Planning uncertainty – threats and challenges

Brak

Abstract

The subject of this study is to examine the issue of spatial planning and development from the perspective of one of the fundamental emanations of the rule of law – the principle of loyalty. The reference point is, on the one hand, relative legal stability and the protection of legitimately acquired rights, and on the other, the public interest manifested in the continuity of public-purpose investments. The analysis addresses several issues: first, the principle of property rights protection; second, the decomposition of planning acts through new, specific local law acts that weaken the primary importance of the local plan. And finally, third, the planning reform of 2023, the implementation of which, especially in its initial terms, threatened and continues to threaten the emergence of, among other things, the so-called planning gap. The study will argue that planning variability, functionally embedded in spatial development law, must not lead to uncertainty and a lack of stability in legal relations.