SPCG Law Firm successfully represented the Client in proceedings before the Provincial Administrative Court (WSA) in Kraków regarding a local spatial development plan.
The case concerned significant restrictions introduced in the local plan with respect to the Client's real estate, including designating a portion of the land as a site reserve for a potential infrastructure investment following the refusal of alignment by the President of the Railway Transport Office (UTK). As a result of introducing this reserve into the local plan, the Client's development opportunities were significantly restricted, affecting not only the portion of the property directly subject to the reserve, but also impacting the development potential of the remaining land and significantly lowering its value.
In the course of the proceedings, we raised allegations regarding, among other things, procedural violations in the planning process, basing planning decisions on a flawed position of a cooperating authority, and disproportionate interference with the Applicant's property rights.
The WSA in Kraków granted the complaint, sharing the arguments presented on behalf of the Client by SPCG. The Court accepted the Firm's position regarding the President of the UTK exceeding their competence, as well as the admissibility and justification of reviewing the legality of the President of the UTK's decision in the course of proceedings initiated by the Client's complaint, despite the fact that it was not challenged by the municipality during the planning procedure.
The ruling is of major importance for the practice of disputes regarding the limits of municipal planning authority and judicial review of decisions made during local plan adoption procedures, including the scope of review relating to resolutions issued by cooperating authorities.
The case is handled by the SPCG team comprising: Piotr Kamiński, Łukasz Przyborowski PhD, Jakub Puciato, and Ziemowit Syta.