Bevarandevärt i domstolsprövning – plan- och bygglagens egentliga skydd ur bebyggelseantikvarisk synvinkel

Abstract

This essay has studied appeals of the provincial government about building permits concerning a few specific paragraphs of the Swedish plan- and construction law. The studied paragraphs relate to the integrated conservation field, with a perspective of preservation. The essay has studied how the paragraphs cope in judicial review. 92 court cases have been examined, and the results show that buildings from the 1800’s are valued as having a higher preservation worth. Buildings from the 1960’s and later, are, according to the cases studied, not considered worth preserving. The most commonly occurring appealed matters on a national scale are changes to the façade and balconies. The most unfavorable action against cultural historical values is building permits regarding additions to buildings. Provisions of protection in plan layouts were not common in the studied cases, which is why one can assume that the restrictions given are considered clear and not worth challenging. The strongest protection in percentage is programs for preservation, even though they are not legally binding documents. The most stunning result is the inconsistent rulings; in similar cases rulings for both preservation and destruction can be found. The key to success for the cultural values seems to be in how well the programs for preservation manage to specify and define the values, and ties them to the perceived material qualities in the building. The outcome of an appeal appeal will likely be determined by how well either side motivates their cause. Therefore it is of grave importance that people working in the integrated conservation field motivate as much as possible, rather than stating different types of values as is done with Axel Unnerbäcks evaluation model for valuing culturally important buildings. Legal precedent in court cases is an uncertain utility, and it is extremely difficult to search for court cases. Maintenance of the buildings is an easy way to avoid big changes and decay of buildings. For cultural historical values to overturn previously lost cases in future appeals there must be a consistent approach towards the programs, as well as towards the experts in the field of integrated conservation. Today the programs and competence are unevenly valued in different parts of the country this creates an inconsistency in the court rulings.