Development conditions – hearing before the WSA
A hearing was held today before the Provincial Administrative Court in a case involving a complaint by the firm’s clients against the decision of the Local Government Board of Appeals upholding the Mayor’s decision on zoning and land use conditions for a development project involving the construction of multi-family buildings.
The voluminous complaint raised many formal and substantive allegations. In particular, the firm’s lawyers are challenging the arbitrary manner in which the analysis area was delineated, the incorrect determination of the continuation of the building line, and the wrongful adoption of the continuation of the functions and features of the planned development, which blatantly deviates from the single-family developments located in the immediate vicinity. The complaint also challenges the investor’s provision of land development (Article 61, paragraph 1, item. 3 of the Law of March 27, 2003 on Planning and Spatial Development), since the preliminary agreement submitted by the investor with the wastewater recipient expired two weeks after the issuance of the
zoning decision, which, according to the law firm, makes the provision of utilities illusory. In the formal sphere, the complaint also alleges that the annexes to the decision were incorrect in that the maps constituting the graphic annexes did not comply with the provisions of the Ordinance of the Minister of Infrastructure of August 26, 2003 on the manner of determining the requirements for new development and land use in the absence of a local zoning plan, namely that they were not at the appropriate scale (1:500 or 1:1000). The verdict will be announced next week.