Abstract
The local spatial management plan, adopted in Poland at the level of the municipality, is a source of universally binding law, determines the purpose of the area, the distribution of public purpose investments and defines the ways of development and the conditions for land development. The local plan is the basis for issuing the building permit decision on the areas for which its arrangements apply. It directly interferes with the rights vested in entities in real property and property rights. The provisions of the plan, as an act of universally binding law, bind everyone, including all administrative bodies and courts, as well as property owners. When adopting a local spatial management plan, the commune council should be guided by a number of values, including maintaining spatial order, architectural and landscape values, as well as environmental protection requirements. A local plan is an act of local law, therefore it must contain standards defining the specific purpose of each area covered by the regulation in an unambiguous manner, it cannot contain provisions that make land development conditional on subsequent opinions of public administration authorities or allow any entities to individually agree on deviations from the adopted plan. In practice, however, the ambiguity of provisions regarding environmental protection is noticed, in particular in the interpretation of the concept of biologically active land. The work presents how significantly this problem affects the construction investment.
Highlights
In the opinion of many experts, the system that regulates the investment process in Poland is complicated, ambiguous, cumbersome to use and, expensive
Particular problems are notifications in provisions that contain definitions of terms used in legal acts, which results in a series of interpretations, sometimes diametrically opposed
The descriptive part of the land development project really shows that the investment plot is made up of plots with the "No 532/1 - 532/5." This circumstance has escaped the attention of the bodies checking the compliance of the project with applicable law, in particular with § 8 Paragraph 3 point 2 of the Ordinance of the Minister of Infrastructure of 3 July 2003 on the detailed scope and form of a construction design (Journal of Laws No 120, item 1133, as amended) This failure in itself constitutes a sufficient basis for the annulment of the contested decisions due to the violation of the provisions of the proceedings, in particular Articles 7 and 77 § 1 of the Administrative Code
Summary
In the opinion of many experts, the system that regulates the investment process in Poland is complicated, ambiguous, cumbersome to use and, expensive. First and foremost, it is necessary to introduce a coherent language that is used by legal acts. In this respect, one of the most important regulations and harmonization that should be carried out in Poland is the need to improve environmental procedures, the aim of which should be to eliminate investments that may harm the environment already at the stage of building permit or construction notification. Particular problems are notifications in provisions that contain definitions of terms used in legal acts, which results in a series of interpretations, sometimes diametrically opposed. An serious issue is the inconsistency of the definitions of urban and architectural concepts contained in individual acts of law
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