Two quay facilities, and a boathouse which has not yet been completed. Three cases where politicians in Fitjar municipality in Vestland are on a collision course with the State Administrator in the same county. The municipality believes they can grant a dispensation to both quay facilities. They also believe that the boathouse can be built, despite the fact that the building permit has expired. But the State Administrator in Vestland thinks otherwise than the municipality. They believe that the wharf facilities must be adjusted and demolished, while the unbuilt boathouse must remain unbuilt. They have decided this without being on a visual inspection. This quay at Teistholmen is too big, says the State Administrator in Vestland. Parts of him must be demolished. The landowner says he must have such a large quay to protect against the weather. Fitjar municipality will grant an interim dispensation to this quay facility. Both to ensure access, but also in anticipation of a new municipal sub-plan for the Skjergard. Owners may not mark the quay as private. The state administrator says no. Here, an application has been made to set up a new boathouse, after the old one was taken in a storm in 2005. The state administrator in Vestland says no, as the building permit is old. After this, a new municipal plan has come out. I think the municipality knows best The decision has caused the local mayor to see red up to several times. – For me, it’s about local democracy, says mayor of Fitjar, Harald Rydland (KrF). He is clear that local knowledge and handling of a national regulatory framework is correct. And that Fitjar municipality takes good care of both national and regional interests in the beach zone in these matters. The state administrator in Vestland believes that this quay must be demolished from approximately the bow of the sailboat and away. The landowner believes that the size is to protect the boathouse against bad weather. Photo: Olav Røli / news But despite several rounds of complaints, the State Administrator has maintained his view: Fitjar municipality cannot grant a dispensation. The mayor and the politicians in Fitjar, on their part, say no to bowing to the state’s extended arm. It was decided at a municipal council meeting this spring. What Rydland has reacted to the most is that the State Administrator has not been on inspection, but dealt with the cases from an office. – When you have to assess the law in these cases, you have to go into each case carefully, and look at the situation. Although I understand that you cannot have visual experience in all appeals, he says. Last week, the State Administrator in Rogaland visited the skerr guard in Fitjar. They will deal with three complaints. From left Bård Inge Sørfonn, Randi Lind, Harald Rydland and Erik Thomsen. Photo: Olav Røli / news Said no to a digital meeting Last week he got his wish, when two case managers from the State Administrator in Rogaland took the trip out to the skerr garden to see. As state trustees, they have taken over the processing of the disputed cases. – First of all, I was offered a digital meeting via Teams. But this is not good enough, Rydland believes. The municipal board made it a requirement that they should have visual experience. – I’m here to see, and possibly ask some questions. We do not go into the processing of the various cases, said senior adviser Erik Thomsen to the landowners whom they met on the boat trip. Erik Thomsen, senior adviser to the State Administrator in Rogaland, documents a quay facility that Fitjar municipality wants to leave standing. Photo: Olav Røli / news Such sightings are very rare, informs both the State Administrator in Vestland and Rogaland. – Looking back on the last four years, this is the second inspection I have done, writes department director Monica Nessa at the State Administrator in Rogaland. Digital aids have reduced the need for visual experience. This includes both maps, aerial photos and other data that they have available. – In the vast majority of cases, information from documents in the cases and our professional system will provide sufficient information about the facts of the case, comments Nessa. In the case of Fitjar, they chose visual experience, among other reasons, because of the high level of conflict and to get a better overview of the area. Section leader Egil Hauge at the State Administrator in Vestland says the same. – We rarely have the opportunity to review individual cases regarding deviations from the law or legally binding plans, when we get them to issue a ruling, he writes. He adds that this is rarely required from the municipalities, as in Fitjar’s case. But, since the case has gone as far as in Fitjar, they were also involved in this vision. Should there be more inspections, the Ministry of Local Government and District Affairs informs news that they do not have a comprehensive overview of the number of inspections in coastal zone cases. Jostein Ljosland, leader of the county board in KS Vestland, says this is an issue that has always been raised. The board includes many mayors from coastal municipalities in Vestland. – The state administrator could have liked to have been more involved in individual cases. Both to adjust their judgement, and to better understand the municipalities’ decisions, he says. Fitjar municipality will grant a dispensation for this quay facility while waiting for a new municipal plan. Wrong, says the State Administrator. Photo: Olav Røli / news Hopes they turn At Teistholmen in Fitjar, landowner and local Ap politician Jarle Helland has built a large quay. Too big, says the State Administrator in Vestland, who thinks parts of him must go. – I cannot understand that something as serious as a demolition decision can be made without an inspection, says Helland. He is nevertheless happy that he finally got a visit from the Governor of the State. Harald Rydland (KrF) is mayor of Fitjar. Here with local politician and landowner Jarle Helland (Ap) at Teistholmen. Photo: Olav Røli – What do you think the outcome will be? – I have no idea about that. But now they have at least been here and seen, Helland replies. PS! On Wednesday evening it became clear that Harald Rydland is done as mayor. Wenche Tislevoll (H) takes over. Hello! Do you have any thoughts after reading this case, or would you like to advise us about similar or other cases. Send me an email.
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