At Skjold in Bergen is a small farm, surrounded by normal residential areas and with the four-lane road to Flesland directly below. Since 2015, Birte Skjold Hansen has been fighting to build a home for herself and her three daughters on the farm where she herself grew up. The small farm with horses and chickens is located at the top of a rather steep little meadow. The process has been an uphill battle at least as steep as the uphill climb. – It means so much to us that my children will have the closeness to the animals, my parents and this farm that I have had. The work, the effort, the dreams and the hope I have had of being allowed to live here… yes, it is an incredibly hard fight to drive, quite simply. LOCALLY YES BUT STATUTORY NO: Birte Skjold Hansen was allowed to build a home here at the top of the bow, close to his childhood home. But a photo of the family aka on the ground contributed to the State Administrator’s opinion that the plot is important as a public playground. Photo: Leif Rune Løland / news “Sneak shot” One day in January 2021, a picture will be taken of children and adults playing and playing on this hill. The photograph ends up in a file with the State Administrator in Vestland. It says: “The state administrator has registered at first hand that the area is a particularly valuable area for recreation and play in winter. The picture above documents that a build-down or privatization (of the plot) will be negative for children’s play and the recreational opportunities in the area.” They also believe that this green area is important to ensure natural diversity. “As shown in the picture, the measure will be in clear conflict with green values on the site.” Previously, the Planning and Building Authority had rejected Hansen’s application. But in May 2021, the city council nevertheless granted a dispensation for the construction of a multi-generational residence with two arched units at the top of the meadow. Repeal the State Administrator’s complaint. He wrote that the dispensation was “significantly contrary to national interests”. These applied to guidelines for strengthening the interests of children and young people. One year later, the State Administrator in Rogaland decided in June 2022 that the State Administrator in Vestland was in favor: the permit was revoked. Hansen was refused to build. – I am very surprised that the State Trustee thinks it is of national interest that I want to build a detached house on my property, she says. – What do you think about this case in light of local democracy and self-government? – I have understood it to mean that municipal self-government must stand strong. In this case, it seems that it has no value at all. Bergensavisen has covered this case in several rounds, most recently in August. Hansen has since complained to the Ministry of Local Government, but they only send the case back to the State Administrator in Rogaland. The Ministry of Local Government will not comment on the matter. HORSES AND CHICKEN: Hansen hopes her children will live with the same closeness to the animals on the farm where she herself grew up. Photo: Leif Rune Løland / news Skuldar, the state administrator for stealth photography of private children’s birthday parties Hansen is upset that the photograph of those playing on the bow was used as an argument that this is important as a generally accessible outdoor area. – This is not a public toboggan run. There is an infield on our farm. We have animals here and use the grass as animal feed. The photograph shows me and my friends celebrating a children’s birthday together with our children. After the sledding, there was a bonfire and a treat up in the yard, she says. She is most upset about what she perceives as stealth photography. – We were completely shocked. It seems unreasonable – like an assault – that they enter a private property, take a picture of me and my children and use it as documentation in a case against us. In addition, they have chosen to take the photo so that it does not show the fence that goes around the entire property. CLOSED: The entire infield of the farm is fenced. Photo: Leif Rune Løland / news While the State Administrator warned against the privatization of the toboggan run, Hansen therefore states that their farm is private land. – A bomb Olav Pedersen in Harris is a lawyer for Birte Skjold Hansen. He believes that the state administrator is interfering in a small matter on the wrong basis. – It’s a tiny construction case. It is far too small for the state administrator to intervene. They must intervene in matters of national interest. It was a bombshell that the state administrator chose to complain, he says. Municipal director Nils Erling Yndesdal at the State Administrator in Vestland rejects that they meddle in the details of a local political decision. – I don’t think I will. And I will not go into the local self-government. But the State Administrator believes Bergen municipality broke the law when Hansen got a dispensation to build a house on his childhood garden. The state administrator demands that a zoning plan must be drawn up that comprehensively assesses the need for a play area for children and young people in this local area. – Our practice is that we should never complain about decisions in the municipalities that are within their local political scope. What we care about is that the municipalities do not make decisions contrary to national interests such as taking care of children and young people, and that the municipalities do not break relevant laws, he says. TIRED: – The work, effort, dreams and hope I have had to be allowed to live here. yes, it’s an incredibly hard battle to drive, quite simply, says Birte Skjold Hansen. Photo: Leif Rune Løland / news May become a public area in the future Yndesdal will not comment on the photograph of the children’s birthday. In general, he believes it is irrelevant whether a green area is privately owned today or whether it is already publicly used as a playground. – Here you have to look at this together, regardless of how the area is or is being used today, and whether it is public or private. One must look at the potential of the area in a larger context. – That is, whether it should become generally available sometime in the future? – Yes, and it is better assessed in a regulatory plan than in a single dispensation case, he says. Advocate Pedersen believes that the state administrator thus adjusts his argumentation when they receive a counterargument. – They are driven from redoubt to redoubt. First they pointed to the picture and argued with existing play and recreation. Now they are talking about possible future play in this area. “NOT OF NATIONAL INTEREST”: – The image of the children playing on the bow can be compared to them playing in their garden, says lawyer Olav Pedersen. Photo: Leif Rune Løland / news He points out that in the municipal plan this plot is in an area defined for residential densification without any restrictions. Pedersen adds that the municipality wrote in its decision: “In any case, there is a great deal of green left”. Decided without an inspection He criticizes that the State Administrator in Rogaland decided the case without having visited the farm in Bergen. – He refused. There is therefore a case manager in Stavanger who has not been to the site. The person concerned assesses at his own desk whether this is a future generally accessible play and recreation area. It is special. – But shouldn’t the state administrator check that the municipalities follow the law and take into account the need for good playgrounds? – In principle, I agree that it is important that a body fits the municipalities. One must not let this go completely freely. But I think the municipality is the closest to assessing this, and they have concluded that this is neither nor needed as a play area. He adds that no neighbors have objected to the building of the block of flats. The state administrator in Rogaland is now processing an appeal against their decision. The outgoing city council in Bergen, which gave permission for the building, will not comment on the case.
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The state administrator “sneak photographed” that the family used the plot as a toboggan run – news Vestland
