Projects pursuant to section 1-6 must not be contrary to the land-use objectives and general provisions of the plan, or to provisions related to land-use objectives and areas requiring special consideration.

Where no requirements apply or have been imposed with regard to a zoning plan, see section 12-1, second paragraph, the land-use element of the municipal master plan shall be complied with when deciding applications for permits or when managing projects pursuant to the provisions of section 20-1, first paragraph (a) to (m), see sections 20-2 and 20-3.

Section 11-7.  Land-use objectives in the land-use element of the municipal master plan

The land-use element of the municipal master plan shall to the necessary extent show the land-use objectives indicated in nos. 1 to 6. The main objectives may be broken down into the indicated sub-objectives as required.

Land-use objectives:

1. Buildings and installations.
Sub-objectives:
Housing, holiday homes, city centre functions, shopping centres, shops, buildings for public or private services, recreation and tourism facilities, raw material extraction, commercial buildings, sports facilities, other types of installations, outdoor public areas, cemeteries and cremation gravesites.

2. Transport and communications installations and technical infrastructure.
Sub-objectives:
Roads, railways, airports, ports, main bicycle networks, public transport networks public transport hubs, parking places, trench routes for technical infrastructure.

3. Green structures.
Sub-objectives:
Nature areas, green corridors, recreation areas and parks.

4. The Norwegian Armed Forces
Sub-objectives:
Various types of military objectives

5. Agricultural, nature and outdoor recreation objectives and reindeer husbandry.
Sub-objectives:
(a) land for necessary projects for agriculture and reindeer husbandry and farm-related business activity based on the farm’s resource base,
(b) land for scattered housing, holiday homes or commercial buildings, etc., see section 11-11, no. 2.

6. Use and conservation of the sea and river systems, with associated shore zones.
Sub-objectives:
Traffic, shipping lanes, fishing, aquaculture, drinking water, nature and outdoor recreation areas, separately or in combination.

In areas where the land-use plan only states the main land-use objectives, provisions shall be made to the necessary extent to clarify the conditions for use and conservation of the land, see sections 11-9 to 11-11.

Section 11-8.  Zones requiring special consideration

To the extent necessary, the land-use element of the municipal master plan shall indicate the considerations and restrictions that affect the use of land. Considerations and factors included in the second paragraph (a) to (f) shall be characterised in the land-use element as zones requiring special consideration with associated guidelines and provisions. Several zones may be indicated for the same land.

In respect of zones requiring special consideration, the provisions and guidelines that apply or shall apply pursuant to this Act or other statutes shall be indicated to the extent necessary to accommodate the needs and considerations indicated by the zone.

The following may be determined to be zones requiring special consideration:

(a) Safety, noise and danger zones, with an indication of the cause of danger or environmental risk.
Provisions may be made prohibiting or setting conditions for projects and/or activities, see section 1-6, within the zones.

(b) Zone requiring special infrastructure, with an indication of the type of infrastructure.
Provisions may be made regarding infrastructure requirements in a development area, in the form of either prohibitions or orders pursuant to section 11-9, nos. 3 and 4.

(c) Zone in which special consideration is shown for agriculture, reindeer husbandry, outdoor recreation, green structures, landscape or the protection of the natural or cultural environment, with an indication of the interest in question.

When protection regulations are made for a new protected area or when protection regulations or a management plan for already established protected areas are revised, provisions may at the same time be made applying to the zone adjacent to a national park or landscape protection area to prevent significant reduction of the conservation value of the protected area.

Guidelines may be issued regarding limitations on activities and conditions for projects in order to safeguard the interest in the zone.

Guidelines may be issued regarding which considerations shall be emphasised when applying other legislation to the extent that the municipality has been given authority pursuant to the statute in question.

(d) Zone subject to restrictions and special considerations pending an administrative decision pursuant to the Planning and Building Act or other statutes, or which is subject to restrictions on such a legal basis, with an indication of the objective.

Restrictions imposed pending an administrative decision pursuant to the Planning and Building Act or other statutes shall be limited in time to a period of four years, but may by application to the Ministry be extended for four years.

(e) Zone subject to requirements for joint planning for two or more properties, including special forms of cooperation or ownership and conversion and renovation.

Provisions regarding such zones may stipulate that two or more properties in an area shall be subject to joint planning and that special implementation instruments shall be used. Provisions may also be made pursuant to section 11-9, no. 3.

(f) Zone where the current zoning plan shall continue to apply.

