Correction order and and coercive fine due to road measures in a ANR area.
Supreme Court judgment 27 January 2022, HR-2022-234-A, (case no. 21-072017SIV-HRET), civil case, appeal against judgment.
A, B (Counsel Hugo Pedersen Matre) v. The State represented by the Ministry of Local Government and Regional Development (The Office of the Attorney General represented by Anne Dalheim Jacobsen)
Justices: Matheson, Falkanger, Arntzen, Falch, Sæther
The municipality and the County Governor ordered two landowners to make corrections and pay a fee after they, without having applied to the municipality, had built a road in an ANR area, see section 32-3 subsection 1 and section 32-5 subsection 1 of the Planning and Building Act. Like the previous instances, the Supreme Court found that the exemption provision in section 20-6 of the Planning and Building Act, cf. section 4-3 subsection 1 (c) of the Building Application Regulations and section 1-3 of the Agricultural Roads Regulations were not applicable. These provisions had to be interpreted to mean that a road had to be managed and approved under the Agricultural Road Regulations for the road measure to be exempt from the Planning and Building Act's rules on the duty to apply. When such an approval had not been obtained, the measure was in violation of the provisions of the Planning and Building Act, and its chapter 32 on monitoring of unlawful acts then applied. The appeal against the Court of Appeal's judgment was dismissed.