- Participation
- Electoral legislation
- Non-editorials
Featured
Featured
- Recent
- Everything else
- Electoral legislation
- Concepts
- About Oagal
Select Page

This extensive case description concerns participation under the Planning and Building Act in connection with the Skoyen area zoning plan. The case description contains few personal names, as the democratic and principled aspects form the editorial basis for Oagal rather than party or person-focused coverage. The description contains substantial knowledge and references for local communities, university and college students, researchers without party affiliation, and elected officials who take real democracy seriously.
Christian Soemme at Oagal is a party to the case. As a reader, you must take this into account. A party to a case can hardly be objective. However, Soemme has undertaken this extensive case description of the Skoyen zoning process because the case formed part of the basis for the establishment of Oagal. Aftenposten, NRK Brennpunkt, and Dagsavisen are among the media outlets that, during the process, did not wish to examine the democratic problems in this case. Many media outlets believe they cover democracy, but largely write about the political aspect of it—hence the need for Oagal, with democracy at the core of its editorial platform.
Credit is also due to Akersposten, which has covered the residents’ perspective throughout, and Kommunal-Rapport, which has published debate contributions.
Some additional background on Soemme: he has been a place- and urban-development activist since the 1990s, when Oslo municipality’s Agency for Planning and Building Services (PBE) attempted to administratively slip through a rezoning of Astrids vei in Oslo as part of an entirely different political mandate. The attempt was stopped with the support of Peter Batta, then head of the Norwegian Homeowners’ Association (Huseierne). Afterwards, Soemme served for many years as chair of Skoyen Vel.
At the request of local residents, Soemme initiated the People’s Action for a Humane Skoyen Area Zoning Plan around 2018. The Skoyen action group’s Facebook group aimed for 800 members and has now reached 1,400. Within the group, activists have discussed and made available a large number of case documents from PBE’s public access system. The group has also been an important debate arena for local residents and is closely observed by key actors. Early in the process, the action group established the website skoyen.no, but over time the Facebook group became the most up-to-date channel.
In 2018, Soemme also launched the democracy-activist initiative Medvirkningsombudet (self-appointed) with the website medvirkning.no, because county governors (now called County Governors’ Offices), the Parliamentary Ombudsman, bureaucrats, and politicians fail to safeguard their ombuds roles in the field of spatial planning. The Participation Ombudsman (self-appointed) developed into a democracy-activist initiative that eventually led to the establishment of Oagal. Both initiatives are pro bono civic engagement through Soemme’s company Viis.
Soemme has spent considerable time writing this case description because he believes the reference value is significant in democratic terms and for others dealing with municipal Norway in planning cases. At the time of writing, Soemme’s complaint regarding participation is under consideration by the County Governor of Oestfold, Buskerud, Oslo, and Akershus—who will forward it to the Ministry of Local Government and Regional Development. The case description will become even more interesting if the County Governor rejects the complaint. That would reveal an unfortunate side of Norwegian democracy, as so many—including Oslo Municipality’s Municipal Audit Office—have pointed out legal violations and inadequate implementation of participation.
But back to the case.
Oslo Municipality’s Agency for Planning and Building Services (PBE) announced the start of the planning work for the Skoyen area zoning plan on 14 April 2015, and Oslo City Council adopted the plan on Wednesday, 27 September 2023.
Case documents are available in the public access system for Skoyen area zoning plan, part 1, S-5193, with 1,810 entries and several underlying documents for each entry. The case continues after the City Council’s decision as Skoyen – Area Zoning Plan – S-5193 – Part 2 of 2. Many documents are also available for download in this Dropbox folder.
From a local-democratic perspective, zoning plans are particularly interesting. Democracy is, by definition, a political system in which the people decide—something that is rarely followed up in practice.
However, in planning matters this is difficult to avoid. The people’s contribution is given particular weight through Section 1–1 of the Planning and Building Act, which states that “all affected parties shall be given the opportunity to participate.” This provision was added after extensive preparatory work showing that participation did not, in fact, function as intended.
Read more: Statutory participation requirements have helped little
In the large, non-greenfield Skoyen area zoning plan, the rulers at Oslo City Hall and within the Agency for Planning and Building Services made decisions in ways that resemble earlier totalitarian regimes.
The “new” Planning and Building Act replaced the previous act from 1985 as of 2008. Among the many changes was a restriction on the use of exemptions. Similar developments have occurred in Sweden, prompted by the fact that politicians too often overrode lengthy planning processes by granting exemptions that undermined the basis of those processes, including public participation. Participation was also incorporated directly into the Act’s purpose clause.
