The building permit for Stobnica Castle stands

The building permit for Stobnica Castle stands

On 30 November 2020, the Governor of the Wielkopolska Voivodeship, having examined the opposition of the Regional Prosecutor in Poznań and the motion of the Regional Director of Environmental Protection decided that there are no grounds to annul the decision of the Oborniki Starost approving the building permit design and granting a permit to implement the project in Stobnica.

In an extensive justification of the decision, the Governor shared the arguments raised by the Firm on behalf of our Client.

The case for declaring the building permit invalid is connected with the earlier case concerning the resumption of the proceedings conducted by the Regional Director of Environmental Protection in Poznań. It should be recalled that on 11 March 2020, the Voivodship Administrative Court in Warsaw issued a judgment granting a complaint filed by the Law Firm on behalf of our Client against the decision of the General Director of Environmental Protection in Warsaw of 31 July 2019, which upheld the decision of the Regional Director of Environmental Protection in Poznań of 26 April 2019, which in turn repealed the final decision of the Regional Director of Environmental Protection of 6 May 2015 setting forth the conditions for carrying out the works and objection to the execution of the project consisting in the construction of a multi-family building and a utility building together with elements of technical infrastructure on the plots located in Stobnica, Oborniki commune.

The grounds for the decision of the Governor of Wielkopolskie Voivodship of 30 November 2020 stated, among other things: “The development area of the multi-family building in question and the accompanying utility building (…) does not exceed the development area indicated in the aforementioned provision [as below], which would classify the investment as a project potentially affecting the environment on the basis of § 3 section 1 point 53(a) first indent of the Regulation of 9 November 2010. Therefore, it is not possible to agree with the position of the Regional Director of Environmental Protection in Poznań that the decision of the Oborniki Starost was issued in gross violation of the law of the aforementioned provision. In addition, it should be clarified that the development by the investor of extensive building site facilities and thus an increase in the transformed area at the stage of the investment does not result in the annulment of the decision granting the building permit”.

The case is being conducted by attorney Krzysztof Topolewski, attorney Aneta Fornalik and attorney Aleksandra Urbanowska-Bohun.

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