Skarga według art. 101 ustawy o samorządzie gminnym instrumentem ochrony interesów właściciela gruntów w procedurze planowania miejscowego

Abstract

Community self–reliance, which is guaranteed in article 165 of the Polish Constitution of 2 April 1997, does not preclude judicial review in relation to the resolutions of the municipal council, which is made in relation to the determination of land use and ways of its development in the zoning plan. The possibility of such control gives the complaint, which must be filed under article 110 of the Act of the Local Government of 8 March 1990. This raises the question of whether any property owner may bring an action on a resolution of the municipal council, taken in connection with the fixing of land use. At issue is primarily a possibility effectively to challenge a resolution on the study of conditions and directions of spatial management. Besides, it was necessary to draw attention to the possibility of using an application as a tool for land owners that are not covered by the boundariesdrawnup and enacted local plans. Also pointed to the problem of complaints by the successors of property owners who have acquired ownership of the entry into force of the resolution of the municipal council.