Section 11-9.  General provisions relating to the land-use element of the municipal master plan

The municipality may, independently of land-use objectives, adopt provisions for the land-use element of the municipal master plan regarding:

1. requirements regarding zoning plans for certain land or for certain projects, including the requirement that an area zoning plan must exist before a detailed zoning plan may be adopted,

2. the content of development agreements, see section 17-2,

3. requirements relating to specific solutions for water supply, sewerage, roads and other transport in connection with new building and construction projects, including a prohibition on or order for such solutions, and requirements relating to individual installations, see section 18-1. A provision may also be made regarding facilitation of the supply of water-borne heat to new buildings, see section 27-5,

4. requirements relating to the order in which work shall be carried out to ensure the establishment of public services, technical infrastructure and green structures before use is made of areas and the point in time when areas may be used for building and construction purposes, including requirements relating to the order in which development work shall be carried out,

5. building limits, building bulk and functional requirements, including provisions regarding design for universal access, play areas, public outdoor areas and small public squares, signage and advertising, parking, payment in lieu of parking spaces pursuant to section 28-7 and use of housing pursuant to section 31-6,

6. environmental quality, aesthetics, nature, landscapes and green structures, including regarding temporary and movable structures and installations,

7. considerations in respect of the conservation of existing buildings and other elements of the cultural environment,

8. matters that shall be clarified and elucidated in further zoning work, including provisions regarding environmental follow-up and monitoring.

Section 11-10. Provisions regarding land-use objectives pursuant to section 11-7, nos. 1, 2, 3 and 4

In relation to land-use objectives nos. 1, 2, 3 and 4 in section 11-7, provisions may be made to the extent necessary regarding:

1. the fact that no further plan is required for small physical development projects if provisions have been made regarding building bulk and outdoor spaces, and due regard has been had to transport networks and other legislation,

2. the physical design of installations,

3. which areas are to be used for public purposes or as common areas,

4. the localisation and use of slips roads and restrictions imposing minimum distances between slip roads,

5. the areas in which the Armed Forces, pursuant to section 20-4, may make their own administrative decisions regarding activities, buildings and installations.

Section 11-11. Provisions regarding land-use objectives pursuant to section 11-7, nos. 5 and 6

In relation to land-use objectives nos. 5 and 6 in section 11-7, provisions may be made to the extent necessary regarding:

1. the size, location and design of buildings and installations for agriculture and reindeer husbandry as mentioned in section 11-7, first paragraph, no. 5,

2. the fact that scattered housing, holiday homes or commercial buildings and other buildings may be permitted through the processing of individual applications or zoning plans when the objective and the size and location of the buildings are specified in the land-use plan,

3. the use and protection of water surfaces, water columns and bottom,

4. permission to erect necessary buildings, small installations and storage facilities in a 100-metre belt along the shore with a view to agriculture, reindeer husbandry, fishing, trapping, aquaculture and traffic at sea,

5. the fact that it is prohibited to initiate certain specified building and construction projects in areas up to 100 metres from the shoreline of river systems.  Provisions may also be made to protect or maintain border vegetation in such areas, and to secure public access to the shoreline,

6. traffic in areas requiring special protection and at sea,

7. the groups of species or aquaculture species that may be established separately or in combination.

Section 11-12.  Commencement of work on the municipal master plan

The municipal master plan may be prepared on a unified basis or the social element and the land-use element of the municipal master plan may be prepared separately, see sections 11-2 and 11-5.

When planning work, including revision of the plan, commences, affected public bodies and other interested parties shall be notified of the objectives of and issues of importance for the planning work. Notice thereof shall in all cases be presented in at least one newspaper that is commonly read in the locality and through electronic media.

Section 11-13.  Preparation of a planning programme

A planning programme for the municipal master plan shall be prepared pursuant to the provisions of section 4-1. A proposal for the planning programme shall be circulated for comment and presented for public scrutiny at the latest upon notice of commencement and announcement of the planning process and shall be made available through electronic media. The time limit for comment shall be at least six weeks.

The planning programme shall be determined by the municipal council. The municipal council may delegate authority pursuant to the provisions of the Local Government Act. Municipal master plans with guidelines or limits for future development shall contain a separate assessment and description of the plan's effects on the environment and society, see section 4-2, second paragraph.

Section 11-14.  Consultation on the planning proposal

The proposal for the social element of the municipal master plan and the land-use element of the municipal master plan shall be circulated for comment and presented for public scrutiny, announced in at least one newspaper that is commonly read in the locality and be made available through electronic media. The time limit for comment and for making any objection to the land-use element of the municipal master plan shall be at least six weeks.

The case presentation shall show how the effects of the plan and comments received on the planning proposal have been assessed, and what significance they are assigned in the decision adopted. The presentation shall also show how the plan takes national and regional interests into consideration.

Section 11-15.  Adoption of the municipal master plan

The municipal council itself adopts the municipal master plan. If the municipal council intends to make a decision on the land-use element of the municipal master plan entailing a use of land that has not been the subject of consultation during the consideration of the plan, those parts of the plan where alterations are sought must be taken up for renewed consideration.

