On the dominant character of development – the polemic towards the gloss by K. Rokicka-Murszewska to the judgement of the Polish Supreme Administrative Court of February 14, 2019 (case file no. II OSK 626/17)

The author engages in a polemic with the views expressed in the judgement of the Polish Supreme Administrative Court (NSA) of February 14, 2019 (case file no. II OSK 626/17) and the approving gloss by K. Rokicka-Murszewska to this judgement. The subject of the polemics is both the validity of the NSA’s view as to the need to establish the dominant function of the construction on the given territory and the practical capabilities of establishing such a function as part of the analysis of the function and characteristics of the construction and land development carried out over the course of the proceedings for the issuance of land development conditions. In the opinion of the author, the NSA’s view may be effectively used by the municipal authorities to implement their urban planning policy in a manner not compliant with the binding provisions of law.

Keywords: land development and management conditions, decision on land development and management conditions, urban design and planning analysis, good neighborhood principle

The author engages in a polemic with the views expressed in the judgement of the Polish Supreme Administrative Court (NSA) of February 14, 2019 (case file no. II OSK 626/17) and the approving gloss by K. Rokicka-Murszewska to this judgement. The subject of the polemics is both the validity of the NSA’s view as to the need to establish the dominant function of the construction on the given territory and the practical capabilities of establishing such a function as part of the analysis of the function and characteristics of the construction and land development carried out over the course of the proceedings for the issuance of land development conditions. In the opinion of the author, the NSA’s view may be effectively used by the municipal authorities to implement their urban planning policy in a manner not compliant with the binding provisions of law.