On August 23 the Local Government Board of Appeals in Poznań, as a result of an appeal prepared and filed by lawyers of the administrative law team of Babiaczyk Skrocki and Partners, overruled in its entirety the earlier decision of the Mayor of Poznań refusing to change the previously issued final decision establishing the conditions of land development and at the same time changed the decision in the manner requested by the Law Firm on behalf of the Client.
The land development conditions decision in question concerns an investment involving the construction of a warehouse and service complex comprising buildings with accompanying infrastructure. The decision, in its original content, imposed on the Law Firm’s Client a number of obligations related to the construction and reconstruction of public roads, access to which is provided on the plot covered by the planned investment. The Law Firm, on behalf of the Client, applied for an amendment to the decision in this regard, which was refused by the Mayor of Poznań. In the appeal, the Law Firm’s lawyers pointed out, in particular, that on the basis of the law on spatial planning and development and the law on public roads, the decision on the conditions of development and land use has a planning character and cannot oblige the investor to make expenditures on the construction, reconstruction or modernization of public transport infrastructure. There is no legal basis for imposing on the investor of a so-called non-road investment the financing of expenditures on road infrastructure, with particular reference to the fact that such decisions should be included in the zoning decision.
The decision of the Local Government Board of Appeals upholds the appeal in its entirety and resolves the case on its merits in accordance with the Law Firm’s Client’s request, which will reduce the cost of the investment by several hundred thousand zlotys.