Monitor Prawniczy

no. 1/2015

The practice of adopting a new local zoning plan with the concurrent change of the spatial development study and the impact of invalidity of a local zoning plan on building permits issued thereunder

Jan Wszołek
Abstract

The article discusses planning issues – the practice of concurrent adoption of a spatial development study and a local zoning plan. In current case law such simplification and acceleration of planning procedures has been disapproved and considered to be at variance with the principles of adopting local zoning plans potentially leading to its annulment. Forther on potential negative consequences of this practice are discussed – among other things a controversial issue of the possibility to challenge a building permit issued on the basis of a local zoning plan which has been found invalid.