National policy guidelines for children and planning Date FOR-1995-09-20-4146 Ministry of local government and modernization the Ministry Published the entry into force last modified the Change applies to Norway Pursuant LAW-1985-06-14-77-section 9-1 jf. LAW-2008-06-27-71-section 6-2, LAW-2008-06-27-71-section 34-2 Announced Directed 29.06.2016 (part 4 added, footnotes, directed) short title guidelines for children and Planning Chapter overview: 1. (Repealed) 2. National policy guidelines to strengthen children and young people's interests in planning 3. (Repealed)
4. Supplementary comments to national policy guidelines to strengthen children and young people's interests in the Planning Authority: established by the Ministry of the environment (now the Ministry of local government and modernisation) 20. September 1995 as part of the Norwegian organization to fulfill the obligations of the UN children's Convention, ratified by Parliament 8. January 1991.
Corrections: 21.06.2016 (Chapter 1 and 3 taken out then revoked), 29.06.2016 (part 4 added, footnotes, directed).
1. (Repealed) 2. National policy guidelines to strengthen children and young people's interests in planning 1. National goals for children and adolescent developmental environment important national goal is to: a. ensure a developmental environment that gives children and young people safety against physical and psychological harm, and that they have physical, social, and cultural qualities that at any given time is in accordance with the existing knowledge about children and young people's needs.
b. Attend the public responsibility to ensure children and young people the offers and opportunities that gathered can give it some challenges and a meaningful life regardless of place of residence, social and cultural background.
2. The purpose of the national policy guidelines (RPR) to empower children and young people's interests in the planning the purpose of these national policy guidelines is to: a. Highlighting and strengthening the children and young people's interests in all the planning and byggesaks treatment for planning and building law.
b. Give the Councils better basis to integrate and protect children and young people's interests in its ongoing planning and byggesaks treatment.
c. provide a basis for evaluating cases in which children and young people's interests come into conflict with other considerations/interests.
3. Responsibilities the responsibility to attend to the spirit and requirements of these guidelines is given the following authorities: a. Ministry of the environment has overall responsibility for general follow-up, development and guidance in relation to this privacy policy. Responsibility shall be exercised in close cooperation with other affected ministries.
b. the county councils shall, in consultation with the County, as far it is possible to guide and give the municipalities required support to ensure children and young people's interests in the Council's plan work in accordance with clause 4 and 5 in this privacy policy.
The County and the County Governor shall, where it is necessary to safeguard the purpose of section 5, give statement and possibly forward put the objections to the municipal plan and zoning/site plan. The County Governor shall be by the exercise of his business after planning and building law ensure that the requirements of the treatment in section 4 is taken care of.
c. the municipalities to ensure that section 4 and 5 of the guidelines are taken care of and provision in the municipality where the responsibility to follow up the guidelines should be.
4. Requirements to the municipal planning process, the municipality shall: a. consider the consequences for children and young people in planning and byggesaks the treatment after the planning and building law.
b. make an overall assessment of child and adolescent developmental environment to incorporate the goals and measures in the municipal planning work.
c. Prepare guidelines, regulations or statute of the scope and quality of the areas and facilities of importance to children and young people, to be secured in plans in which children and young people are affected.
d. Organizing the planning process so that the points of view that applies to children as affected parties come forward and that various groups of children and young people even given the opportunity to participate.
5. Requirements for physical design, the following shall be paid special attention: a. Areas and facilities to be used by children and young people should be secured against pollution, noise, trafikkfare and other health hazards.
b. in the near environment should there are areas where children can unfold and create their own play environment. This requires among other things that the areas:-is large enough and is suitable for play and stay-provides opportunities for different types of play on different seasons-can be used by different age groups, and provides opportunities for interaction between children, young people and adults.
c. the municipalities should set aside sufficient, large enough and suitable area to the nursery.
d. By redeployment of areas such as in the plans are allocated to private land or free site that is in use or is suitable for play, to obtain full compensation. Compensation shall also be obtained by development or redeployment of the unregulated area that children use as a children's play area, or if the redeployment of the area suitable for play leads to the considerations mentioned in point b above, in order to meet the current needs of the future will be or not fulfilled.
6. changes in the guidelines Less significant changes in policy can be made by the Ministry.
