Przegląd Prawa Rolnego, 2011 Nr 2 (9)

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Granice władztwa planistycznego gminy w wybranych orzeczeniach sądów administracyjnych
(WYDAWNICTWO NAUKOWE UNIWERSYTETU IM. ADAMA MICKIEWICZA, POZNAŃ, 2011) ZIELIŃSKI, ANDRZEJ
This paper is devoted to the boundaries for the planning control solely in the procedure of passing the local spatial development plan. The author discusses the authority of the court to control the planning competence of the commune and considers objections suggesting infringement of boundaries for planning control by the commune. Spatial planning requires a balance of interests – public (including those of local communities) and individual. From the legal point of view these plan stipulations prove defective, which infringe the law, as well as those which are a consequence of abuse of competences attributed to the commune (planning control). It may hardly be expected from commune councils to manage interpretation ambiguities. For this reason it may be and it needs to be expected from the administrative legislature, ex lege guarding the law, to provide rational and practical application and interpretation of law in terms of planning, which would meet social needs.