The plan shall be announced and made available through electronic media. A copy of the plan shall be sent to the Ministry, county governor, regional planning authority and affected central government authorities.

The municipal council's decision on the municipal master plan may not be appealed.

Section 11-16.  Objections and decision by the Ministry

Sections 5-4 to 5-6 apply to objections to the land-use element of the municipal master plan. If the objections relate to clearly delimited parts of the plan, the municipal council may nonetheless decide that the remaining parts of the land-use element of the municipal master plan shall have legal effect.

The Ministry decides whether the objections shall be upheld and may in that connection make such alterations to the land-use element of the municipal master plan as it deems necessary.

The Ministry may, even where no objection has been raised, revoke the entire plan or parts of it or make such alterations as it deems necessary, if the plan is contrary to national interests or a regional master plan. The municipality shall have had the opportunity to express its view before the Ministry makes a decision. If it is possible that alterations will be made to the plan, the Ministry must inform the municipality thereof within three months of receiving the plan.

The Ministry's decision may not be appealed.

Section 11-17. Alterations to and revocation of the land-use element of the municipal master plan

The provisions applying to alterations to and revocation of the plan also apply to the preparation of a new plan. The municipal council may delegate authority to adopt minor alterations to the plan pursuant to the provisions of the Local Government Act. Before such a decision is made, the matter shall be put before affected authorities. See also section 1-9.

Section 11-18. Limitation on the power to alter parts of the land-use element of the municipal master plan

Where national or important regional or municipal considerations so require, the King may decide that certain specified parts of the land-use element shall not be subject to alteration or revocation within a specified timeframe unless the Ministry has given its consent. Such decision must be made within 12 weeks of the Ministry's receipt of the plan.

Chapter 12. Zoning plans

Section 12-1. Zoning plans

The zoning plan is a land-use plan map with appurtenant provisions specifying use, conservation and design of land and physical surroundings.

The municipal council shall see to the preparation of a zoning plan for those areas in the municipality where this follows from the Act or from the land-use element of the municipal master plan, and where there is otherwise a need to ensure proper planning clarification and implementation of building and construction projects, multi-use development and conservation in relation to affected private and public interests.

A zoning plan is required for the implementation of major building and construction projects and other projects which may have substantial effects on the environment and society. Permits pursuant to section 20-1, see section 21-4, for such projects, may not be granted until a zoning plan exists. Zoning plan requirements do not apply to licensable sites for the production of energy pursuant to the Energy Act, Water Resources Act or Watercourse Regulation Act.

A zoning plan may take the form of an area zoning plan, see section 12-2, or a detailed zoning plan, see section 12-3.

A zoning plan may be prepared in conjunction with the land-use element of the municipal master plan or as a separate planning process.

The King may by regulation establish technical quality requirements for zoning plans and make further provisions concerning the classification of land-use objectives, planning provisions and consideration of zoning plans.

Section 12-2. Area zoning plans

Area zoning plans are used by a municipality where such plans are required by the land-use element of the municipal master plan, or the municipality considers that it needs to clarify land use in greater detail area by area.

Area zoning plans are prepared by the municipality. The municipality may nonetheless leave it to other authorities and private bodies to prepare an area zoning plan proposal.

Section 4-2, second paragraph, applies to area zoning plans that involve significant alterations to an adopted municipal master plan.

Section 12-3. Detailed zoning plans

Detailed zoning plans are used to follow up the land-use element of the municipal master plan and, in the event, any requirements established in an adopted area zoning plan. Detailed zoning plans may supplement or alter an adopted zoning plan.

Private bodies, developers, organisations and other authorities are entitled to put forward proposals for detailed zoning plans, including supplementary plans, in respect of concrete building and construction projects and land-use alterations, and to have the municipality consider, and to elicit the municipality’s position, on the zoning issue addressed in the private proposal.

The substance of private proposals must comply with the main features and limits in the land-use element of the municipal master plan and existing area zoning plans. Section 4-2, second paragraph, applies in respect of substantial deviations.

Zoning plans shall be prepared by experts.

Section 12-4. Legal effect of a zoning plan

A zoning plan lays down future land use for the area concerned and, when adopted by the municipal council, is binding for new projects or extension of existing projects as mentioned in section 1-6. The plan applies from the time it is adopted by the municipal council, unless the matter is to be decided by the Ministry pursuant to section 12-13.

Projects pursuant to section 1-6, first paragraph, including alteration of use pursuant to section 31-2, see also section 1-6, second paragraph, must not conflict with the plan's land-use objectives and provisions.

The zoning plan shall be complied with when deciding applications for permits or when managing projects pursuant to section 20-1, first paragraph (a) to (m), see sections 20-2 and 20-3.

A zoning plan is a basis for expropriation pursuant to the provisions of chapter 16.