Legislative processes are extensive, relate to other laws including the Constitution, and often include experience from international cooperation, obligations under international agreements, research, and philosophy. By following the law, those in power act in accordance with all of this. Those who do not follow the law—in planning matters often elected officials and public servants with higher education and well-paid full-time jobs—set aside not only the law but also its very foundation.
Decision-makers who act in contravention of the democratic legislature are referred to by Oagal as rulers.
Rulers have few laws and democratic principles to relate to. Many planning agencies and municipal councils act in ways that resemble this. They apparently believe their work and decisions can override the law and its preparatory works.
While citizens have a trusting expectation that bureaucrats are their public servants, many agencies and bureaucrats pursue their own administrative, non-political agendas. This results in residents being met with a superior attitude toward the authorities’ own knowledge and expertise—often accompanied by arguments based more on sentiment and poorer insight than what experienced and highly educated residents can provide.
There is, however, one crucial difference: the civil servants hold the power, and the outcome is what they decide. The public stands little chance and ends up serving the civil servants. The civil servants hold power and can shred residents’ objections and protests through argumentation. Citizens become so worn down by the struggle that raising funds for and finding the time to sue the powerful counterparty becomes unthinkable—and the outcome uncertain, because the political industry stands so strong even in relation to the courts.
When the law and its intentions are argued to pieces, this also exemplifies how bureaucratic production becomes wasteful. The bureaucracy then expends large resources on matters that have already consumed resources and should not require further effort because the work has been summarized in legislation. As a result, much becomes unnecessarily larger and more expensive—at the expense of citizens.
Prior to the Act, the Planning Law Committee and the Building Law Committee submitted their work related to amendments to the legislation. The Planning Law Committee focused particularly on land-use planning, while the Building Law Committee focused on building permit processing. The parliamentary proposition built further on the committees’ work.
Much of the argumentation and legal interpretation put forward by residents in connection with the Skoyen area zoning plan closely mirrors the concrete wording of the law’s intent as expressed in the preparatory works. There is much to be gained for residents in Norway from the law and its intentions actually being followed. Some believe the law needs to be tightened even further for the rulers to comply with it. But until that possibly happens, much can be achieved if the rulers think democratically and follow the law.
Some excerpts from the Planning Law Committee’s first report: Better Municipal and Regional Planning under the Planning and Building Act (NOU 2001: 7).
The Planning Law Committee’s second report with legislative proposals: Better Municipal and Regional Planning under the Planning and Building Act II (NOU 2003: 14).
Read more: Would participation have made any difference? The rulers find safe harbor in the Public Administration Act
On 9 August 2018, Christian Soemme chose to appeal the decision to Sivilombudsmannen. Sivilombudsmannen (the Parliamentary Ombudsman; now Sivilombudet, the Parliamentary Ombudsman) pointed out that the deadline for submitting a complaint is one year from the administration’s final decision, but that the Ombudsman nevertheless has the authority to take up a case on its own initiative. “We have considered your complaint and the documents received, and have not found grounds to take up the case irrespective of the complaint deadline.”
In other words, the Parliamentary Ombudsman could have done so — but chose not to.
This parliamentary ombudsman for oversight of the public administration is tasked with supervising the public administration and all those in its service in order to prevent injustice against individuals, and to help ensure that the administration respects and safeguards human rights. The ombudsman is also headed by a politician.
The very existence of the Skoyen district plan was the result of strong local engagement. The district politicians in Ullern district did something as rare as preparing their own feasibility studies ahead of the zoning work for Skoyen.
The reason was that Oslo’s municipal master plan toward 2030 had designated the Skoyen and Bestumkilen areas, as well as the areas of Vaekeroe, Sollerud, and Lilleaker, as development areas requiring coordinated planning.
The district council wanted to get ahead of the planning agency and has stood united throughout the entire Skoyen area zoning plan process, with the exception of Bestumkilen as a public park. The district politicians aligned themselves with the approximately 35,000 residents of the district and all those who additionally use Skoyen as a workplace, including people from other districts. Even this failed to make an impression on the planning agency and City Hall politicians, further illustrating how difficult it has been to achieve participation in this case.
The first proposal for the Skoyen area zoning plan was submitted for political consideration on 29 June 2018 and was signed by the Director of the Agency for Planning and Building Services and the Director of Urban Development.
One of the proposed measures would have entailed the demolition of the Amalienborg residential block. The Agency for Planning and Building Services had chosen not to hold a preliminary meeting with the residents about this, who instead learned of the uncertain fate of their homes through the media. This also provides insight into the agency’s zero-tolerance approach to dialogue with residents.
It is lacking in empathy and reflects poor moral judgment to inform people through the media that their homes are proposed for demolition.
