Report: Sustainable land-use planning and land use in Norway. 1 Introduction Methodological approach and implementation...9

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1 Report: Sustainable land-use planning and land use in Norway Appendix to Document no. 3:11 ( ) 1 Introduction BACKGROUND OBJECTIVE AUDIT QUESTIONS LIMITATIONS STRUCTURE OF THE REPORT Methodological approach and implementation DOCUMENT ANALYSIS QUESTIONNAIRES INTERVIEWS Interviews with key government authorities Interviews at regional and local levels ANALYSES TO SHOW LAND-USE STATUS AND LAND-USE PLANNING Development data Asset data Use of models PLANNING ANALYSIS Acquiring plans and converting data to digital form Conducting the analysis Analysis to investigate whether building is contrary to the land-use part of the municipal master plan as a result of zoning plans or dispensations Audit criteria GENERAL NATIONAL REQUIREMENTS FOR SUSTAINABLE LAND-USE PLANNING AND LAND USE Sustainable land-use planning and land use National assets that will be preserved through sustainable land use THE MINISTRY OF THE ENVIRONMENT S NATIONAL RESPONSIBILITY Guidance and information Gathering and using information The institution of objections MONITORING BY REGIONAL BODIES The county governor The county authority REGIONAL PUBLIC BODIES THE MUNICIPALITIES FOLLOW-UP To what extent is land-use status and land-use planning in line with the objective concerning sustainable land use? OVERVIEW OF THE DEVELOPMENT PATTERN IN NORWAY Total built-up area in Norway Area developed by buildings and building activity Building activity in various landscape regions Holiday homes DEVELOPMENT PATTERN IN AREAS TO BE PROTECTED IN LAND-USE MANAGEMENT Large areas of untouched natural environment Areas above and at the tree line The coastal zone Watercourses PHYSICAL DEVELOPMENT OF THE ASSETS TO BE PROTECTED IN LAND USE Biodiversity Outdoor recreation

2 4.3.3 Cultivated land and cultural landscape Grazing land for reindeer husbandry Cultural monuments and sites and cultural environments ECO-FRIENDLY LAND USE IN TOWNS AND URBAN SETTLEMENTS Greater settlement density Green areas and the green structure Building of shopping malls and large stores ASSESSMENTS Areas to be protected in land use Assets to be protected in land use Principles to be followed in land use Municipal planning as a policy instrument for achieving the objectives concerning sustainable land-use planning and land use DRAWING UP AND REVISING MUNICIPAL PLANS The community part of the municipal master plan The land-use part of the municipal master plan DOES THE LAND-USE PART OF THE MUNICIPAL MASTER PLAN GOVERN MANAGEMENT AND DEVELOPMENT IN THE MUNICIPALITIES? Are zoning plans and dispensations at variance with the land-use part of the municipal master plan? Viewpoints on the extent to which the land-use part of the municipal master plan governs landuse management and development in the municipalities REGIONAL AND NATIONAL AUTHORITIES MONITORING OF MUNICIPAL PLANNING Content and quality of the plans The municipalities need for planning assistance The community part of the municipal master plan The land-use part of the municipal master plan Zoning plans Coordination and cooperation between sector areas in the planning processes Review comments submitted and objections The Ministry of the Environment s handling of objections REGIONAL AND NATIONAL AUTHORITIES PARTICIPATION IN DISPENSATION CASES AND CASES OF UNLAWFUL BUILDING ASSESSMENTS The municipalities land-use planning and land use Regional and public bodies monitoring of municipal planning The Ministry of the Environment s coordination and management responsibility for sustainable land-use planning and land use ORGANISATION AND COORDINATION OF THE AUTHORITIES WORK Overview of organisation and responsibility How is the organisation and coordination in environmental authorities assessed? Are responsibility and cooperation between the sectors clearly defined? Coordination through planning at county level DISSEMINATION OF INFORMATION, GUIDANCE AND TRAINING Guidelines and guidance material Guidance and training GATHERING AND USING INFORMATION IN PLANNING AND MANAGEMENT Mapping information and making it available Overview of land-use development and municipal land-use planning Gathering information on reporting from the environmental authorities Use of knowledge on status and development in state management ASSESSMENTS Coordination and management of the work on sustainable land-use planning and land use Disseminating information, and guidance and training

3 6.4.2 Gathering and using information in planning and management Overall assessment

