Acta Iuris Stetinensis (Jan 2023)
Przyczyny niskiej trwałości podejmowanych uchwał krajobrazowych
Abstract
The subject of the following article is an analysis of the reasons for the low sustainability of so-called landscape resolutions. A landscape resolution is a new tool for landscape protection, introduced into the legal order in September 2015 by an act amending certain acts in connection with the strengthening of landscape protection tools. It can be adopted by the municipal council on the basis of 37a of the Acts of Parliament, which includes the authorization to determine, by way of a resolution — constituting an act of local law — the principles and conditions for the location of small architectural objects, billboards and advertising devices and fences, as well as their dimensions, quality standards and types of construction materials of which they can be made. Landscape resolutions adopted to date are very often the subject of supervisory and administrative court reviews, as a result of which about 25% of all adopted resolutions have been invalidated. The main grounds for invalidating landscape resolutions are doubts about the scope of normalization of the resolutions and the issue of the lack of compensation mechanisms in the case of violations of property rights by landscape resolutions. The article analyzes the aforementioned premises and evaluates the existing case law on landscape resolutions. As a result of the research, it was shown what the key reasons for the low sustainability of landscape resolutions are. This article was developed on the basis of the current legal regulations contained in the Law on Spatial Planning and Development, particularly in its Article 37a. In doing so, the existing body of literature and case law was used.
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