Cancellation of the plan – judgment of the Voivodship Administrative Court in Poznan
After a hearing, the Provincial Administrative Court in Poznań upheld the complaint filed by the firm and declared the resolution of the Zlotow City Council No. IV/22/07, dated January 30, 2007, to be invalid in its entirety.
The cancellation of the local plan is due to the fact that its are incompatible with applicable laws, contrary to the study of the conditions and directions of spatial development of the municipality and the principles of rational spatial management and spatial order. After receiving a written statement of reasons for the verdict, it will be possible to see which of the complaint’s objections were upheld by the Court. One can already welcome the fact that active legitimacy has been taken into account
The complainant, who has already acquired ownership of the property after the entry into force of the local development plan (Article 101 of the Law on Municipal Self-Government). In this regard, the view of the Supreme Administrative Court expressed in the judgment of July 8, 2014 II OSK 3005/12 was confirmed.
The verdict of the WSA in Poznań is non-binding.