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Planning disputes from the perspective of court rulings on building conditions. A case study of Poland

Author

Listed:
  • Maciej J. Nowak
  • Przemysław Śleszyński
  • Anna Ostrowska
  • Anna Oleńczuk-Paszel
  • Monika Śpiewak-Szyjka
  • Andrei Mitrea

Abstract

Our main aim is to identify the key features of spatial disputes concerning decisions on building conditions that concluded with a court decision. Parties to such planning disputes, directions of court decisions and territorial regularities were all identified. Both the database of administrative rulings of the Supreme Administrative Court (391 judgments in 205 municipalities) and data on local spatial planning documents (2.5 million decisions in 2,477 municipalities in Poland) were used. The results show that the initiators of planning disputes concluded in court are mainly property owners and their neighbours. Courts are more likely to uphold an investor’s complaint.

Suggested Citation

  • Maciej J. Nowak & Przemysław Śleszyński & Anna Ostrowska & Anna Oleńczuk-Paszel & Monika Śpiewak-Szyjka & Andrei Mitrea, 2023. "Planning disputes from the perspective of court rulings on building conditions. A case study of Poland," Planning Practice & Research, Taylor & Francis Journals, vol. 38(3), pages 425-446, May.
    • Handle: RePEc:taf:cpprxx:v:38:y:2023:i:3:p:425-446
    DOI: 10.1080/02697459.2023.2186358
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    Cited by:

    1. Maciej Nowak & Viktoriya Pantyley & Małgorzata Blaszke & Liudmila Fakeyeva & Roman Lozynskyy & Alexandru-Ionut Petrisor, 2023. "Spatial Planning at the National Level: Comparison of Legal and Strategic Instruments in a Case Study of Belarus, Ukraine, and Poland," Land, MDPI, vol. 12(7), pages 1-20, July.

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