4 1 Introduction 1.1 Background Sustained development has been established as a prime objective for Norwegian land-use management and resource management since early in the 1990s for example in Reports no. 31( ) and no. 29 ( ) to the Norwegian parliament (the Storting). Sustainable development is defined as development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs. A number of international processes under the auspices of the UN have set sustainable development as a goal for the global community, and this goal has also become part of the national policy. Sustainable land-use management entails land-use planning and land use that contribute to sustainable development. Norway s land is a limited resource that must be used in an appropriate manner so that the natural environment remains a long-lasting source for the activities, health and well-being of the population. Efforts must be made to ensure that development projects that are necessary to achieve social objectives are carried out efficiently and effectively at the same time as they are based on both the precautionary principle and the principle that advocates keeping within nature s tolerance limits. This means that land use cannot be decided until the consequences for the environment, natural resources and the community have been assessed, and that conflicts concerning land use must be resolved on the basis of overall long-term considerations. Since all land use must be founded on unified and long-term land-use planning, this investigation is based on the premise that the long-term and integrated management of land-use resources is a prerequisite for ecological, economic and social sustainable development. To ensure that the objectives concerning sustainable land use are attained, land-use planning must be conducted within all sectors and at all levels of government administration. Coordination between the various participants is demanding with regard to flow of information and collaboration. Likewise another challenge can be to gain an overview of whether the policy instruments in the land-use management area function as intended. The Norwegian Planning and Building Act is the legislation that applies to all sectors for land-use planning and land use in this country. The Act is intended to facilitate the coordination of governmental, county authority and municipal activities and to provide the basis for the use and preservation of resources and for development. Through planning the Act aims to ensure that land use and building activity will be to the greatest possible benefit to the individual and the community. The municipalities have been assigned authority that includes formulating legally binding land-use plans, and the municipalities planning is regarded as essential for the achievement of the central government objectives in the policy for sustainable development. However, it is the Ministry of the Environment that has the national responsibility for ensuring that land-use planning and land use are conducted in line with the decisions and intentions of the Storting. 1 According to the Planning and Building Act, the Ministry is the government authority for planning, and in cooperation with other ministries is responsible for developing and disseminating national objectives for planning in the counties and municipalities. The Ministry also has the task of monitoring the municipalities and county authorities to ensure that land-use planning is conducted appropriately and results in land use that is in line with 1 cf. Planning and Building Act, section 13. 4

5 the decisions and intentions of the Storting. This requires the Ministry to play a part in ensuring that the government instructions and follow-up provided are coordinated with other ministries at both national and regional levels. Box 1 describes how this is organised. Box 1 Organisation of the work of land-use planning and land use Ministry of the Environment The Ministry of the Environment is responsible for implementing, coordinating and monitoring the Government s national environmental policy. The Ministry is also a planning ministry with system responsibility for planning pursuant to the Planning and Building Act. The Ministry has the prime responsibility for ensuring that the objective concerning sustainable development is achieved within land-use planning and land use. County governor offices The county governor is the government s liaison body with the municipalities and communicates national objectives and interests as well as providing further details on guidelines and following up the development in the municipalities. The county governor is also responsible for monitoring the objectives and frameworks of the Planning and Building Act and for giving the municipality the required help in the planning work. County authorities As far as possible the county authorities shall give the municipalities planning help and guidance. County planning aims to put national policy into operation and to function as a policy instrument for monitoring the municipalities. Within county boundaries, county planning is intended to coordinate national, county and the main aspects of municipal physical, economic, social and cultural activities. Municipalities The municipalities are to conduct regular municipal planning with the aim of coordinating the physical, economic, social, aesthetic and cultural development within their areas. The planning must be in line with major national and regional objectives, frameworks and guidelines. The municipalities are to seek cooperation with other government authorities that have interests in matters pursuant to the Planning and Building Act, and are to acquire statements on issues that pertain to the field of the authority in question. When the need arises, the municipalities are entitled to receive help in the planning process from the county governor, the county authority and other public bodies. Other sector ministries and their regional public bodies Other ministries and their regional public bodies shall coordinate their activities with those of the environmental authorities, both nationally and regionally. The regional public bodies are obliged to collaborate in the municipalities planning. Public bodies in this field must participate in and guide the municipalities planning activity in order to fulfil government and regional considerations and to ensure that the plans have a good professional basis. 5

