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News
14.10.2024
Cracow City Council Resolution no. VIII/164/24 establishing a protected area of “Zakrzówek – eastern enclave” was rendered invalid in full by virtue of Lesser Poland Voivod’s Executive Decision no. WN-II.4130.64.425.2024 of 03 October 2024.
Thus, the Voivod shared the argument presented by a team act legal Poland attorneys (Michał Wielhorski| Managing Partner; Marek Miszkiel| Partner; Michał Sołtyszewski| Partner; Justyna Kochanowska| Senior Lawyer; Joanna Szymanowska| Senior Lawyer) who represented our Client in the case. The protected area of Zakrzówek, which was established in violation of law, would frustrate a multifamily housing project otherwise authorised by the zoning plan applicable for the area.
When passing its Resolution, the Cracow City Council relied on invalid environmental stock-taking reports, some of which did not cover the Zakrzówek area while ignoring current expert evaluations commissioned by owners of the land located within the so-called eastern enclave, including evaluations drafted in 2024. According to these expert opinions, the site under consideration is not a habitat for any protected species, the presence of which would justify protection of the area concerned.
However, it was not the only argument for rendering the Resolution invalid. The full text of the Voivod’s Executive Decision is provided in the Journal of Laws for Lesser Poland Voivodeship of 3 October 2024, item 6132.
The Voivod’s Executive Decision is beneficial not only for our Client but also for Cracow City as it eliminates possible risk of claims related with the existence of a defective local law which would significantly restrict the use of the property concerned.
The Cracow City Council case of passing a local law which establishes a protected site on the area intended for residential development in accordance with a local zoning plan is not an isolated case. For this reason, it is so important that due diligence is not limited to a verification of zoning arrangements or zoning decision for a property in question. It is vital to take account of other valid regulations which restrict the development.
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