3. (Repealed) 4. Complementary comments on national policy guidelines to strengthen children and young people's interests in planning it is recommended however to see more in the topic Guide on children and planning for plan and building T-1513 and topics about children and planning at local government and modernization Department's Web pages.
Point 1. National goals for children and adolescent developmental environment the purpose of these national policy guidelines and other State plan guidelines is to prepare national or regional interests in areas where this is necessary to ensure that these interests are taken care of in the municipal and regional planning in accordance [change] of the planning and building Act of 25. June 2010 No. 48.
National policy guidelines give the Government's views on-what considerations and interests that should be a particular emphasis on how avveiinger in conflict situations should be made The national objectives set forth in section 1 is in accordance with the planning and building Act purposes, provided for in section 1-1, and section 3-1 point e), and § 3-3, 3. joints where it goes forward that it by scheduling by the law specifically to be added to correct to ensure children good upbringing conditions.
One of society's biggest tasks is to pave the way for children and young people grow up in safe conditions, with adult people around him that protects the basic needs and proximity, and good upbringing and immediate environment. Good close environments for children and young people is characterised by a plentiful supply of safe and varied areas for play and activities without noise and pollution.
The expression applies to children and young people aged 0-18 years of age (under age). Within this group will need and assumptions be strongly different, and measures to ensure the early life conditions need to be considered from the needs of children of different ages have. This does not apply, at least for groups with disabilities. Moreover, it also implies that the municipalities providing them insights about immigrant children's and young immigrants interests.
Children and young people are not the copyright holders in the formal sense of the word. They are not notified that the property owners or neighbours and can also not always even formulate or take up their claims. They also do not have the financial resources. The younger the children are, the more dependent are those of the adults that safeguards the their needs. Including to facilitate interaction.
National policy guidelines for children and young people are given with the legal authority in the planning and building law and applies to planning and byggesaks treatment under this Act. As the guidelines provides overall goals for child and adolescent developmental environment, they can also be used by the interpretation and practice of other regulations to safeguard the same goal.
Paragraph 1 provides overall goals for child and adolescent developmental environment, but provides a framework for the national policy scope guidelines take up, IE. planning and byggesaks treatment for planning and building law.
Point 1 shall ensure a developmental environment with confidence against the physical and psychological harm in the same way as the work environment Act will ensure a work environment that provides the basis for a health promotion and meaningful work situation that gives full peace of mind against the physical and psychological harm.
Children have no separate law that ensures this. National policy guidelines for children and young people to contribute to that this be safeguarded in planning and byggesaks treatment.
The content is in accordance with national objectives, which have previously been expressed in the white paper messages, action plans and public assessments of children and adolescent developmental environment..
See more in the Theme of children and planning supervisor for the plan and building T-1513 on the Ministry website.
Point 2. The purpose of the national policy guidelines (RPR) to empower children and young people's interests in the planning.
Point 2 refining the scope of the policy lines to business after planning and building law.
Point 2 a. Highlighting and strengthening the children and young people's interests in all the planning and byggesaks treatment for planning and building law Point 2a clarifies that management signals applies to all plan-and byggesaks treatment for planning and building law.
Plans for the planning and building law includes local government plans, local government part plans, control plans and site plans at the municipal level, and regional programs such as the County plans and County delplaner.
Also the parent planning, at the regional level, is an important venue to make use of the good plan principles that contribute to the good childhood. Including the case of coordinated area and transport planning, arrange for physical activity and health promotion communities by continuous green structures with good connections to the surrounding natural areas across the municipality limits.
Point 2 b. give the municipalities to better integrate and protect children and young people's interests in its ongoing planning and byggesaks treatment
Point 2b stressed that the purpose of the guidelines is to support municipalities in their work for children and young people. The guidelines give the municipalities a basis to develop a planning process that ensures that the consideration of children and young people are made visible and better taken care of.
Point 2 c. Provide a basis for evaluating cases in which children and young people's interests come into conflict with other considerations/interests through to meet the requirements of the planning process, mapping and documentation will provide the basis for guidelines to make a avveiing by conflicts.
The guidelines will be added to the reason for the assessment of conflict issues promoted for Central treatment after the planning and building Act section 12-10, section 12-11, section 12-12.
Point 3. Responsibilities.
The overall responsibility for the planning and byggesaks treatment after the planning and building Act is provided in the law.
Point 3 places responsibility for the enforcement of, and tasks associated with these national policy guidelines.