6 1.2 Objective The objective of the investigation is to clarify the extent to which the Ministry of the Environment fulfils its national responsibility for ensuring sustainable land-use planning and land use pursuant to the Planning and Building Act. 1.3 Audit questions The following questions are clarified in the investigation: 1 To what extent is land-use status and land-use planning in line with the objective concerning sustainable land use? 1.1 To what extent is land-use status and land-use planning in line with the objective concerning sustainable land use within areas that the Storting has particularly emphasised are to be safeguarded in land use? 1.2 To what extent does the current development pattern contribute to protecting assets and principles that the Storting has emphasised are to be safeguarded in land use? 2 To what extent is the municipal planning system used to ensure that the objective of sustainable land-use planning and land use can be achieved? 2.1 To what extent are municipal plans drawn up and revised? 2.2 To what extent does the land-use part of the municipal master plan govern administration and development in the municipalities? 2.3 To what extent do regional and government authorities monitor municipal planning? 3 To what extent does the Ministry of the Environment fulfil its management and coordination responsibilities for sustainable land-use planning and land use? 3.1 To what extent does the Ministry of the Environment ensure the required coordination within the environmental authorities and between sector ministries? 3.2 To what extent does the Ministry of the Environment ensure the necessary dissemination of information, guidance and training vis-à-vis municipalities, county governor offices and other national regional agencies? 3.3 To what extent does the Ministry of the Environment ensure the adequate acquisition and use of information on municipal land-use planning? 1.4 Limitations 1 To what extent is land-use status and land-use planning in line with the objective concerning sustainable land use? Since the 1990s the Storting has given priority to specific areas, assets and principles that should be safeguarded to ensure sustainable land use. These objectives have largely remained a constant part of the land-use policy up to today and can be perceived as the lowest standards for what must be done to enable land use to move in a sustainable direction. In this investigation we have chosen to examine land-use status and land-use planning in large areas of untouched natural environment, mountain regions above the tree line, tree-line areas, coastal zones and watercourses. In addition we have chosen to shed light on how the development pattern affects the protection of biodiversity, outdoor recreation, cultivated soil, cultural landscape, grazing land for reindeer husbandry, cultural monuments and sites, 6

7 cultural environments and the principles for eco-friendly urban and rural development. Analyses have been made that can provide indications as to whether land-use status and landuse planning within these areas are in line with the objective concerning sustainable land use. The investigation is limited to examining how the Ministry of the Environment exercises its responsibility for sustainable land-use planning and land use pursuant to the Planning and Building Act. The assets, principles and areas mentioned above largely lie within the Ministry s area of responsibility. However, it is important to be aware that there are also other objectives both those for which the Ministry is accountable and those which lie within other sectors areas of responsibility. 2 These have an effect on the extent to which land-use planning takes a sustainable direction. 2 To what extent is the municipal planning system used to ensure that the objective of sustainable land-use planning and land use can be achieved? Priority is given in the investigation to how the exercising and monitoring of the municipal planning system contribute to attaining the main objectives of the policy for sustainable development. The investigation reveals whether the municipalities draw up municipal master plans, and whether these plans form the basis for administration and land-use planning in the municipalities as required by the Planning and Building Act. This Act states that planning processes must be conducted and plans drawn up that enable the objectives given for land use to be achieved. Since the investigation is geared towards the Ministry of the Environment s overall responsibilities, special priority has been given to examining how the municipalities are monitored in the planning processes and in the formulation of the plans. In particular it is the county governor, the county authority and other regional public bodies 3 that are responsible for monitoring the planning processes. Decisions that are taken in accordance with municipal master plans or as dispensations form part of the planning system. In general the investigation deals with the municipalities dispensation practice and how this is monitored at regional levels. Unlawful building in the municipalities is also investigated as part of the planning system since this is instrumental in undermining goal achievement. However, the extent to which the provisions on building matters in the Planning and Building Act are followed does not form part of this investigation. This audit question also shows how the Ministry of the Environment monitors the municipality s planning practice. 3 To what extent does the Ministry of the Environment fulfil its management and coordination responsibilities for sustainable land-use planning and land use? This audit question shows how the work on land-use planning and land use is organised and coordinated within the environmental authorities and between these authorities and relevant sector ministries. Regional and local coordination between the sector areas is also examined. The Ministry of the Environment is the object of the audit, and the main concern is the 2 These are, for example, the sector objectives of the Ministry of Petroleum and Energy, the Ministry of Agriculture and Food, the Ministry of Fisheries and Coastal Affairs, the Ministry of Transport and Communications, the Ministry of Trade and Industry and the Ministry of Local Government and Regional Development. 3 These include the Norwegian Public Roads Administration, regional offices of the Norwegian Water Resources and Energy Directorate, regional offices of the Directorate of Fisheries, the Norwegian National Rail Administration and the Directorate of Mining. 7

