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Decision on land development and land use conditions as an instrument of space shaping

Piotr Szulc

Abstract

Spatial planning and development should aim to eliminate potential spatial conflicts. However, when adopting the norms of substantive administrative law, the legislator is not always able to determine the content of the legal interests of individuals to the extent that they are fully satisfied. Many representatives of the doctrine take the view that it is the institution of a decision on development conditions – on which this article is focused – that constitutes a crucial issue of spatial planning and more often impairs spatial order rather than enabling its rational shaping. However, the view of the majority of representatives of the doctrine according to which decisions on development conditions are the root of all evil seems incorrect. The article addresses research problems that are important from the theoretical and practical point of view, such as the legal nature of a decision on development conditions, the issue of decrease or increase in the value of real property in connection with the issuance of decision on development conditions and the issue of compensation related to the increase in value, as well as the so-called planning expropriation, i.e. the situation of actually depriving the real property owner of the possibility to use the real property in an economically justified manner as a result of the conditions of use of the real property being determined in a decision on development conditions. The article also addresses comparative law research covering the English spatial planning system.
Record ID
UAM600e39b30c924938aa33745bed66df32
Diploma type
Doctor of Philosophy
Author
Title in Polish
Decyzja o warunkach zabudowy i zagospodarowania terenu jako instrument kształtowania przestrzeni
Title in English
Decision on land development and land use conditions as an instrument of space shaping
Language
pol (pl) Polish
Certifying Unit
Wydział Prawa i Administracji [nowa struktura organizacyjna] (SNs/WPriAd)
Scientific discipline (2.0)
5.7 law
Status
Finished
Year of creation
2021
Defense Date
26-10-2021
Title date
26-10-2021
Supervisor
Pages
199
URL
https://hdl.handle.net/10593/26445 Opening in a new tab
Keywords in English
decision on development conditions; planning expropriation; planning fee; legal defects of a decision on development conditions
Abstract in English
Spatial planning and development should aim to eliminate potential spatial conflicts. However, when adopting the norms of substantive administrative law, the legislator is not always able to determine the content of the legal interests of individuals to the extent that they are fully satisfied. Many representatives of the doctrine take the view that it is the institution of a decision on development conditions – on which this article is focused – that constitutes a crucial issue of spatial planning and more often impairs spatial order rather than enabling its rational shaping. However, the view of the majority of representatives of the doctrine according to which decisions on development conditions are the root of all evil seems incorrect. The article addresses research problems that are important from the theoretical and practical point of view, such as the legal nature of a decision on development conditions, the issue of decrease or increase in the value of real property in connection with the issuance of decision on development conditions and the issue of compensation related to the increase in value, as well as the so-called planning expropriation, i.e. the situation of actually depriving the real property owner of the possibility to use the real property in an economically justified manner as a result of the conditions of use of the real property being determined in a decision on development conditions. The article also addresses comparative law research covering the English spatial planning system.

Uniform Resource Identifier
https://researchportal.amu.edu.pl/info/phd/UAM600e39b30c924938aa33745bed66df32/
URN
urn:amu-prod:UAM600e39b30c924938aa33745bed66df32

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