Responsibility point stresses the need for collaboration across sectors and levels. Especially important is it to get to a cooperation between authorities with plan of professional expertise and authorities with the knowledge of children and young people's needs and situation.
Point of responsibility does not imply that it must be created new bodies.
Point 3 a. Responsibility at the State level of local government and the Ministry of modernisation has overriding responsibility for general follow-up, development and guidance in relation to this privacy policy.
At the State plan assumes by point 3a a collaboration between all ministries which in various ways are responsible for community development, local environment and upbringing conditions, traffic conditions, health conditions, children and young people.
This is important for governmental bodies also at the regional level to get guidance and knowledge of how they can help to ensure the consideration of children and young people in the planning.
Point 3 b. responsibility at the regional level-the County and the County will guide the municipalities to ensure that children and young people's interests are safeguarded in the municipality's plan work according to points 4 and 5.
With increased pressure on the areas and conflicts between different interests, there is great need for regional government through its guidance helps to improve understanding of how conflicts can be solved and how to plan so that children and young people's interests will not be harmed.
The purpose of the Guide and the support of the municipalities is to stimulate a planning work that fills the process-and quality standards the guidelines specify, so that it will not be necessary to make objections.
Point 3 b requires a close cooperation between the County and the County, and that at the State level is assumed a collaboration between other affected agencies at the regional level (schools, healthcare, roads, etc.).
Point 3 c. Liability on municipal level to follow up the Council's national policy through its social and spatial planning.
The Municipal Council and the administrative leader has overall responsibility for planning at the local level REF. PBL § 3-2 and § 3-3.
The municipality has, as a local plan the primary responsibility of the authority that these guidelines will be added to because in the planning. This is true regardless of who promotes the plan proposal.
The municipality shall ensure that all planning for planning and building law that takes place in the municipality is in line with national policy guidelines to strengthen children and young people's interests in planning.
There is a clear presumption that the municipalities ' planning for children and young people is conducted in an intersectoral collaboration.
If the directional lines point 4 and 5 are not met, the County and the County promote the objection.
Objections, complaints and dispensation.
Point 3 b also takes up the right to make objections.
The County and affected governmental authority has the vendor dispute straight to the plans after the planning and building law § 5-4 and section 5-5.
County men have access to travel out their objections from responsibility.
Municipal area plans that are in conflict with national policy guidelines to provide a basis for travel objections.
The guidelines emphasize that the County Council's professional responsibility in such cases include children and young people's interests and that the County Council's vendor dispute right also relates to these interests.
The guidelines emphasize that also children and youth perspective must be included in the plan professional reviews that still be done.
The guidelines will be added to the reason for the assessment of conflict issues promoted for Central treatment after the planning and building Act section 12-10, section 12-11, section 12-12.
Responsibility for the processing of the complaint the complaint cases are not taken particularly in point 3. Here be followed General provisions cf. Circular T-2/04 about the Complaint and objection.
An exemption in the planning and building Act of 25. June 2010 No. 48 § 19-1 stated: "the exemption requires reject has motivated application. Before a decision to meet neighbors be notified in the manner mentioned in section 21-3 ". And further: "Regional and State authorities if the business is directly affected, to have the opportunity to respond before the dispensation is given."
The County and the County and other governmental authorities when processing the application ratio of dispensasjons consider these guidelines.
Point 4. Requirements to the municipal planning process point 4 stipulate to the municipal planning process.
The requirements of section 4 shall ensure that children and young people's situation going on the political agenda in the municipalities when the plan matters are discussed, and to be integrated in all municipal planning-and byggesaks treatment.
Point 4a. Consider the consequences for children and young people in planning and byggesaks the treatment after the planning and building law.
An assessment of the consequences for children and young people in the particular case, will be able to give a better case presentation and bring children and youth issues into the political discussion and raise awareness of children and young people's situation.
A good decision making is dependent on consequences both for smaller children and young people are adequately illuminated.
See more in the Theme of children and planning supervisor for the plan and building T-1513 on the Ministry website.
Point 4b. Make an overall assessment of child and adolescent developmental environment to incorporate the goals and measures in the municipal planning work.
Through the work of master planning at the municipal level should get the communities plan overview of the condition in the municipality.
The municipalities are going to make an assessment of how early life environment is for children and young people around in their municipality.