8 Ministry s coordination of all the Government s work. The sector ministries and their subordinate agencies serve only as informants in the investigation. The question also describes the Ministry of the Environment s dissemination of national objectives and interests to regional and municipal planning bodies. Follow-up in the planning processes is largely handled under Audit question 2. In addition, particular priority has been given to the extent to which the Ministry of the Environment has initiated measures to gather and make accessible information on land-use status and land-use planning and on the application of the planning system for use in municipal planning and in the Ministry s management procedures. 1.5 Structure of the report Chapter 2 presents the methodological approach used in the investigation. Chapter 3 presents the audit criteria that have formed the foundation of the investigation. The audit criteria are drawn from the decisions and intentions on which the Storting has based its work in this area. The criteria were submitted to the Ministry of the Environment, and in the letter of 5 July 2006 the Ministry expressed its agreement with the use of these criteria. Chapter 4 gives an overview of land-use status and land-use planning in Norway. The point of departure for the overview has been the areas, assets and principles employed by the Storting. The chapter closes with an assessment of the extent to which land-use status and land-use planning are in line with the objective concerning sustainable land use (Audit question 1). Chapter 5 describes the extent to which municipal plans are drawn up and revised and to which the land-use parts of the municipal master plans are in line with national objectives and govern land-use planning in the municipalities. Other matters dealt with in this chapter include the manner in which regional and government authorities monitor the planning processes, the different types of plan, dispensations and unlawful building. The chapter concludes with an assessment of the extent to which the municipal planning system is used to ensure the attainment of the objective concerning sustainable land-use planning and land use (Audit question 2). The organisation of the area is presented in Chapter 6. This chapter considers how the Ministry of the Environment fulfils its responsibility for coordination within the environmental authorities and between sector ministries. In addition instruments of government such as information activities and reporting and monitoring are discussed. The chapter closes with an assessment of the extent to which the Ministry of the Environment fulfils its management and coordination responsibilities to ensure the attainment of the objective concerning sustainable land-use planning and land use (Audit question 3). Chapter 7 presents the total assessments of the investigation based on the audit criteria along with the sub-assessments that were conducted in Chapters 4, 5 and 6. 8

9 2 Methodological approach and implementation In order to shed light on the audit questions in the investigation, data was gathered from various sources: government documents pertaining to the area in question analyses of land-use status and land-use planning conducted by Statistics Norway and the Norwegian Forest and Landscape Institute on commission from the Office of the Auditor General (OAG) analysis of municipal master plans from selected municipalities data from KOSTRA the national information system that provides the Government with details of municipal activities questionnaire surveys from all county governor offices and county authorities data from interviews with a selection of county governor offices, county authorities and municipalities data from interviews with the Ministry of the Environment, sector ministries and various directorates 2.1 Document analysis The document analysis entailed a review of key parliamentary documents, various Acts (with their preparatory works), reports to the Storting and ministerial circulars as well as guidelines and other government documents that deal with land-use planning. Such documents included: - Report no. 31 to the Storting ( ) Regional planning and land-use policy and Report no. 29 to the Storting ( ) Regional planning and land-use policy - Report no. 39 to the Storting ( ) Outdoor recreation - Report no. 23 to the Storting ( ) Improving urban environment - Report no. 42 to the Storting ( ) Biological diversity - Report no. 16 to the Storting ( ) Living with our Cultural Heritage - Report no. 21 to the Storting ( ) The Government s Environmental Policy and the State of the Environment in Norway - Planning and Building Act (1985) - The Planning Legislation Committee s two official Norwegian reports: NOU 2001: 7 and NOU 2003: 14 Better municipal and regional planning in accordance with the Planning and Building Act Data was also obtained from KOSTRA on municipal land-use planning. 2.2 Questionnaires In order to shed light on municipal planning, county planning and the various players participation in land-use planning, a questionnaire survey was conducted among all Norway s county governor offices and county authorities. The purpose of the survey was to acquire a broad view of how the county governor offices and the county authorities perceive the current work on municipal land-use planning in the light of the objective concerning sustainable landuse planning. At the county governor offices the survey was sent to those responsible for agriculture, the environment and legal matters. At the county authorities it was sent to those responsible for regional planning and cultural heritage management. Within the various offices and county 9

10 authorities the recipients themselves could choose whether they would reply separately or together. This was done to accommodate the different viewpoints and experience among the departments. All the country s county governor offices and county authorities responded to the survey, with the majority choosing to reply together. There is therefore a total of 25 respondents from county governor offices and 22 from county authorities. They were asked about assessments associated with the management dialogue, reporting, municipal land-use planning, complaints about individual cases, the Planning and Building Act, unlawful building activities, regional challenges and county planning. 2.3 Interviews Interviews with key government authorities Interviews were held with three departments in the Ministry of the Environment: the Department for Regional Planning, the Department for Nature Management, and the Department for Cultural Heritage Management. Interviews were also conducted with other relevant ministries and subordinate agencies: the Ministry of Transport and Communications, the Ministry of Agriculture and Food, the Ministry of Petroleum and Energy and the Ministry of Fisheries and Coastal Affairs, as well as with the Directorate for Cultural Heritage and the Norwegian Pollution Control Authority. In general these interviews were held with the aim of acquiring information about the Ministry of the Environment s management and coordination responsibilities for sustainable land-use planning and land use. Priority was given to the use of key policy instruments, and to cooperation and coordination within the environmental authorities and between the selected ministries Interviews at regional and local levels In four regions a selection of municipalities, county governor offices, county authorities, county agricultural committees and regional government agencies were interviewed. The interviews were intended to provide supplementary information to the survey and document analysis. Another key factor was the mapping of the various municipalities viewpoints on challenges in municipal land-use planning and the authorities monitoring of this. It was also important to obtain information about different regional players roles in municipal land-use planning. When selecting regions, counties, regional government agencies and municipalities, emphasis was placed on covering key themes within sustainable land-use planning: development in the coastal zone, development in the mountain areas and nearby protected areas, areas under considerable pressure, areas that faced challenges associated with urban development and land-use and transport planning, and areas that faced challenges associated with the protection of cultivated soil. The following regions and counties were selected: south-western Norway (Rogaland), northwestern Norway (Møre og Romsdal), the central part of eastern Norway (Østfold/Akershus) and the mountain region in eastern Norway (Oppland). Central Norway (Sør-Trøndelag) was the pilot area for the survey. The regional government agencies were the Norwegian Public Roads Administration, the Norwegian Water Resources and Energy Directorate, and the Directorate of Fisheries. 10