On page 38 of the proposal, there is an overview of participation measures, which is reviewed below:
It appears that the civil servants behind the proposal consider the participation requirement fulfilled simply because participation has occurred—a yes-or-no question to which the answer is yes. However, the participation was not carried out in accordance with the law or the intent of the law as set out in the preparatory works. Neither those affected nor anything resembling a representative sample were allowed to participate. Despite extensive guidance and methodological frameworks, the agency insisted that consultations and information meetings were sufficient.
An updated version of the plan was issued on 28 August 2018.
Submitting a matter for political consideration means that it moves from the administration to the political leadership of the municipality, in this case the City Councillor for Urban Development, Hanna Marcussen. Marcussen is a proponent of participation and stated under the headline “Participation is the key to better urban development” on 14 January 2018 in Magasin.Oslo.Kommune.no:
We must motivate more people to engage early in the planning of our city. People’s local knowledge is the key politicians need to make good decisions; participation is democracy in practice. Hanna E. Marcussen, City Councillor for Urban Development in Oslo, 14 January 2018
City Councillor Marcussen was not satisfied with the proposed area zoning plan and returned it to the Agency for Planning and Building Services for further work.
Read more: Are we moving away from democracy?
Because the municipality’s participation measures were so inadequate, local forces once again mobilized, similar to how district politicians had gathered residents for dialogue meetings related to Ullern district’s feasibility study. This time, it was the developers who carried out Café Dialogue Skoyen in cooperation with the People’s Action for a Humane Skoyen Area Zoning Plan. The case officer for the Skoyen area zoning plan understood that the purpose of the meeting was that the results from the café dialogue would primarily be used by developers as input to their zoning proposals. Café Dialogue Skoyen was conducted in two rounds with a dedicated final report, published on 12 February 2019.
Shortly before this, Oslo municipality’s Control Committee decided to take a closer look at participation in planning processes and on 29 January 2019 (case 11) resolved that Oslo Municipality’s Municipal Audit Office should conduct a review. The Skoyen area zoning plan was one of the zoning cases examined.
The second proposal for the Skoyen area zoning plan was then presented on 8 November 2019, with a consultation period running until 6 January 2020. Shortly thereafter came Municipal Audit Office Report 16/2019: Participation in Zoning Plans, which local activists ensured was included in the case materials, as there is no automatic mechanism for incorporating the Audit Office’s work.
The overview of participation events on page 44 of the second draft was as follows:
The most noteworthy aspect of the new table is that no opportunity was found to carry out new participation measures from the time the first version was submitted for political consideration on 29 June 2018 until the second version was presented on 8 November 2019.
The table now includes an Open Office Day at Skoyen from 12:00 to 18:00 on 15 August 2017—a time when many working people are at work or occupied with private commitments. The Municipal Audit Office refers to this office day on page 22 of its report. The office day was conducted by allowing residents to ask questions and receive answers, but the auditors conclude that the input received was not documented. The audit report states that the Agency for Planning and Building Services considered the open office day to be successful, but listing it as participation without documenting the input gives a misleading picture of practice in Oslo municipality, which has adopted the ambition of being a leading municipality in participation.
The consultation period following the second version was also listed as participation, despite the law’s intention that participation is primarily aimed at residents, while consultations are mainly a tool for professional actors. An open meeting was also held in this phase, which is regarded as one-way communication.
A key aspect of this consultation period was that the Municipal Audit Office’s report formed part of the case basis. The report was critical of participation in the Skoyen process. Particularly serious was the Audit Office’s finding that it could not see that the agency had carried out a satisfactory mapping and assessment of groups requiring special facilitation, which is contrary to Section 4–1 of the Planning and Building Act, which states that:
the planning programme shall explain […] the arrangements for participation, especially with regard to groups assumed to be particularly affected … Planning and Building Act § 4–1, second paragraph
The criticism was so clear that the agency director, Siri Gauthun Kielland—who took up the position while the Skoyen area zoning plan was ongoing—summarised the Municipal Audit Office’s evaluation during an online meeting organised by Oslo Velforbund on 13 April 2021 by stating that “the Skoyen participation failed.”
The Skoyen plan has received a great deal of criticism for participation, and here we can only say that haste makes waste when it comes to participation. The Agency for Planning and Building Services faced very tight deadlines to deliver the plan proposal, and a choice was made that participation would take place through public inspection of the plan—that is, during the consultation period. In hindsight, we can say that this was a wrong decision, and that the result was not a plan delivered quickly, perhaps as a consequence of the lack of participation.
