The Planning part of the Norwegian Planning and

Building Act

Presentation by senior adviser Magnar DanielsenDepartment for regional and local planning

August 2010

2

Tema

Main principles 1)

• In Norway area plans can only be adopted by authority based on elected governance. There are three such authority levels:

– state planning authority (the Ministry of the Environment)

– regional planning authority(the county council - 19)

– local planning authority (the municipal council- 430)

• The different types of area plans in Norway are:

– State level: Municipal master plan, area plan and zoning plan

– Regional level: Regional area plan

– Local level: Master plan, area zoning plan and detailed zoning plan

The Ministry of the Environment will not put forward a proposal for a state area plan unless the municipal councils affected are unwilling to cooperate on the purpose of the plan or disagree on certain contents of land-use elements in the plan.

• Depending on the planningneeds there is a great deal of flexibility onwards in the planning process. Planning process and og building applications can be done at the same time.

3

Tema

Planning at municipality level

Municipal planning strategy

The social element

Sub-plan

”Coarse”

”Detailed”

Area zoning plans

Detailed zoning plans

Implementation element

Land-use element

Municipal master plan Zoning plans

4

Tema

Main principles 2)

• All municipalities shall have a land-use plan for the whole municipality (master plan).

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

• The regional and municipal council shall within one year after the election, prepare a regional and municipal planning strategy.

• The processing of building applications pursuant to the Act shall ensure that projects are carried out in compliance with statutes, regulations and planning decisions.

5

Tema

Main principles 3)

• The municipal council is entitled to adopt master plans and area zoning plans. The council may leave it to other authorities and private bodies to prepare an area zoning plan proposal.

• Private bodies, developers, organizations and other authorities are entitled to put forward proposals for detailed zoning plans.

– Private planning proposals must follow up the main framework from the municipal master plan and area zoning plans.

– Impact assessment of the effects of the plan on the environment and society must be made if there are significant alterations to the municipal master plan or area zoning plans.

• Zoning plans must be prepared by experts.• Anyone who presents a planning proposal shall facilitate public

participation.

6

Tema

Main principles 4)

• All proposals must be circulated for comments (a hearing). The proposals shall be sent to all central government, regional and municipal authorities and other public bodies, private organizations and institutions that are affected by the proposal for comment within a stipulated time limit. The time limit for comment and for making any objection shall be at least six weeks.

• The municipal council's decision on area zoning plans and detailed zoning plans can be appealed to the state governor. The decision on the municipal master plan may not be appealed.

• Affected central government, regional bodies and other municipalities 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. – Unless these objections are withdrawn during the final negotiations with the

municipal council, the plan must be sent to the Ministry of the Environment for final approval. The ministry's decision may not be appealed.

7

Tema

Main principles 5)

• All area plans must consist of these three elements:

– a planning map showing the land use elements

– provisions

– a plan description stating the purpose of the plan and an impact assessment.

In addition, a municipal master plan must have: – A societal element. The societal element of the municipal

master plan will serve as the basis for the municipality’s own activities and for the activities of the central government and regional authorities in the municipality.

– An implementation element that indicates how the plan shall be followed up in the following four years or more. This element shall be revised each year.

8

Tema

Coastal zone planning

• Most areas at sea have no private ownership• There are many valuable resources and conflicting

interests. • Many different acts influences the use of areas

along the coastline and the resources at sea. • The building and planning act shall

– promote sustainable development in the best interests of individuals, society and future generations.

– facilitate the coordination of central government, regional and municipal functions and provide a basis for administrative decisions regarding the use and conservation of resources.

9

Tema

River and coastal zone planning

• Several municipalities and regional councils have made separate coastal area plans regulating the use of both land and sea areas. (Ea. as a sub-plan to the municipal master plan)

• Due to the act, the planning authority can adopt plans for 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 different types of land-use can be combined for the same area.)

10

Tema

Projects along the seashore and river systems• In the 100-meter zone 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.

• This does not apply for the erection of necessary buildings, small installations and storage facilities for use in agriculture, reindeer husbandry, fishing, aquaculture or sea traffic.

• This applies insofar as no other building limit has been determined in the land-use element of the municipal master plan or the zoning plan.

§ 1-8

11

Tema

Master plan 2010 – sea area

12

Tema

Area plan 2010 – River with building limits and flood hazard

13

Tema

Fairways