Zasada ważenia interesów w planowaniu i zagospodarowaniu przestrzennym a zasada proporcjonalności. Glosa do wyroku Naczelnego Sądu Administracyjnego w Warszawie z dnia 11 stycznia 2017 r., II OSK 932/15 – aprobująca

Abstract

Presented glossary to the judgment of the Supreme Administrative Court in Warsaw of 11 January 2017 (II OSK 932/15) is approved and polemic. The position of the Supreme Administrative Court has been divided that the municipal authorities may, in the local spatial development plan they formulate, restrict the rights of the owners in order to fully realize other values which they consider more important. When discussing polemics with the views expressed in the explanatory memorandum, three factors have been identified in this statement, which have determined the outcome of the findings of the local spatial development plan, the requirements of the public interest, and the future rights of third parties. As a consequence, it was recognized that the statutory principle of weighing interests – by referring to the constitutional principle of proportionality – was consistent with the system of application of the law of planning and spatial planning and shaping the correct relationship between the public interest and individual interests.