W sprawie zaskarżalności studium uwarunkowań i kierunków zagospodarowania przestrzennego gminy

Abstract

Every local municipality must draft and its council enact the study of the land use conditions and directions, what is considered as the first step for the drafting and enacting of the local development plan. What more, the above stadium is binding for the future local development plan. The last one is the general binding local law and may be controlled by the administrative court. However the stadium must not be considered as the local law, it has the form of the resolution of the local municipality council referring to the public administration. In consequence the above study (however indirectly) may determine the legal position of the landowner, what gives him the right to sue the study to the administrative court.