Advocate Maciej Obrębski comments on the increasingly widespread practice of municipalities suspending proceedings for the issuance of zoning decisions (in connection with the initiation of local spatial development plans). The planned entry into force of general plans in 2026 has triggered a significant surge in interest in zoning decisions, which municipalities are now trying to manage. However, in his view, such actions—undertaken, for example, by the City of Wrocław—constitute a violation of one of the fundamental principles of administrative proceedings: the principle of public trust in public authorities.
As Advocate Obrębski emphasizes, pursuant to Article 8 of the Code of Administrative Procedure, authorities are obligated to conduct proceedings in a manner that fosters trust among participants, while upholding the principle of equal treatment. Meanwhile, the discretionary approach to issuing zoning decisions, even amid formal suspension of procedures, may result in unequal treatment of applicants. He also points to the constitutional foundation of this principle—Article 32(1) of the Polish Constitution—which mandates equal treatment of legal entities in comparable situations.
Date: 19.03.2025
Author: Renata Krupa-Dąbrowska
Source: Prawo.pl