11 Interview survey in the municipalities Interviews were conducted with 13 municipalities. 4 Emphasis was placed on selecting municipalities that could collectively illustrate the breadth of challenges in municipal planning. Priority was given to covering urban and rural municipalities, large and small municipalities with regard to the number of inhabitants, and those located at varying distances from major settlements. Municipalities with different planning procedures were also prioritised for example those that do not draw up revised land-use plans, those that plan actively, those that handle many building cases each year, those that handle few building cases each year, those that grant many dispensations and those that grant few dispensations. In the interviews with the municipalities questions were asked about challenges associated with drawing up and implementing the land-use part of the municipal master plan, the followup from regional public bodies, the drawing up of the community plan, reporting, use of the Planning and Building Act, and the Ministry of the Environment s monitoring of the land-use planning process. Interview survey with the county governor offices, county authorities, county agricultural committees and regional government agencies Interviews were conducted with five county governor offices, five county authorities, two county agricultural committees, one regional office and two district offices of the Norwegian Public Roads Administration, two regional offices of the Norwegian Water Resources and Energy Directorate, and one regional office of the Directorate of Fisheries. 5 In the interviews with the county governor offices questions were asked about challenges associated with the management dialogue, the Ministry of the Environment s information and guidance, the county governor offices role in municipal land-use planning, the municipalities planning competence and practice, cooperation with the county authority, and reporting. There were often several departments of the county governor offices present during the interview. In all the offices there were representatives from the environment department and the agriculture department, and in several offices there were representatives from central administration and/or the department of legal affairs/the administration department. In the interviews with the county authorities questions were asked about the drawing up of county master plans and county sub-plans, the county authority s role in municipal land-use planning, cooperation with the county governor, information and guidance, reporting, and the county authority s responsibility for regional cultural heritage management. In the interviews with other regional government agencies the questions included queries about the dissemination of national interests from the Ministry of the Environment, the relationship between the regional planning bodies, and regional planning bodies participation in municipal land-use planning. In the interviews with the county agricultural committees questions included queries about the committee s case processing in planning matters and the dissemination of national interests to these committees. 4 To test the methodological system, interviews were also conducted in a pilot survey with two municipalities in Sør-Trøndelag. 5 Interviews were also held in a pilot survey with a county authority, a county governor office and a district office of the Norwegian Public Roads Administration. 11

12 2.4 Analyses to show land-use status and land-use planning On commission from the OAG, Statistics Norway and the Norwegian Forest and Landscape Institute conducted analyses of development activity in Norway. The analyses place emphasis both on showing the development pattern in areas that the Storting has stated must be taken into consideration in land-use planning and on identifying the consequences the current development pattern can have for the various assets the Storting has prioritised. Analyses were also conducted to enable assessments to be made of the extent to which the principles the Storting has highlighted for the development of towns and urban settlements have been taken into account in land use. On the basis of the data available, analyses were made to show land-use status and land-use planning for several different areas. Together these give indications as to whether land-use planning in Norway as a whole is in line with major national objectives. However, due to the lack of access to good, unified and nationwide information, providing a complete picture of land-use status and land-use planning in Norway proved to be problematic. Among other factors, the analyses revealed deficient access to development data for the whole country, a lack of time series for some of the data (particularly for infrastructure), and inadequate access to good asset data. In addition, many of the important areas containing national assets have not been geographically defined. However, in spite of deficient sets of data the survey can still provide an overall view of the situation at a comprehensive national level that can be used to assess goal achievement in the area. The analyses were largely conducted in a GIS tool 6 in which different maps with areas that are defined as valuable are compared with development data for the same areas. Unless otherwise stated, Statistics Norway has restricted the analyses to the period from 1 January 1985 to 1 January The Norwegian Forest and Landscape Institute has analysed data from 31 December 1985 to 31 December 2005 unless otherwise stated. 8 An appendix to the report has been compiled to describe the methodology that forms the foundation of the analyses and to present the prerequisites on which they are based Development data Development data show how and when physical developments have taken place. Development analyses are in general based on development data from the GAB register. 9 This register provides an overall and standardised overview of buildings. It is particularly important that the buildings are located by a coordinator and have the approval and put-touse date. Even though the GAB register contains errors, it is good enough for conducting analyses in several areas. The quality of other development data that we attempted to use in the development analysis varied, and in general the data did not have the date stamp. This applies to both roads and 6 GIS (geographical information system) is a tool that can be used to analyse different geographically located information for example to find out whether buildings were constructed within a given defined planning area. 7 The report refers to five-year periods from 1985 to Statistics Norway has also analysed the year from 1 January 2005 to 31 December In general this has not been reported since these figures show the same trend as the last five-year period: The report refers to five-year periods from 1986 to The GAB register is the national property register. (GAB stands for ground properties, addresses and buildings). 12

