The construction of domestic wastewater treatment plant in according to selected provisions of local spatial development plans and the judgments of administrative courts
Journal Title: Acta Scientarum Polonorum Administratio Locorum - Year 2018, Vol 17, Issue 1
Abstract
The paper presents the legal aspects of the construction of hausehold sewage disposal works, mostly based on the provisions of territorial land use planning, also considering the construction process. The authors lay emphasis on administrative courts’ rulings, issued as a result of ongoing administrative proceedings regarding construction permits’ issuance, as well as administrative proceedings pending after the administration’s objection to the notification of the household sewage disposal works’ construction. Administrative courts – within the scope of the conducted audit – evaluated the provisions of the territorial land use planning in the context of the admissibility of the household sewage disposal works’ construciton. Any restrictions on the household sewage disposal works’ construction are an exception to the principle of inviolability of the ownership right and should therefore be specifically justified. In this case, economic reasons are clearly insufficient and thus any prohibition considering this matter should be consistent with the constitutional principle of proportionality.
Authors and Affiliations
Bartosz Jawecki, Marcin Sobota, Katarzyna Pawęska
Keywords
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