Open AccessOchrona przyrody w postępowaniu o ustalenie warunków zabudowy (wybrane aspekty prawnoadministracyjne)
Author(s) -
Bogusława Dobkowska
Publication year - 2020
Publication title -
studia prawnoustrojowe
Language(s) - English
Resource type - Journals
eISSN - 2720-7056
pISSN - 1644-0412
DOI - 10.31648/sp.5187
Subject(s) - conformity , spatial planning , doctrine , environmental law , position (finance) , section (typography) , process (computing) , law , business , institution , political science , environmental planning , law and economics , computer science , sociology , geography , finance , advertising , operating system
The article presents the issues of environmental protection in planning and spatial conservation. For this purpose, appropriate legal regulations will be presented, the case law of administrative courts and views of doctrine will be analyzed. As a preface and the purpose of a deeper familiarization with the problem, the basic issues of planning and spatial planning will be approximated. In the investment process, it is extremely important to verify the decision on building conditions in terms of separate regulations, including those concerning environmental protection. The role of environmental decision can not be undermined in this respect. Also the role and importance of cooperation in the course of the proceedings is not to be undermined. Specialized bodies are obliged to take a position in a section of the administrative case, to which they assess the conformity of the draft decision with separate provisions. It seems that the wise use of the institution of tacit reconciliation by the regional director of environmental protection will not lead to the issuing of illegal decisions in the main proceedings that would violate the rule of law.