Supreme Court held zoning approval coordination applies to decisions regarding works damaging heritage surroundings, not just the heritage itself.
Legislator summary
AI generatedThe Supreme Court set aside a lower court decision that limited the requirement for heritage conservation officer coordination to decisions directly concerning registered heritage sites. The court found that the General Conservator correctly applied the law by refusing approval for a building addition that would negatively impact the architectural setting of an adjacent protected palace. Consequently, the court ruled that the statutory obligation to coordinate zoning decisions extends to any project potentially damaging the environment of a heritage site, regardless of whether the project site itself is listed.
Legislator headnote
AI generatedArt. 40 ust. 4 pkt 4 ustawy o zagospodarowaniu przestrzennym; art. 27 ust. 3 ustawy o ochronie dóbr kultury: The obligation to coordinate zoning decisions with the heritage conservator applies not only to decisions concerning heritage sites themselves but also to decisions regarding works that may damage the surroundings of such sites.