Agency Director Siri Gauthun Kielland, Oslo Velforbund, 13 April 2021
At the same time, the agency director raised principled questions about how participation should actually be carried out. The statements can be read as an acknowledgement of the need for strengthened knowledge and practice within the agency, while the established understanding that “participation is not co-determination” was maintained. Participation is, however, an independent concept with a clear basis in law and preparatory works.
[..] The greatest challenge may be who participates, when in the process, and where. Do we reach all age groups? Do we reach less resourceful groups? Do demographic differences in the city mean that processes must be designed differently to achieve better participation? What about those who do not have the time or capacity to familiarise themselves with extensive planning documents, or who are unsure what they can provide input on and how they can do so? [..]
Agency Director Siri Gauthun Kielland, Oslo Velforbund, 13 April 2021
Despite these acknowledgements, a third proposal for the plan was presented on 19 April 2021, later revised as a fourth proposal on 22 November 2022 and forwarded to the City Government, without addressing the identified shortcomings in participation. The adopted document shows no clear adjustment in approach. This also means that the City Council decision, which was based on the Control Committee’s recommendation and the Municipal Audit Office’s report, has not been followed up in practice.
The agency’s explanation of how the legal breach was followed up was limited to the following:
We have previously sent the consultation statement centrally to the districts, but have now also contacted directly the chairs of the councils for persons with disabilities in Ullern district and Frogner district. They had no comments on the planning work.
The Urban Development Committee invited participants to a seminar on 11 May 2023 at Oslo City Hall. The seminar is available as a recorded broadcast.
Journalist Vidar Bakken of Akersposten chose to cover the issue through an opinion piece. Akersposten has followed the planning case over time with particular emphasis on the residents’ perspective, in contrast to larger media outlets that have mainly relayed presentations from developers and the planning agency.
Bakken notes that the lack of genuine participation and dialogue was a recurring theme in submissions from actors who would be affected by the plan.
“It did not result in much self-criticism, either from the City Government or from the Agency for Planning and Building Services. Quite the opposite,” Bakken writes.
He further refers to extensive criticism from representatives of boating associations, the district council of Ullern district, Skoyen Environmental Forum, the People’s Action for a Humane Skoyen Area Zoning Plan, and several of the largest landowners in the area. At the same time, an overview was presented of the Agency for Planning and Building Services’ own assessment of its work on participation.
Bakken also points out that City Councillor Hanna E. Marcussen had previously instructed the agency to increase building heights after input during the planning process pointed in the direction of lower heights.
Oagal refers to this as an example of how political directives can set aside professional assessments and residents’ input, contributing to uncertainty about whether participation is actually given weight.
The outcome, in any case, is that participation is not given real significance.
The People’s Action for a Humane Skoyen Area Zoning Plan also reacted to the lack of follow-up from both the political leadership and the Agency for Planning and Building Services, and contacted the municipality’s Control Committee to inform it of the principled problems in the situation.
The Control Committee did not follow up the inquiry in any visible way, giving the impression that the committee did not function as an effective corrective in this case.
Read more: Here you can request Soemme’s letter to the Control Committee
The Skoyen area zoning plan was ultimately adopted after more than eight years of planning work, at the final City Council meeting of the outgoing majority, which had also borne the main responsibility for the participation process. The opposition argued for postponing the decision, citing deficiencies in both the plan and the participation. Nevertheless, the decision was made on Wednesday, 27 September 2023.
Read more: Oslo municipality breaks the law and forces the Skoyen plan through
The case is still not concluded. In a letter to the Oslo City Council Secretariat, the County Governor of Oslo and Viken writes: “We understand it such that the entire plan has been adopted without legal effect.”
The background is complex.
Five City Council representatives have submitted a request for a legality review.
The Norwegian Public Roads Administration and others have lodged objections to the area zoning plan. When a plan is adopted with objections from bodies holding the right to object, the matter must be forwarded to the ministry for final decision via the County Governor.
The Royal Norwegian Boating Federation (KNBF) has also appealed the decision. As a resident of Skoyen and the Participation Ombudsman (self-appointed), Christian Soemme has also filed a complaint and maintains that the zoning plan is invalid because participation was not carried out in accordance with the Planning and Building Act.
Christian Sømme er Oagals redaktør og demokratiaktivist. Overalt i Norge og internasjonalt møter han mennesker som ikke kan assosiere seg med og føler maktesløshet overfor beslutningene til politikere, offentlig administrasjon og domstoler. Han har etablert Oagal som en uavhengig mediekanal for å dekke disse problemstillingene, oppsummert som «reelt demokrati». Sømme har vært tillitsmann, by- og stedsutviklingsaktivist i en mannsalder, og demokratiaktivist som Medvirkningsombudet (selvutnevnt) fra 2018 og med Oagal fra 2024. (Foto: Thomas Eckhoff)
0 Comments