How to get the community knowledge of where in the community there is a need for measures and what measures are needed to create and/or secure good developmental environment and immediate environment for children and young people.
Municipalities should also get input from the population on how to get to the good childhood.
The municipality determines how they are going to bring up such an overall assessment.
This incorporated in local government planning work.
See more about impact assessments in the theme of children and planning supervisor for the plan and building T-1513 on the Ministry website.
Point 4 c. Develop regulations and guidelines on the scope and quality of the areas and facilities of importance to children and young people, to be secured in plans in which children and young people are affected on the basis of the implementation of the points 4 a and 4 b of this policy can the municipality prepare complementary regulations and guidelines to the municipality the plan's area. These will help to facilitate and ensure that the goals and measures that emerged that these, are taken care of in the municipal plan.
The preparation of the supplementary provisions to the municipality the plan's area part and guidelines will facilitate the municipal treatment of individual cases. Suggestions for plans should follow the provisions given in the municipality plan.
Detailed guidelines on physical conditions must be designed by the individual municipality, so that they can be adapted to local conditions.
The provisions must be legally anchored in the planning and building law. According to the planning and building law can the municipality display area purposes and under purposes as specified in section 11-7, 1-6.
Furthermore, the municipality adopt general provisions to the municipality the plan's area part as specified in section 11-9, see in particular no. 4, 5 and 6 that deals with the Green structure and play-out and living spaces On it may pursuant to the planning and building Act section 12-5, section 12-7 is given provisions on land purposes and to the area the purposes in the regulatory plans.
For more details see in the theme of children and planning supervisor for the plan and building T-1513 on the Ministry website.
When preparing to the emphasis on the requirements for the physical design in the point 5.
Point 4 d. The municipality will be organizing the planning process so that the points of view that applies to children as affected parties come forward and that various groups of children and young people even given the opportunity to participate.
Children and young people are often of plans even if they do not fall under the common understanding of the term "interested party". Point 4 d encourage especially to draw children and young people even more actively into the planning.
In the planning and building Act of 2010 was the requirements for participation from children and young people further reinforced in section 5-1: anyone who promotes the plan proposal, to facilitate interaction. The municipality shall ensure that these are met in the plan processes somutføres of other public bodies or private.
The community has a special responsibility to ensure the active involvement of groups that require special facilitation, including children and young people. Groups and interests that are not in the beach to participate directly, to be provided good opportunities for intervention in another way.
To ensure real interaction, it is important that children and young people will be drawn with early in the planning process. Historically, it is harder to be heard and taken into account if one's views promoted late in the planning process.
It is important that the people, groups or agencies that can represent children and young people's case, also be given the opportunity to promote views. This should not, however, come as a replacement for the children and young people's own ability to participate and make a statement.
Requirements for interaction and participation is also a requirement children and young people have after the UN's Convention of the rights of the child (CRC). The Convention's article 12 States that the child has the right to express their opinions and be heard in all that pertains to it. See more in Theme children and planning supervisor for the plan and building T-1513 on the Ministry website.
Vendor dispute the right also applies to process the requirements given in point 4.
If the do not process the requirements of paragraph 4 are observed, this can provide the basis for invoking the wrong proceedings in connection with the preparation of plans for the planning and building law.
Point 5. Requirements for the physical design the directional lines point 5 specifies how to by good planning and plan design can achieve and ensure safe and healthy upbringing or play environment.
Point 5 a and b specifies the characteristics of the areas that children should be able to use: point 5 a.
Spaces and facilities to be used by children and young people should be secured against pollution, noise, trafikkfare and other health hazards.
Point 5 b.
In the immediate surroundings there are going to areas where children can unfold and create their own play environment. This requires among other things that the areas:-is large enough and is suitable for play and stay-provides opportunities for different types of play on different seasons-can be used by different age groups, and provides opportunities for interaction between children, young people and adults.
Children are the group in the population that uses out areas the most, and for them have great importance to community. Because the child's radius of action is limited availability and is good to atkomstmuligheter areas and facilities for daily physical activity and outdoor activities in the local community is very important. We are thinking here that areas to be reached on foot and or by bike.
The requirements of point 5 a and b is more important and more important after that cities, towns and municipality-and bygdesentra Fort. We know that less children do not have the prerequisites to master the complex traffic situations and that it therefore is very important with traffic secure areas and streets. In particular, care must also be taken when we know that children are especially vulnerable to health damage as a result of air pollution.
