The scope of a regulation plan prohibiting road snow clearing

Justices: Matningsdal, Møse, Webster, Matheson, Steinsvik

The regulation plan for a cabin area contained provisions stating that an access road, marked in the plan as a winter slope/summer road, was not to be cleared of snow. The Supreme Court found like the land consolidation court that a claim for land consolidation from the cabin owners along this road to set up a snow clearing arrangement could not be heard. It was assumed that section 3-17 subsection 1 of the Land Consolidation Act contained a substantive condition for land consolidation decisions. The regulation plan was considered binding for the cabin owners, despite the cabins and the access road being older than the plan. Regular snow clearing, which had not taken place earlier, would be a new measure under section 12-4 of the Planning and Building Act. The fact that the cabin owners, on a private law basis, would have been able to implement snow clearing before the regulation plan was adopted, was not essential. The prohibition against snow clearing was also not a violation of Article 1 of Protocol 1 of the European Convention on Human Rights. The claim for a snow clearing arrangement could not be heard.