Where a development project, authorised in a plan put forward with a basis in a private zoning proposal pursuant to section 12-11, has not been initiated at the latest five years after adoption of the plan, a permit to implement the plan may not be granted unless a new planning decision is adopted. The planning decision may, upon application from the developer, be extended by up to two years at a time. Where a general permit for a project has been granted within the time limit of five years with possible extension(s), the three-year time limit set out in section 21-9 applies to the project.

Section 12-5. Land-use objectives in a zoning plan

Land-use objectives shall be indicated for the entire area under planning. Land-use objectives may be divided into sub-objectives and be combined with one other and with zones requiring special consideration.

To the extent necessary areas shall be designated for:

1. Buildings and installations,
including areas for housing, holiday homes, city centre functions, shopping centres, shops, buildings for public or private services, recreation and tourism facilities, raw material extraction, commercial buildings, sports facilities, other types of installations, outdoor public areas, cemeteries and cremation gravesites.

2. Transport and communications installations and technical infrastructure,
including areas for roads, railways, airports, ports, main bicycle networks, public transport networks, public transport hubs, parking places, trench routes for technical infrastructure.

3. Green structures,
 including nature areas, green corridors, outdoor recreation areas and parks.

4. The Norwegian Armed Forces,
 including areas for various types of military objectives,

5. Agricultural, nature and outdoor recreation objectives and reindeer husbandry, collectively or separately,
 including areas for farming, forestry, reindeer husbandry, nature conservation, soil conservation, cultural landscape considerations, conservation of cultural environments or cultural monuments, outdoor recreation areas, summer dairy farming areas and areas where the land-use element of the municipal master plan allows scattered housing, holiday homes and commercial activity,

6. use and conservation of the sea and river systems with associated shore zones,
 including areas for traffic, shipping lanes, fishing, aquaculture, drinking water, nature and outdoor recreation areas.

The King establishes any further subdivision in regulations.

Section 12-6. Zones requiring special consideration in a zoning plan

The considerations and restrictions stipulated with respect to the land-use element of the municipal master plan by way of zones requiring special consideration, see sections 11-8 and 11-10, shall be used as the basis for preparation of a zoning plan. Zones requiring special consideration may be continued in the zoning plan or be incorporated in land-use objectives and provisions that safeguard the purpose of the zoning plan.

Section 12-7. Provisions in a zoning plan

A zoning plan may to the necessary extent include provisions concerning land-use objectives and zones requiring special consideration in regard to the following:

1. design, including aesthetic requirements, and use of land, buildings and installations in the planning area,

2. conditions for use of land, buildings and installations in the planning area,
or prohibition of types of use, including building limits, in order to promote or secure the objective of the plan, balance interests and take account of various considerations within, or factors outside, the planning area,

3. threshold limits for permitted pollution and other requirements as to environmental quality in the planning area, and measures and requirements relating to new and ongoing activities within, or factors outside, the planning area in order to prevent or curb pollution,

4. functional and quality requirements relating to buildings, installations and outdoor areas, including requirements for the protection of health, the environment, safety, design for universal access and children’s particular need for play and public outdoor areas,

5. the number of dwellings in an area, largest and smallest dwelling size, and further requirements as to accessibility and dwelling design where appropriate to meet special needs,

6. provisions to safeguard the conservation value of buildings, other cultural monuments, and cultural environments, including protection of frontages, material use and interiors, and to safeguard habitat types and other valuable natural assets,

7. traffic management measures and parking regulations for cars and bicycles, including an upper and lower limit for parking coverage,

8. requirement relating to facilitation of the supply of water-borne heat to new buildings, see section 27-5,

9. guidelines for special operating and maintenance measures in regard to land-use objectives nos. 3, 5 and 6 in section 12-5,

10. requirements relating to a particular order in which projects are to be implemented pursuant to the plan, and that development of an area cannot take place until technical installations and public services such as energy supply, transport and road networks, health and social services, child day care services, public outdoor recreation areas, schools etc., are adequately established,

11. requirements relating to detailed zoning in respect of parts of the planning area or particular types of project, and guidelines for such plans,

12. requirements relating to further investigations prior to implementation of the plan, and investigations with a view to monitoring and clarifying effects on the environment, health, safety, universal accessibility and other public interests in connection with implementation of the plan and individual projects within the plan,

13. requirements on the distribution of land-use values and costs related to various joint projects within the planning area pursuant to the Land Consolidation Act, section 2(h), see section 5, second paragraph,

14. which areas are to be set aside for public purposes or as common areas.

Section 12-8. Commencement of work on a zoning plan

When planning work is commenced, affected public bodies and other interested parties shall be notified. Where the proposer is a party other than the planning authority itself, the planning question shall be put before the planning authority at a meeting. The municipality may give advice on how the plan should be prepared, and may assist in the planning work.

