Grounds for VAC’s judgment on the construction of Stobnica Castle

Grounds for VAC’s judgment on the construction of Stobnica Castle

On 11 March 2020, the Voivodship Administrative Court in Warsaw issued a judgment which upheld the complaint filed by the Law Firm on behalf of D.J.T. against the decision of the General Director of Environmental Protection in Warsaw (GDOŚ) of 31 July 2019, which upheld the decision of the Regional Director of Environmental Protection in Poznań (RDOŚ) of 26 April 2019, which, in turn, repealed the final decision of RDOŚ of May 6, 2015 laying down the conditions for carrying out the works and objection was raised against the execution of the project consisting in the construction of a multi-family building and a farm building with elements of technical infrastructure on the plots located in Stobnica, Oborniki commune.

We have already informed our Client about obtaining the decision that is used for our client. Supplementing this information, below we point out the arguments of the Voivodship Administrative Court in Warsaw included in the written grounds for the judgment. In it we read:

“The plea of infringement of Article 145 § 1 clause 5 of the Code of Administrative Procedure by misinterpreting it and erroneously assuming that there were grounds for resuming the proceedings in the case was legitimate. According to this provision, in a case which ends with a final decision, the proceedings are resumed if new facts or new evidence that existed on the date of the decision, unknown to the authority that issued the decision, come to light. Both the authority of the first instance and the authority of the second instance deemed the grounds for resumption of the proceedings to be the fact that the actual area transformed for the purposes of the project in question differs from the area previously declared – at the stage of submitting the application – by the investor and exceeds the area of 2 ha, and as a result should be classified as projects which may potentially significantly affect the environment. (…).

The administrative authorities directly indicated that the reason for the resumption of ex officio proceedings concerning the final decision of 6 May 2015 was the discovery, in the course of the execution of the project in question, of the fact that the actual area transformed for the purpose of the project in question deviates from the one declared earlier by the investor and exceeds 2 ha.

Such a circumstance did not exist at the time of issuing the decision and therefore could not constitute a premise for resumption of the proceedings under Article 145 § 1 clause 5 of the Code of Administrative Procedure.”

The above excerpt from the grounds amounts to sharing the arguments put forward in the complaint.

The investor in the dispute with public administration bodies and at the stage of administrative court proceedings was represented by: attorney Krzysztof Topolewski, attorney Aleksandra Urbanowska-Bohun and attorney Aneta Fornalik.

The judgment of the Voivodship Administrative Court in Warsaw is not final and is subject to appeal.

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