Dispensation conditions for a new access pier in the Oslo Fjord were not met

The owners of a shoreline property in Bærum applied for an exemption from the construction ban in the shoreline zone in order to build an access pier. The municipality granted the application, but the County Governor, following an appeal, concluded that the conditions for granting an exemption were not met.

The Supreme Court held that the County Governor’s refusal to grant an exemption was valid.

Section 19‑2 subsecction 2 of the Planning and Building Act sets out two conditions for granting an exemption from binding land‑use and zoning plans. First, an exemption cannot be granted if the considerations underlying the binding planning provisions, or national and regional interests, would be substantially disregarded. Second, the benefits of granting an exemption must clearly outweigh the disadvantages.

The Supreme Court states that the conditions for exemption must be interpreted strictly when the considerations underlying shoreline management apply, particularly for construction measures in areas under strong development pressure. Although the pier was small, it would have entailed further encroachment into the shoreline zone. The measure would also have affected important marine natural values in the area. The conditions for exemption were therefore not met.

The judgment clarifies the conditions for granting exemptions for development in the shoreline zone in high‑pressure areas.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: Planning and building law. Dispensation.

Key paragraphs: 40, 61-62 and 81

Justices: Falkanger, Arntzen, Steinsvik, Hellerslia, Poulsen