The Lubelski Voivode has invalidated the general plan for Łabunie commune due to procedural flaws and improper zoning decisions.
Invalidation of the General Plan
This time, the Lubelski Voivode decided to invalidate in full resolution no. XVI/89/2025 of the Łabunie Commune Council of November 26, 2025, regarding the adoption of the general plan for the Łabunie commune. In the supervisory decision, the voivode raised objections not only to the determination of individual planning zones, but also to the procedure for preparing the general plan, specifically the manner in which public consultations were conducted.
Without Proper Public Consultations, There Is No General Plan
The voivode reminded that in accordance with Article 8k(2) of the Spatial Planning and Land Use Management Act (current as of Journal of Laws of 2024, item 1130, as amended, hereinafter: the Act), before submitting a draft spatial planning act (including a draft general plan) to the commune council, a report summarizing the course of public consultations is prepared. It contains in particular a list of submitted objections along with a proposal for their consideration and justification.
In the case of Łabunie commune, consultations lasted from September 2 to September 30, 2025. During this time, 86 objections were submitted. Most of them were rejected in whole or in part. Two objections (no. 70-71) were submitted on September 25, 2025, and then withdrawn on September 30, 2025. However, on the same day, the same persons submitted a new objection (no. 85), which partially repeated the content of the withdrawn ones.
Handling of Public Objections
‘For position 85, it was marked that the objection was not taken into account and the following justification was placed: ‘Points 1 and 2 – the submitted objections are inadmissible because they were withdrawn by other objections submitted by the owners of these plots (pos. in the list of objections 70,71), Points 3 and 4 – Taking into account the objections regarding the classification of parts of plots into the SJ zone (multifunctional with single-family residential development) is impossible because their implementation would increase the density of residential areas’ – the voivode reported. According to the supervisory authority, the mayor should not have referred to points 1 and 2 of objection no. 85, which coincided with the withdrawn objections no. 70-71.
‘The withdrawal of objections from September 25 and 26, 2025 (positions 70 and 71) should not have affected the lack of consideration of the new objection submitted on September 30, 2025 (position 85). Objection no. 85 should have been considered in its entirety and the fact that the submitter submitted an objection of identical content to the previously withdrawn one does not justify inaction regarding it. The planning authority should have taken a position on the full content of the objection and clearly decided whether the general plan draft meets the expectations of stakeholders or whether this objection remains unaddressed’ – indicated the voivode.
Issues with Residential Zones
The voivode also accused the commune of improperly expanding areas allowing for residential development. This concerns the famous Article 13d(1) of the Act, which states that multifunctional zones with residential or farmstead development are to be designated primarily in areas for which such designation has been specified in applicable local plans, development areas, and areas with existing residential development, excluding gaps in this development. If the sum of the capacity of undeveloped areas exceeds 130% of the demand for new residential development – which is the case in Łabunie commune – the municipality cannot designate additional areas for residential development.
‘After conducting a detailed analysis, it must be stated that multifunctional zones with single-family housing with symbols: 7SJ, 40SJ, 68SJ, 83SJ, 108SJ, 138SJ, 178SJ, 236SJ, 244SJ, 254SJ, 258SJ, 259SJ and multifunctional zones with farmstead development with symbols: 13SZ, 73SZ, 82SZ, 105SZ, 155SZ, 178SZ, 315SZ – do not meet the requirements and principles for designating planning zones with single-family and farmstead housing development’ – stated the voivode.
