Shopping galleries – dilemma resolved

This solution is introduced starting from 11th November 2015 by the amendment of the spatial planning and land development act of 27 March 2003 (Journal of Laws No. 80, item 717 as amended).

In a result the legal loophole, created by the Constitutional Tribunal, in its verdict of 8th July 2008 (ref. no. K 46/07) abolishing the supermarkets’ establishing and activity act of 11th May 2007 (Journal of Laws No. 127, item 880), is removed from the legal system. The abolished act lowered  (from 2000 sq. m to 400 sq. m) retail space of supermarkets whose placement must be envisaged in a local zoning plan. The aforementioned verdict caused a legal issue – whether the initial value (2000 sq. m.) is instead of  400 sq. m. applicable or the whole provision is null and void.

The amendment ascertains any doubts.

Thus dominant judicial decisions (e.g. Supreme Administrative Court’s verdict of 18th December 2012,  ref. no. II OSK 646/06) in this area are approved. In the majority cases courts applied initial value in response to the abolition of the aforementioned act.

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