The proposer shall in all cases publish notification of the commencement of planning work in at least one newspaper that is commonly read in the locality, and through electronic means. Registered landowners and lessees in the planning area, and as far as possible other rights holders in the planning area and neighbours to the planning area, shall, when they become directly affected, be informed in an appropriate manner that the planning work is to go ahead.

Upon notification of commencement and announcement of the planning work, the boundary of the planning area shall be stated.

Section 12-9. Consideration of planning programmes in the case of plans with substantial effects

In the case of plans which may have substantial effects on the environment and society, planning programmes shall be drawn up pursuant to the provisions of section 4-1. The planning programme may be omitted in the case of specified zoning plans that are in accordance with the land-use element of the municipal master plan or area zoning plan and where the effects are satisfactorily described in an overall plan.

A proposal for a planning programme shall be circulated for comment and presented for public scrutiny at the latest upon notification of commencement and announcement of the planning work. The proposal shall also be made available in at least one newspaper that is commonly read in the locality and through electronic means. The time limit for comment shall be at least six weeks.

The planning programme shall ordinarily be determined by the municipal council. The municipal council may delegate authority pursuant to the provisions of the Local Government Act.

When considering the planning programme the municipal council may decide that an area zoning plan shall be implemented if this is necessary for proper plan clarification and plan implementation in respect of building and construction projects, multi-use and conservation in relation to affected private and public interests.

Section 12-10.  Consideration of a zoning plan proposal

A proposal for a zoning plan shall be circulated for comment and presented for public scrutiny. The planning proposal shall be made available through electronic means. The time limit for comment and for making any objection shall be at least six weeks. Zoning plans with guidelines or limits for future development which may have substantial effects on the environment and society shall contain an impact assessment, see section 4-2, second paragraph. An impact assessment may be omitted in the case of specified zoning plans that are in accordance with the land-use element of the municipal master plan or an area zoning plan and where the effects are satisfactorily described in an overall plan.

Registered landowners and lessees, and as far as possible other rights holders in the planning area and neighbours shall, when they become directly affected, be informed in an appropriate manner of the proposed zoning plan and of where it is available.

When the time limit for comment expires the municipality shall take the matter up for consideration with the comments received.

Section 12-11 also applies to private zoning proposals.

Section 12-11.  Consideration of a private zoning plan proposal

When a proposal for a zoning plan is received by the municipality, the municipality shall as soon as possible, and at the latest twelve weeks or within another time limit  that has been agreed with the proposer, decide whether the proposal shall be put forward by being circulated for comment and presented for public scrutiny and considered pursuant to the provisions of sections 12-9 and 12-10. The municipality may concurrently put forward alternative proposals for zoning the land. Should the municipality not find reason to put forward the proposal, the proposer shall be informed by letter. If the proposal is in accordance with the land-use element of the municipal master plan or area zoning plan, a request may be made to put the rejection before the municipal council.

Section 12-12.  Adoption of a zoning plan

When consideration of a proposal for a zoning plan has been completed, it shall be put before the municipal council for adoption, in the event in the form of a choice of alternatives. The case presentation shall show how comments received on the planning proposal and the impacts of the plan have been assessed, and what significance they are assigned. The municipal council must reach a decision at the latest 12 weeks after consideration of the planning proposal is completed. If the municipal council dos not agree with the proposal, it may return the matter for renewed consideration. Guidelines may be given for further work on the plan.

The municipal council may delegate authority to adopt minor zoning plans pursuant to the provisions of the Local Government Act when the plan is in accordance with limits in the land-use element of the municipal master plan and fewer than four years have elapsed since it was adopted by the municipal council.

The municipal council’s final decision on the zoning plan may be appealed, see section 1-9.

Once the plan is adopted, registered landowners and lessees in the planning area, and as far as possible other rights holders in the planning area and neighbours to the planning area, shall, when they become directly affected, be specially notified by letter. The notification shall contain information on the right of appeal and the time limit for appeal.

The plan with a description of the plan shall be announced in at least one newspaper that is commonly read in the locality and be made available through electronic means.

Section 12-13.  Objection and decision by the Ministry

Sections 5-4 to 5-6 apply in respect of objections to a zoning plan. If the objection relates to clearly delimited parts of the plan, the municipal council may nonetheless decide that the other parts of the zoning plan shall have legal effect.

The Ministry shall decide whether the objections shall be upheld and may in that connection make such alterations to the zoning plan as are considered necessary.

The Ministry may, even if no objection has been made, revoke parts of the plan or make such alterations as are considered necessary, if the plan conflicts with national interests or a regional master plan. This also applies where the plan conflicts with the land-use element of the municipal master plan. The municipality shall have had an opportunity to express its view before the Ministry makes a decision.

The Ministry’s decision may not be appealed.

