Voivode's doubts regarding compliance of an investment project with the local spatial development plan are not sufficient to block it at a late stage – ruled the Supreme Administrative Court.
The case started in 2017 in Wrocław. An investor was building a hotel with a service part. At the final stage of the investment – just before handing it over to use – the voivode initiated the procedure to declare invalidity of the building permit decision. The reason was the issuance of a permit decision for a modified building permit design, comprising, apart from the construction of the hotel, also a service and commercial part. The voivode argued that the investment was inconsistent with the local spatial development plan. Consequence? Immediate suspension of works and losses incurred by the investor who had to pay the contractor and was not able to use the hotel, which exposed the investor to loss of benefits.
Commentary by Joanna Sebzda-Załuska, attorney-at-law and GWW partner, who represents the investor.
The claimant company accused the supervision authorities of, inter alia, violation of the resolution relating to the local spatial development plan by a groundlessly broadened interpretation of the term "tourist service". In her opinion, this resulted in an erroneous assumption that the modifications provided for in the alternative building permit design were compliant with the local spatial development plan, while the correct understanding of the term "tourist service" should lead to the conclusion that there was no possibility to build a general store in the area of the planned investment – describes the problem Joanna Sebzda-Załuska, partner of GWW, supervisor of the investment process practice representing the investor.
The article is available here: https://www.gazetaprawna.pl/firma-i-prawo/artykuly/8223326,nsa-niejasnosci-nalezy-interpretowac-na-korzysc-inwestora.html