The requirements in points 5a and b are General and point only on conditions that should be taken into account and evaluated. They provide, however, guidance on how the requirements can be safeguarded in various types of sites they clarify Requirements still conditions that any disputes, protests, complaints or comments to the plans and individual cases need to be considered on the basis of.
See more in the Theme of children and planning supervisor for the plan and building T-1513 on the Ministry website.
Point 5 c. the municipalities shall accrue sufficient, large enough and suitable area to the nursery.
It is important for the municipality to ensure the areas in line with development, tilflytting and the demographic development in the municipality. Municipal planning work is an arena where such conditions should and should be considered, and areas is accrued. To ensure concurrency, you can use the order provisions.
See more in the Theme of children and planning supervisor for the plan and building T-1513 on the Ministry website.
It should be selected out areas which ensures that kindergarten is an integral part of the community with opportunities for mutual contact, and sambruk with other institutions and private free spaces in the local community, as the proximity to green structure, green, drag, etc. close to the local environment will also be able to contribute to the reduced need for transportation of children to kindergarten.
Point 5 d.
By redeployment of areas such as in the plans are allocated to private land or free site that is in use or is suitable for play, to obtain full compensation. Compensation shall also be obtained by development or redeployment of the unregulated area that children use as a children's play area, or if the redeployment of the area suitable for play leads to the considerations mentioned in point b above, in order to meet the current needs of the future will be or not fulfilled.
Point 5 d if the substitute areas is intended to prevent children's play areas are considered to be reserve areas for development purposes.
A great many of the conflicts in relation to plan kids go just that play areas be taken in use for other purposes. This applies to both natural play areas (Grove, undeveloped plots, loops, etc., where children play and have good utfoldelses opportunities), and areas that are especially regulated to play or outdoor stay. Although children and young people have used a site for generations, they cannot "verges" on it. "Full replacement land" means that the new areas that will be given as compensation, will fill the requirements in points 5a and b.
In point 5 d last sentence it says "or if the reassignment of the areas suitable for play....." The provision that this applies to reassignment of areas that are suitable for play, whether the area is regulated or unregulated.
Point 5 d applies to all sorts of omdisponeringer, IE. both development and omregulering. They also apply regardless of whether the changes occur that significantly or less significant regulatory change, or as an exemption from the current regulation. It is important to clarify this.
Our experience is the chance that the children's and adolescent interests to tilsidesettes especially big in dispensasjons cases and by less significant regulatory changes. In these cases follows a not the same procedure. public disclosure and cooperation with other agencies that by common plans. There are not clear rules for what can be considered a less significant change out from consideration for children and young people.
The guidelines are based on actual use of the space or arealets utility for the play and stay, and not in the formal or reguleringsmessige conditions that apply to the areas. It's usage or usefulness that is relevant to children and young people and not what the space is actually regulated to, if it is regulated or unregulated and who owns what. The requirement of the replacement area will not apply to any area that is suitable for play, but to ensure that such sites will not be taken to development before one has ascertained that the General requirements of the children's play opportunities in points 5a and b can be met , and the manner in which this should happen.
In conflict cases will like to be different views on whether the areas are actually in use or not. Ombudsman has had cases where children and young people claim that they use a lekeareale that is in danger of being regulated to other purposes, while those who are responsible for the regulation argue that the area is not used at all by children and young people.
In this type of cases, it is particularly important, therefore, to map the actual use of the areas. Here the involvement of children and young people be important. (cf. point 4 d). Methods for the monitoring of children and young people's actual use of the areas also regarding use in different seasons, will be useful.
The wording about "future needs" refers to the problem that the number of children in an area varies over time. One can therefore not only pay attention to the children who at any time living in an area, but must also ensure future children's generations ' needs. Proposals for redeployment of the children's play area comes easier in periods with low number of children in a range.
The municipality of plan's assumptions regarding the development pattern should therefore have a long-term perspective on 30-50 years so that such situations be avoided. Requirements for play areas should be asked regardless of the current situation..
A redeployment will be irreversible, and it emphasizes the need for a real review of whether this will be good for both today's and future children's generations.
See more about interaction and child step on the on topic screens children and young people on local government and modernization Department's website and in the theme guide about children and planning for plan and building T-1513 on the Ministry website.