13 power lines. Such data can be used to describe status, but they cannot be used in development analyses Asset data Asset data must show where various assets and areas such as biodiversity and recreational areas are located so that these data can be used in analyses. For some of the assets prioritised by the Storting there are no surveys that show how the assets have been geographically placed, or there are only regional or local surveys. The asset data that have been used in the development analyses have been of varying quality. Some sets of data are good in the sense that they are both complete and unified for the whole country and give information about when the registration was made. Surveys of protected areas are an example of such data sets. Other examples of clearly delimited areas are the 100- metre belt towards the sea and the wild reindeer areas in Norway. However, few other significant assets are as clearly geographically limited as these areas. Problems connected to several of the other asset data sets make the conducting of national development analyses demanding - In cases where no national surveys have been conducted the investigation used individual regional and local registrations to illustrate aspects that cannot be shown nationally. However, it can be demanding to use such registrations in overall national analyses as challenges linked to the use of different methods and storage formats often arise. - If older registrations are not archived when new registrations are made, it is difficult to show the development that has taken place within the area. This applies, for example, to the digital land inventory mapping that has been used to analyse agricultural areas. The investigation has therefore conducted analyses in municipalities where there are older registrations, i.e. where this type of mapping has not been updated Use of models Where there are no surveys that show where the assets are geographically located, the investigation has also used various types of models to make analyses. The models have been based on knowledge of the areas that most probably possess important assets, and they assess the development pattern within these areas. This has, for instance, been done for areas in the vicinity of watercourses and for areas above and below the tree line that are regarded as significant (including for biodiversity), and for open spaces in towns that may have potential as recreational areas. To assess the development pattern in towns and urban settlements estimates were made of where and how the building took place. These analyses have been compared with the principles on which urban development is to be based. 2.5 Planning analysis The land-use part of the municipal master plan serves as the overall land-use plan for each municipality. As a rule this is intended to govern all other plans and permits that the municipality approves for its land use. A planning analysis was conducted to determine whether the land-use part of the municipal master plans does govern the actual land-use planning. This constituted an analysis of municipal plans and dispensations in twelve municipalities and was conducted by the Norwegian Forest and Landscape Institute on commission from the OAG. 13

14 2.5.1 Acquiring plans and converting data to digital form Plans from the following municipalities were analysed: Asker, Fredrikstad, Fræna, Gausdal, Hvaler, Ringebu, Sandnes, Sola, Stavanger, Sula, Sykkylven and Vestby. 10 One further municipality was asked, but did not submit adequate data. The municipalities were selected on the basis of the same criteria that were used for the selection of municipalities for the interview survey, cf. subsection Some of the plans were received directly from the municipalities in digital format. Plans that were only available in hard copy were digitalised by the company Asplan Viak AS. The quality of the plans varied: the main defects in the digital plans were imprecise cartography (topology errors), formats that did not comply with Norwegian standards, and the use of unknown (non-documented) codes. Some of the paper plans were not formulated in accordance with recommended standards, while older paper plans were at times of poor print quality. The digital plans were improved so that they could be used in the analyses. The paper plans were interpreted to make it possible to convert them into digital form. When the plans were available in digital form it was necessary to interpret their provisions before they could be used in a digital analysis tool. This was the best data material that could be obtained. Problems related to the plans as a data basis creates some uncertainty with regard to the analyses. The data material is adequate to provide a picture of the extent to which the land-use part of the municipal master plan is of governing importance in the selected municipalities. The selection of municipalities was not conditional on them having good digital plans since this would not have provided a satisfactory picture of the planning situation in the municipalities in general Conducting the analysis In the analysis the two most recent adopted land-use parts of the municipal master plans in each municipality were analysed in addition to the sub-plans 11 that were applicable for the same period as the two land-use plans. In the municipalities that have never adopted more than one land-use plan, this one plan was used. In the analysis the plans were compared with the actual building during the plan s period of application in each municipality. A GAB data set 12 was used for the buildings, which represents the status as of 1 January 2006, i.e. any building or demolition after that date was not included in the analysis. The analyses were conducted in a GIS tool Analysis to investigate whether building is contrary to the land-use part of the municipal master plan as a result of zoning plans or dispensations This analysis is an indicator of how many buildings were constructed contrary to the land-use part of the municipal master plan either as a result of zoning plans or of dispensations. Some 10 A pilot survey was also conducted in Trondheim and Oppdal municipalities to test the methodological system. 11 The municipalities can choose to make municipal sub-plans for parts of the municipality instead of or as a supplement to drawing up the municipal land-use plan. These have the same status as the municipal land-use plan. The extent to which these municipal plans form part of an integrated land-use strategy for the municipality varies. 12 The GAB register (ground properties, addresses and buildings/dwellings) is a national register in which all buildings are registered once the municipalities have approved that the building can be put to use. 14

