Famous building self -cleaneous. The voivode recognized the validity of the building permit for the castle in Stobnica

Wielkopolska Voivode Agata Sobczyk refused to annul the building permit in Stobnica (Obornicki poviat) on Wednesday. In 2020, the prosecutor's office applied to set aside the decision on the emerging object. The case finally went to the Supreme Administrative Court, which this year recognized the validity of the building permit.

The object stylized as a medieval castle is several dozen meters high.

The construction of the facility in Stobnica is carried out in Natura 2000. The investor is the Poznań company DJT on the investment became loud in the summer of 2018. Then the CBA began examining the correctness of issued decisions in connection with its implementation. In August 2018, the Minister of the Environment ordered the General Director of Environmental Protection (GDOŚ) to initiate urgent control of the process of issuing a decision on construction. The case was also referred to the prosecutor's office.

In July 2020, the Poznań prosecutor's office and the Regional Directorate for Environmental Protection in Poznań (RDOŚ) applied to the Wielkopolska Voivode for annulment of the building permit The castle issued by the Obornicki staroste in 2015. At the end of November 2020, the then voivode of Wielkopolska Łukasz Mikołajczyk recognized the validity of consent for construction in Stobnica. Ultimately, after this year's judgment of the Supreme Administrative Court, the case again went to the voivode.

On Wednesday, Wielkopolska Voivode Agata Sobczyk issued a decision in which she refused to annul the building permit Castle in Stobnica issued by the staroste of Obornicki on May 20, 2015.

Press spokeswoman of the voivode Nina Swarcewicz in the information provided PAP emphasized that, according to the provisions, the voivode in this case is bound by a final judgment of the Supreme Administrative Court.

A similar argument was found in the justification of the voivode's decision, with whom PAP read. “The public administration body is obliged to proceed according to the administrative court's recommendations to decide as to its essence,” – he was pointed out in the letter. In the justification, the voivode discussed in detail why the individual allegations presented in opposition by the prosecutor's office were dismissed. It was on the matter of designers' rights to build bridges within the investment, the building height and compliance of the project with the current local spatial development plan.

The justification of the decision also indicated that the area of the building did not exceed – in accordance with the provisions in force during its issue – an area of 2 ha, which means that it did not require the investor to obtain environmental consent. As added, the fact that during the implementation of the investment the area temporarily transformed, e.g. for the needs of the construction facilities, was greater than the assumed limit, is not assessed in the invalidity proceedings in which the legal status of a given project is examined, not its actual implementation.

“The allegations indicated by the District Prosecutor in Poznań, as well as RDOŚ in Poznań, due to their duplication in complaints, were the subject of consideration of the Provincial Administrative Court and the Supreme Administrative Court. By recognizing the measures of the appeal, both the Provincial Administrative Court and the Supreme Administrative Court had no doubt that they did not deserve to be taken into account, especially in terms of compliance of the investment with environmental provisions (…) local ” – statement was stated.

In conclusion, it was also emphasized that the building permit decision was not issued in gross violation of the law, and the investment did not require a decision on environmental conditions.

The voivode issued a decision in connection with the March judgment of the Supreme Administrative Court regarding one of the threads of the so -called Castle in Stobnica. The Supreme Administrative Court dismissed cassation complaints lodged with the judgment of the Provincial Administrative Court in Warsaw (WSA), which in turn in 2022 annulled the decision of the Chief Inspector of Building Supervision (GINB) of 2021 an annulment of the decision to build the so -called castle.

In August 2018, the Minister of the Environment ordered GDOŚ to initiate urgent control of the process of issuing a consent to the construction of the castle. At the end of April 2019, the Regional Directorate for Environmental Protection in Poznań annulled its decision of May 2015 determining the conditions for conducting works for investments in Stobnica and raised an objection to its implementation.

In 2015, RDOŚ decided that the investment would not negatively affect the environment, but in 2019, the management officials decided that during the implementation of the investment, the area transformed for the needs of the project increased from the investor, previously declared about 1.7 ha to over 2 ha, and thus required a decision on environmental conditions.

In mid -July 2020, in connection with the investment, seven people were detained and charged to the officials and representatives of the company building the facility in Stobnica. According to the Poznań prosecutor's office, the building permit was issued despite the non-compliance of the construction project with the local spatial development plan, with technical and construction regulations, and despite the lack of opinions required by the construction law, arrangements, permits and checks.

At the end of November 2020, the then Voivode of Wielkopolska Łukasz Mikołajczyk recognized the validity of consent to the construction in Stobnica, while indicating that the conducted proceedings showed that the decision of the Obornicki staroste in this case was issued in violation of law. Issuing a decision on the so -called Castle, the voivode took into account, among others Estimated case -law of administrative courts, as well as amendment to the construction law and the passage of time from the issuing of a building permit.

After this decision, the head of the Ministry of Interior and Administration lost trust in the Ministry of Interior and Administration – Mikołajczyk was dismissed from the function. The voivode's proceedings were initiated after the opposition to the prosecutor's office in the face of the consent to conduct the investment.

In August 2021, after examining the appeals of the District Prosecutor's Office in Poznań, RDOŚ and the investor Ginb annulled the decision of the Obornicki Staroste of 2015 granting the building permit for the so -called Castle in Stobnica and annulled the decision of the Wielkopolska Voivode of 2020 in this matter.

The Chief Inspector of Construction Supervision decided that the construction belongs to projects that could significantly affect the environment, which is why the investor was obliged to submit a decision on the building permit with the building permit. Since the investor did not obtain such a document, GINB decided that this is a premise for annulment of the consent for the construction. The investment company appealed against the GINB decision.

In January 2022, the Provincial Administrative Court in Warsaw (the Provincial Administrative Court) annulled the contested GINB decision annulling the building permit Castle in Stobnica and an earlier decision of the Wielkopolska Voivode in this matter.

The WSA assessed that in the case of the so -called The castle has not been met by statutory conditions for annulment of a building permit decision. The court also found that, according to the amendment to the construction law of September 2020, the possibility of annulment of the building permit in Stobnica was limited. Cassation to the Supreme Administrative Court submitted to the judgment of the Provincial Administrative Court, among others Ginb. In March 2025, the Supreme Administrative Court dismissed it, considering that the decision of the Obornicki staroste controlled in the proceedings was not affected by a defect in nullity.

In the opinion of the Supreme Administrative Court, the architectural design did not show that the investment had to have an environmental decision issued. In oral justification, the court indicated that the defect in the decision should be distinguished from its incorrect implementation, and the issue of exceeding the limit during the performance of work cannot be examined in invalid proceedings. The court also found that in the case of the so -called The castle cannot be said about the socio-economic investments unacceptable to the law, because the building permit does not violate the local spatial development plan. The court also reminded that the Poznań RDOŚ knew the details of the investment before issuing a permit for its implementation.

The Supreme Administrative Court also considered that if it were assumed that in the case of a building in Stobnica there was a gross violation of the law, the investment was limited by the amendment to the construction law of 19 September 2020. The March judgment of the Supreme Administrative Court is final.

From the Wednesday decision of the Wielkopolska Voivode, interested parties may appeal to the Chief Inspector of Construction Supervision. (PAP)

Szk/ Jann/ MHR/