Wpływ ostatecznego stwierdzenia nieważności warunków zabudowy z powodu ich ustalenia z rażącym naruszeniem prawa na obowiązywanie decyzji o udzieleniu pozwolenia na budowę
The impact of the definitive declaration of invalidity of the land development conditions due to their determination with a flagrant violation of law on the validity of the building permit decision

Summary/Abstract: The article, entitled “The impact of the definitive declaration of invalidity of the land development conditions due to their determination with a flagrant violation of law on the validity of the building permit decision” presents the principles and the procedure to be followed in determining the decision to grant the building permit in the situation when the land development conditions were declared as invalid. The issues discussed in the study are of the utmost importance both from the legal and practical point of view. As for the former, it must be pointed out that the conclusions of the study are not limited to the subject discussed herein, but concern any situations in which the previous decision, on the basis of which the subsequent dependent decision was issued, was declared invalid. The practical merit of the study results from the fact that, from the point of view of the principles of a democratic state of law, one cannot overlook the importance of sustainability of an administrative decision regarding an investment process, since it is not limited only to the impact on the situation of the recipient of such a decision – be it legal or economic. The article successively discusses issues concerning the proper procedure to be followed in determining the decision to grant the building permit in the situation when the land development conditions were declared as invalid, the prerequisites which should be examined in the course of such initiated procedure and finally the circumstances which, in a specific case, will constitute the basis for the assessment of the validity of a factual decision with a specific content.

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