Cancellation of the zoning plan – a verdict of the Voivodship Administrative Court
The Provincial Administrative Court in Poznań has upheld a complaint filed on behalf of a law firm client against a local zoning plan adopted in 2016 by the City of Wągrowiec.
The disputed property was designated in the local plan for service development, but due to the restrictions on access to a public road specified in the plan, it was impossible to obtain a building permit for the property.
The court agreed with the argument presented in the complaint that the provisions of the local plan cannot make access of a plot to a public road conditional on the construction of a road by the municipality
in the future, while prohibiting the use of another public road adjacent to the plot.
By declaring invalid the provisions of the contested local plan indicated in the complaint, the court allowed the use of the client’s property for construction purposes, in accordance with the designation for service development provided for in this local plan.