Compliance of waste management investments with the local development plan

Abstract

A procedural element at the stage of issuing a decision on environmental conditions is the analysis of the compliance of the project's location with the provisions of the local development plan. This aspect becomes particularly important because it may determine the admissibility of running a business. Therefore, in this case, it is important to properly interpret the provisions of the local development plan in the context of allowing investments in waste management. The dominant view in the jurisprudence of administrative courts is that waste management may take place not only in areas designated for this purpose in the local plan, but also in areas that do not exclude it. This view is supported primarily by the protection of individual interest in spatial planning and development, which is realized in the implementation of freedom of economic activity.