Section 12-14.  Alterations to and revocation of a zoning plan

The same provisions apply to the supplementing, alteration and revocation of a zoning plan as to the preparation of a new plan.

The municipal council may delegate authority to decide minor alterations to a zoning plan or to decide supplementation within the main lines of the zoning plan. Minor alterations may be delegated to the administration.

Before such a decision is made, the matter shall be put before affected authorities, and the owners and lessees of properties that are directly affected by the decision shall be given an opportunity to express their views. See also section 1-9.

Section 12-15. Joint consideration of a zoning plan proposal and building application

If the municipality and the private party consider it appropriate, an application for a building permit may be considered jointly with a private proposal concerning a zoning plan. In such cases the provisions for zoning plans concerning notification, the time limit for expressing views, the addressee in respect of views expressed and the administrative time limits apply to both decisions. The planning proposal and the building application shall each be decided separately.

Chapter 13. Temporary prohibition of a project

Section 13-1. Temporary prohibition of a project

If the municipality or authority concerned finds that an area should be subject to new planning, it may decide that establishment and alteration of a property or project pursuant to section 1-6 and other projects that are liable to complicate the planning work may not be initiated until the planning question is finally decided.

The municipality may consent to a project as mentioned in the first paragraph being implemented if in the municipality’s judgement it will not impede planning.

If the envisaged plan relates to land for conversion/transformation(??) and renovation involving a zone requiring special consideration and special forms of cooperation and ownership, see sections 11-8(e) and 12-6, the municipality may also decide that the landowner or rights holder may not, without the consent of the municipality, have legal disposal over property in a manner liable to impede or raise the cost of implementing the plan. The municipality shall have such decision registered on the affected properties.

Section 13-2. Duration and time limit

If the planning question has not been finally decided at the latest four years after the prohibition was imposed, the prohibition shall lapse and the decision registered pursuant to section 13-1, third paragraph, shall be revoked. Any previously submitted proposal for establishment or alteration of a property and application for a building permit shall be immediately taken up for consideration and decision. The municipality may in such case fix property boundaries and the buildings’ location, height and building density.

Section 13-3. Extension of time limit

The municipality may in special cases extend the time limit. Such decision must be made within the expiry of the time limit.

When extending the time-limit the municipality or the Ministry may decide that affected landowners shall, immediately or from a specific point in time, be given the right to demand redemption as if the property – or that part of the property that is affected by the building prohibition – had been zoned as a public traffic area, public outdoor recreation area, common area or area designated for transformation (conversion??) and renovation or for state, regional and municipal buildings and cemeteries and cremation gravesites. The provisions of section 15-2 are given corresponding application.

Section 13-4. Central government prohibition of building and sectioning

In connection with central government planning pursuant to sections 6-3 and 6-4, including in connection with assessment of regional planning provisions, and in other cases where special grounds exist, the Ministry may make a decision as mentioned in section 13-1, first paragraph. The provisions of the Public Administration Act, sections 16 and 27, first and second paragraphs, apply in such case correspondingly in relation to the municipality concerned.

V. Impact assessments in relation to projects and plans pursuant to other legislation

Chapter 14. Impact assessments in relation to projects and plans pursuant to other legislation

Section 14-1. Scope of application and purpose

The provisions of this chapter apply to projects pursuant to other legislation that may have substantial impacts on the environment and society and to specific conservation plans pursuant to the Nature Conservation Act.

The purpose of the provisions is to ensure that the environment and society are taken into account during the preparation of the project or plan, and when deciding whether, and on what conditions, if any, the project or the plan may be implemented.

Section 14-2. Preparation and consideration of assessment programmes and impact assessments

For projects and plans covered by the provisions, a notice including a programme proposal for the assessment process shall be drawn up as early as possible during the preparation of the project or plan. The proposal shall give an account of the project, the need for assessments and arrangements for public participation. The notice including the proposed programme shall be circulated for comment and presented for public scrutiny before the programme is finalised.

An application or a planning proposal including an impact assessment shall be prepared on the basis of the finalised assessment programme and circulated for comment and presented for public scrutiny.

Section 14-3. Consideration of the impact assessment in the decision on the case

The case presentation or grounds for the decision shall show how the impacts of the planning proposal and of comments received on the planning proposal have been assessed, and what significance they are assigned in the decision, particularly as regards choice of alternatives. The decision on the application or plan, with reasons given, shall be made public.

In connection with the decision, consideration shall be given, and to the necessary extent conditions imposed, with a view to monitoring and remedying possible negative impacts of substantial significance. The conditions shall be set out in the decision.

Section 14-4. Impact assessments in connection with transboundary effects

If projects or plans considered pursuant to this chapter may have significant negative environmental impacts in another state, the responsible authority shall alert affected authorities in the state concerned and give them an opportunity to participate in the planning or assessment process pursuant to these provisions.