15 of the estimates that were received were incorrect. 13 The uncertainty relating to the planning data and the dispensations submitted meant that there was no basis for summarising the results of these analyses in the report. 13 This could be seen from the other figures in the planning analysis. 15

16 3 Audit criteria 3.1 General national requirements for sustainable land-use planning and land use Sustainable development is defined as development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs. 14 A number of international processes under the auspices of the UN have set sustainable development as a goal for the global community. 15 Norway has undertaken to comply with the international targets in its national policy. 16 The national objective concerning sustainable development sets requirements to the management of both ecosystems and the ecological cycles that we share with those who live in our time and with those who will follow us, both nationally and globally. Environmental quality that is sufficient to safeguard our basis of existence must be secured and must be maintained in both the short and long term. The management of these environmental resources must be based on the precautionary principle and must be exercised with respect for nature s tolerance limits. 17 The objective concerning sustainable development is established in Article 100b of the Constitution: 18 Every person has a right to an environment that is conducive to health and to natural surroundings whose productivity and diversity are preserved. Natural resources should be made use of on the basis of comprehensive long-term considerations whereby this right will be safeguarded for future generations as well. In order to safeguard their right in accordance with the foregoing paragraph, citizens are entitled to be informed of the state of the natural environment and of the effects of any encroachments on nature that are planned or commenced Sustainable land-use planning and land use The objective concerning sustainable development has been established as a prime goal for Norwegian land-use management and resource management from the early 1990s to the present. Land-use planning and land use are regarded as an important tool for securing sustainable development, with the municipalities land-use planning being considered the foundation for realising the key objectives in the policy for sustainable development. The precautionary principle that states that nature s tolerance limits must not be exceeded must form the basis of land-use management, and protecting the environment is a premise that must be incorporated into all land use. These instructions were expressed in the deliberations on Report no. 31 to the Storting ( ), Report no. 29 to the Storting ( ) and Report no. 23 to the Storting ( ), and in the deliberations on all The Government s Environmental Policy and the State of the Environment in Norway. 19 In its deliberations on 14 Report no. 46 to the Storting ( ) The environment and development Norway s follow-up of the World Commission report. 15 The concept was put firmly on the international agenda by the World Commission on Environment and Development through the report Our common future from 1987, and later through the UN Conference on Environment and Development in Rio de Janeiro in Recommendation no. 160 to the Storting ( ) Recommendation from the Standing Committee on Local Government and the Environment on the UN Conference on Environment and Development in Rio de Janeiro. 17 Recommendation no. 160 to the Storting ( ), continued in Report no. 58 to the Storting ( ). 18 Included in the Constitution in Report no. 8 to the Storting ( ), Recommendation no. 256 to the Storting ( ); Report no. 24 to the Storting ( ), Recommendation no. 295 to the Storting ( ); Report no. 25 to the 16

