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Planning Practice & Research Volume 38, 2023 - Issue 3: Planning Reform and Heritage Governance edited by Loes Veldpaus
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Research Articles

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

Maciej J. Nowaka Department of Real Estate, Faculty of Economics, West Pomeranian University of Technology in Szczecin, Szczecin, PolandCorrespondence[email protected]
ORCID Iconhttps://orcid.org/0000-0001-8149-8995
ORCID Icon,
Przemysław Śleszyńskib Institute of Geography and Spatial Organization, Polish Academy of Sciences, Warsaw, PolandORCID Iconhttps://orcid.org/0000-0002-1369-6129
ORCID Icon,
Anna Ostrowskac Chair of Administrative Law and Administration Science, Faculty of Law and Administration, Maria Curie-Skłodowska University, Lublin, PolandORCID Iconhttps://orcid.org/0000-0003-0058-5814
ORCID Icon,
Anna Oleńczuk-Paszela Department of Real Estate, Faculty of Economics, West Pomeranian University of Technology in Szczecin, Szczecin, Poland
,
Monika Śpiewak-Szyjkaa Department of Real Estate, Faculty of Economics, West Pomeranian University of Technology in Szczecin, Szczecin, Poland
&
Andrei Mitread Department of Urban Planning and Territorial Development, School of Urban Planning, “Ion Mincu” University of Architecture and Urban Planning, Bucharest, RomaniaORCID Iconhttps://orcid.org/0000-0002-7137-8647
ORCID Icon
Pages 425-446 | Received 28 Nov 2022, Accepted 20 Feb 2023, Published online: 06 Mar 2023
 
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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.

Disclosure statement

No potential conflict of interest was reported by the author(s).

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