Planning Powers of a Municipality vs. Specifying the Method and Conditions of Developing Land

Abstract

This article addresses the municipality’s planning powers, which are not unlimited and should not be understood as full freedom of the municipality to specify the intended purpose of land and the rules of its development. This is because the lawmakers did not leave the decision on the intended purpose of land and the conditions for its development to the exclusive competence of the municipal authorities, but gave other bodies of public administration powers in this respect. Furthermore, when making decisions within the framework of the planning powers, the municipal authorities have been obliged by the lawmakers to cooperate with other authorities. An analysis of the normative solutions regarding location decisions also suggests that, when making such decisions, municipal authorities do not essentially have planning freedom, but act solely within the discretionary powers specified by the lawmakers.