Polish Supreme Administrative Court clarifies that partial invalidation of local zoning plans may permit decisions on development conditions.
Legal Framework
The situation arises when a local spatial development plan replaces an older plan in a specific area, and then this new planning act is partially invalidated.
Status of Invalidated Areas
This creates practical uncertainty about the status of the invalidated portion: whether the old plan would resume application or if neither plan would remain in effect.
Property Rights Implications
When neither the previous nor current plan applies, property owners in the affected area may request decisions on development conditions (WZ).
Mayoral Authority Question
The core issue is whether a mayor (wójt) will issue development conditions decisions when a local plan has been invalidated in part.