Section 14-5. Costs

Costs incurred in preparing a notice with the proposal for an assessment programme and impact assessment shall be borne by the proposer.

Section 14-6. Regulations

The King may by regulations make provisions concerning which projects and plans are to be covered by this chapter and supplementary provisions concerning assessment programmes and impact assessments.

Third part: Implementation

Chapter 15. Redemption and compensation

Section 15-1. Landowner’s right to demand redemption in connection with the land-use element of the municipal master plan

If an undeveloped property or a major part of such property is designated in the land-use element of the municipal master plan as land for public traffic areas, public outdoor recreation areas, common areas, public recreation areas or for central government, county and municipal buildings and cemeteries and cremation gravesites, and the property is not zoned or designated for other purposes in the land-use element within four years, the landowner or lessee may demand compensation based on appraisement, or that expropriation be undertaken immediately, if the restrictions imposed entail that the property can no longer be utilised profitably. If the land is developed, the owner or lessee has the same rights once the buildings have been removed.

Section 15-2. Landowner’s right to demand redemption in connection with a zoning plan

Where a zoning plan entails that the municipality, or other legal entity with the consent of the municipality, has the right pursuant to section 16-2 to expropriate an undeveloped property in its entirety, the landowner or the lessee may demand immediate expropriation where the decision relates to land which is designated in the plan as public traffic areas, public recreation areas, common areas, or for central government, county and municipal buildings and cemeteries and cremation gravesites.

The same applies where the right of expropriation encompasses an undeveloped part of a property if the expropriation will cause the property to no longer be regarded as fit to be utilised, based on the entire property’s size, location or other factors, in a profitable manner.

Claims pursuant to the first paragraph must be filed at the latest three years after the zoning plan was announced pursuant to section 12-12, fourth and fifth paragraphs, or a decision was made known pursuant to section 12-12, last paragraph. If the land is undeveloped, the landowner or lessee has the same rights once the buildings have been removed. The claim must in such case be filed at the latest three years after this point in time.

Section 15-3. Compensation for loss in connection with a zoning plan

If a zoning plan by virtue of provisions concerning building limits within a road line or for other special reasons entails that a property is spoiled as a building site, and additionally that it cannot be utilised in another profitable manner, the municipality shall pay compensation based on appraisement unless it acquires the property pursuant to section 16-9. The same applies if the zoning plan entails that a property that can only be utilised for agricultural purposes can no longer be operated profitably. In connection with the zoning of nature conservation areas pursuant to this Act, the municipality shall pay compensation based on appraisement pursuant to the Nature Conservation Act, sections 20, 20(b) and 20(c).

Claims for compensation must be filed no later than three years after the zoning plan was announced pursuant to section 12-12, fourth and fifth paragraphs, or the decision was made known pursuant to section 12-12, last paragraph.

If the land is developed, the owner or lessee has the same rights once the buildings have been removed. The claim must in such case be submitted at the latest three years after this point in time.

Compensation for loss in connection with a zoning plan that is drawn up and adopted by the Ministry or by the municipality pursuant to section 6-4 shall be paid by the central government except as otherwise decided.

Where a property is developed in accordance with a zoning plan that gives it a significantly improved utilisation compared with other properties in the area, and the value of the latter is substantially impaired as a result of this, their owners or lessees may, be awarded compensation based on appraisement from the owner of the first-mentioned property. The compensation amount may not be set higher than the increase in value entailed by the improved utilisation of the property concerned, less the amount of reimbursement that the owner or lessee in such case has been ordered to pay pursuant to the provisions of chapter 18 of the Act as a result of the property’s utilisation.

Claims for compensation must be filed at the latest three months after the building permit was granted. The owner or lessee of property that is given improved utilisation may demand advance appraisement to decide the question of compensation once the final zoning plan becomes available. The compensation amount shall fall due for payment when building works are commenced, but at the earliest three months after the amount was finally determined.

Chapter 19. Dispensation

Section 19-1. Application for dispensation

Dispensation requires a reasoned application. Before a decision is made, neighbours shall be notified by means as mentioned in section 21-3. Special notification is however not necessary where the application for dispensation is filed at the same time as an application for a permit pursuant to chapter 20, or where the application clearly does not affect the neighbours’ interests. Regional and central government authorities whose field of responsibility is affected directly shall have an opportunity to express their views before dispensation is granted from plans, planning requirements and the prohibition in section 1-8.

Section 19-2. Dispensation decision

The municipality may grant permanent or temporary dispensation from provisions made in or pursuant to this Act. Conditions may be imposed for such dispensation.

Dispensation may not be granted if the considerations behind the provision from which dispensation is granted, or the considerations in the Act’s objects clause, are significantly disregarded. In addition, the advantages of granting dispensation must clearly outweigh the disadvantages based on an overall assessment. Dispensation from rules of procedure may not be granted.

