Glosa do wyroku NSA z 14 lutego 2019 r., II OSK 626/17 (aprobująca)

Abstract

Gloss to the Supreme Administrative Court of Poland judgment of February 14, 2019 – case file no. II OSK 626/17 The author analyzes crucial problems identified by the Supreme Administrative Court of Poland in the judgment of February 14, 2019 – case file no. II OSK 626/17 concerning the application in practice of the principle of good neighborhood, referred to in Article 61(1)(1) of the Act on Spatial Planning and Development. It should be noted that although the existing buildings determine the manner in which the conditions of a new investment are specified (due to the necessity of existence of “at least one neighboring plot”), various functions may co-exist within the framework of the existing and future developments, provided that they can be mutually reconciled. The purpose of the gloss is to demonstrate the appropriateness of the decision of the Court, which concluded that the existing housing development will have a negative impact on the residents of the new single-family housing estate due to the conflicting functions of the sites. In this respect, the reviewed judgment constitutes a certain attempt to prevent the so-called single-unit urbanism.