17 Report no. 21 to the Storting ( ), the Committee maintained that a national land-use policy is vital for the achievement of sustainable management. 20 In Recommendation no. 237 to the Storting ( ), cf. Report no. 31 to the Storting ( ), a majority in the Committee 21 draws attention to the fact that land-use planning and land use represent an important tool for ensuring sustainable development to the greatest extent possible. The majority refers to the fact that land is a limited resource that must be managed with the aim of achieving sustainable development, and that conflicts on land use must be resolved on the basis of overriding and long-term considerations. The Committee supports the objective that states that land-use policy should be kept within the frameworks of sustainable national regional development which in turn entails that resources that are not renewable cannot be put to use until the consequences for the environment, natural resources and the community have been assessed. In addition, a majority notes that the land-use policy must constitute a policy instrument that ensures that development initiatives that are necessary to achieve social objectives are carried out efficiently and effectively, at the same time as they take into account nature s tolerance capacity and diversity as well as good regional development. A majority in the Committee also notes that it is vital that national policy promotes an ecologically justifiable utilisation of land-use resources that safeguards nature as a long-lasting source for the activities, health and well-being of the population. The Committee observes that in the white paper the Government points to the necessity of adopting a methodical approach that specifies aspects that concern the environment in order to ensure that environmental considerations can be included as a premise in land-use planning in line, for example, with the municipalities housing programmes and plans for developing municipal services. Sustainable land-use planning in accordance with the Planning and Building Act The Planning and Building Act is applicable to all sectors and encompasses all the land in the country, including watercourses unless otherwise stated in or pursuant to the law. For sea areas the Act applies up to the sea boundary. The objects clause of the Act states that planning pursuant to the Act is intended to facilitate the coordination of national, county and municipal activity and to provide a basis for decisions concerning the use and protection of resources and concerning development, and to safeguard aesthetic considerations. By means of planning the Act shall promote a situation where the use of land and buildings thereon will be of greatest possible benefit to the individual and to society. 22 This includes the long-term perspective and the uniformity that sustainable planning and land use require. In the deliberations on Report no. 58 to the Storting ( ), a majority in the Committee pointed out that the provisions on municipal planning in the Planning and Building Act must be used proactively in the work of securing sustainable development. 23 Storting ( ), Recommendation no. 46 to the Storting ( ); Report no. 21 to the Storting ( ), Recommendation no. 228 to the Storting ( ). 20 Recommendation no. 228 to the Storting ( ). 21 In Recommendation no. 237 to the Storting ( ) refers to the Standing Committee on Local Government and the Environment. In Recommendation no. 219 to the Storting ( ), Recommendation no. 246 to the Storting ( ), Recommendation no. 150 to the Storting ( ), Recommendation no. 114 to the Storting ( ), Recommendation no. 228 to the Storting ( ), Recommendation no. 227 to the Storting ( ) and Recommendation no. 206 to the Storting ( ) reference is made to the Standing Committee on Energy and the Environment. 22 Planning and Building Act, section 1 and section Recommendation no. 150 to the Storting ( ) Recommendation from the Standing Committee on Energy and the Environment concerning environmental policy for sustainable development and joint efforts for the future. 17

18 The Planning and Building Act provides firm guidelines regarding the processes that must be implemented before plans can be adopted. It is assumed that development will be based on integrated planning in which the overall plans will serve as the point of departure and as the basis for more detailed planning. Dispensations from the plans are only to be granted on special grounds. 24 The Act is also intended to ensure coordination both in connection with drawing up plans and by ensuring that adopted plans form the basis of subsequent decisions National assets that will be preserved through sustainable land use Over the years the Storting has highlighted more specific assets and principles that should be of importance for securing sustainable land use. In general, with some adjustments these objectives have remained in place as part of the land-use policy since the beginning of the 1990s, cf. Report no. 31 to the Storting ( ) and Recommendation no. 237 to the Storting ( ), Report no. 29 to the Storting ( ) and Recommendation no. 219 to the Storting ( ), Report no. 23 to the Storting ( ) and Recommendation no. 246 to the Storting ( ) along with the subsequent The Government s Environmental Policy and the State of the Environment in Norway. 26 In Report no. 21 to the Storting ( ), sustainable land use is for the first time presented as a specific objective in The Government s Environmental Policy and the State of the Environment in Norway: The strategic goal concerning land use is that Norway s land shall be managed in a manner that protects the natural environment, cultural environment, landscapes and other important qualities of the surroundings throughout the country. A coordinated land-use policy shall ensure coherence between Norway s goals for local and regional restructuring and its goals for the protection of the natural environment and cultural heritage. 27 Among the assets that have been particularly highlighted by the Storting as key resources for securing sustainable land use are biodiversity, outdoor recreation, types of landscape, cultural environments, cultural monuments and sites, and productive agricultural land. In addition the principle concerning eco-friendly urban development has been regarded as significant. More specifically, emphasis is placed on the preservation of areas of natural environment that have no major infrastructure development as well as watercourses and the coastal zone. 28 Biodiversity Increasing importance has been attached to the sustainable use and protection of biodiversity as a key prerequisite for sustainable development, and a national land-use policy is regarded 24 Planning and Building Act, section Official Norwegian report NOU 2001: 7 Better municipal and regional planning in accordance with the Planning and Building Act. 26 Report no. 8 to the Storting ( ), Report no. 24 to the Storting ( ), Report no. 25 to the Storting ( ) and Report no. 21 to the Storting ( ). 27 Report no. 21 to the Storting ( ) The Government s Environmental Policy and the State of the Environment in Norway. 28 Recommendation no. 237 to the Storting ( ) Recommendation from the Standing Committee on Local Government and the Environment on regional planning and land-use policy, Recommendation no. 219 to the Storting ( ) Recommendation from the Standing Committee on Energy and the Environment on regional planning and land-use policy, and the s Biological diversity (Report no. 42 to the Storting ( )), Outdoor recreation (Report no. 39 to the Storting ( )), Improving urban environment (Report no. 23 to the Storting ( )) and Living with our Cultural Heritage (Report no. 16 to the Storting ( )). 18