When dispensation is granted from the Act and regulations to the Act, particular emphasis shall be given to the consequences of such dispensation for health, the environment, safety and accessibility.

In the assessment of whether dispensation from plans should be granted, central government and regional frameworks and goals must be assigned particular importance. Moreover, the community should not grant dispensation from plans, provisions of the Act regarding plans and the prohibition in section 1-8 where a directly affected central government or regional authority has expressed a negative view on the application for dispensation.

The King may by regulations set a time limit for processing dispensation cases.

Section 19-3. Temporary dispensation

Temporary dispensation may be granted on a time-limited or indefinite basis. Upon the expiry of the dispensation period, or when ordered to do so, the applicant must at no expense to the municipality remove or alter the work done, or cease the temporarily permitted use, or fulfil the requirement whose postponement has been granted and, if required, restore the previous conditions.

Dispensation may be rendered conditional by a declaration in which also the owner or lessee for his part accepts these obligations. Registration of the declaration may be demanded. It is binding on mortgagees and other rights holders in the property regardless of when the right was created and regardless of whether the declaration is registered.

Section 19-4. Dispensation authority

The authority to grant dispensation rests with the municipality.

If it is necessary in order to safeguard national or important regional interests and considerations in specified parts of the shore zone or mountain areas, the King may by regulations temporarily assign the authority to grant dispensation from specific plans, or in respect of specific types of projects, to a regional or central government body.

Sixth part: Final provisions

Chapter 34. Commencement and transitional provisions

Section 34-1. Commencement – planning part

The Act enters into force on the date decided by the King.

The Planning and Building Act of 14 June 1985 No. 77 Chapters I to VII-a shall be repealed from the same date.

Section 34-2. Transitional provisions to the planning part

The King shall as soon as possible and within two years of the Act’s commencement present a document setting out national expectations of regional and municipal planning, see section 6-1.

The municipality shall by the end of the first year after the election of a new municipal council and county council prepare and adopt a municipal planning strategy pursuant to section 10-1 and the county authority/regional planning authority must prepare and adopt a regional planning strategy pursuant to section 7-1.

Existing national policy guidelines and provisions pursuant to the Planning and Building Act of 1985, section 17-1, shall continue to apply. Changes to such guidelines and provisions shall be made pursuant to the provisions of chapter 6 of this Act.

Existing county master plans, municipal master plans, including the land-use element of municipal master plans, zoning plans and building development plans shall apply until they are amended, revoked, replaced or set aside by a new plan pursuant to this Act.

The limitation on the right of appeal in section 1-9, second paragraph, second sentence, and in the right to make objections pursuant to section 5-5, last paragraph, apply only in relation to planning decisions made pursuant to this Act.

Provisions in and pursuant to the Planning and Building Act of 14 June 1985 No. 77 chapters VIII to XXI, continue to apply in respect of expropriation, site preparation(??), reimbursement, processing of applications, sanctions etc., in respect of plans prepared prior to the commencement of this Act.

Earlier zoning plans and building plans remain a basis for expropriation within the ten-year time-limit for expropriation.

The exception in the Planning and Building Act of 1985, section 17-2, third paragraph, no.1, in respect of buildings, structures, installations or fencing that are necessary in agriculture shall remain in effect until provisions are adopted pursuant to section 11-11, no. 4, but cease to apply regardless four years after the commencement of the Act.

Municipal regulations and byelaws shall apply until they are replaced by new planning provisions, regulations or byelaws. Municipal byelaws made pursuant to the Planning and Building Act section 3, section 67 no. 3, section 69 no. 4, section 78 third paragraph, section 85 third paragraph and section 91(a) first paragraph shall cease to apply no later than eight years after the commencement of this Act. The municipality may grant dispensation from byelaws pursuant to the provisions of chapter 19.

Proposals for the land-use element of a municipal master plan, zoning plan and development plan that were presented for public scrutiny upon the commencement of this Act may be finalised pursuant to the provisions in effect when they were presented. The provisions of this Act apply to other plans.

In the case of projects requiring an impact assessment pursuant to the provisions of chapter VII-a in the current Act, and where the planning programme has been approved, the impact assessment may be completed pursuant to those provisions.

The Ministry may by regulations make further provisions concerning how the provisions of the Planning and Building Act of 14 June 1985 No. 77 shall function together with provisions of the present Act.

Contact information

The Housing and Building Department

Department for Planning

Telephone: +47 22 24 59 01/02

Address

Ministry of Local Government and Modernisation
P.O.BOX 8013 Dep
N-0030 Oslo

Contact information

The Housing and Building Department

Department for Planning

Telephone: +47 22 24 59 01/02

Address

Ministry of Local Government and Modernisation
P.O.BOX 8013 Dep
N-0030 Oslo