On January 16, 2020, the Warsaw City Council adopted a long-awaited resolution regarding the principles and conditions for siting small-scale architectural features, billboards, advertising devices, and fences, commonly known as the Landscape Resolution. Unfortunately, this long-awaited piece of local law could not enter into force because the Mazovian Voivode, in his supervisory decision, declared the resolution invalid in its entirety. In his justification for his decision, the Voivode primarily noted the failure to resubmit the resolution for public review after making changes agreed upon with the Mazovian Voivodeship Conservator of Monuments and taking into account comments received after the initial public review. He also noted substantive errors.
The City of Warsaw appealed the supervisory decision to the Provincial Administrative Court in Warsaw. By judgment of December 8, 2020, the Provincial Administrative Court dismissed the City of Warsaw's complaint (reference number IV SA/Wa 899/20). As we read in the justification of the judgment (available at https://orzeczenia.nsa.gov.pl/doc/132E24D010 ), the city's complaint was inadmissible due to the Provincial Administrative Court in Warsaw agreeing with the Voivode's position regarding a significant violation of the procedure for adopting the landscape resolution. It should be noted that the court did not agree with some of the Voivode's objections relating to the content of the resolution itself.
By its judgment of September 21, 2021, the Supreme Administrative Court dismissed the cassation appeal filed by the Mazovian Voivode against the judgment of the Provincial Administrative Court (reference number II OSK 1005/21). The justification for the judgment has not yet been published.
According to the indication of the Regional Administrative Court in Warsaw, Article 28 section 2 of the Act of 27 March 2003 on spatial planning and development will apply here, according to which the resolution-making procedure should be repeated only to the extent necessary.
This means that now the capital city of Warsaw can return to the process of the landscape resolution, but we will have to wait a little longer for the public space to be tidied up.
This article is for informational purposes only and does not constitute legal advice.
