The Main Office of Construction Supervision annulled the decision of the Oborniki starosta granting a permit for the construction of the castle in Stobnica (Greater Poland Voivodeship). At the same time, he revoked the decision of the former Greater Poland voivode who, although he found a violation of the law, found that the construction could be continued.
The castle in Stobnica is an investment that raised a lot of controversy from the very beginning. It is being built 50 kilometers from Poznań, on the edge of the Notecka Forest, on an artificial island on the Kończak Canal. The construction is carried out in the Natura 2000 area. The investor is the Poznań-based DJT company
The investment became famous in the summer of 2018. Then The CBA began examining the correctness of the issued decisions in connection with its implementation. In August 2018, the Minister of the Environment recommended the General Director of Environmental Protection initiation of an urgent inspection of the construction decision issuance process. The case was also referred to the prosecutor’s office.
Now, after examining the appeals of the District Prosecutor’s Office in Poznań and the Regional Director for Environmental Protection in Poznań and the investor, the Chief Inspector of Building Supervision has annulled the decision of the Oborniki starost of 2015 granting a building permit for the so-called of the castle in Stobnica and revoked the decision of the Wielkopolska voivode of 2020, contested in this case.
GINB points to garages
As underlined by the General Inspectorate of Banking Supervision, the area where the castle is located is within the special bird protection area. “In this area, the investor has planned, among others, garage halls with parking spaces along with accompanying infrastructure, the parameters of which exceed the values indicated in the regulation of the Council of Ministers of November 9, 2010 on projects that may have a significant impact on the environment. type of undertakings “- explains Joanna Niedźwiecka, Head of the Organizational Department of the General Inspectorate of Banking Supervision.
Thus, the investor was obliged to submit a decision on environmental conditions for the project together with the application for a building permit. “The case file shows that the investor did not obtain such a document, which, in the opinion of GINB, was a premise for the annulment of the building permit decision” – explains Niedźwiecka.
As he indicates, the decision of GINB is final. “The parties may appeal it to the Voivodship Administrative Court in Warsaw, within 30 days from the date of its delivery” – she explains.
What does this mean in practice? Most likely, the investor will submit the above-mentioned complaint together with a request to stay the execution of this decision and await the court’s decision in this matter. If the court approves GINB’s right, the investor will have to eliminate the deficiencies indicated by GINB. As we found out, there is no question of demolishing the castle, because the investor acted on the basis of legally obtained building permits.
If the investor proves that he is not at fault, he will be able to claim compensation for the suspension of works.
Voivode kicked out of the castle
On November 30, the Wielkopolska Voivodship Office (WUW) announced that Governor Łukasz Mikołajczyk granted permission to build the so-called castle in Stobnica as important. At the same time, it was reported that in the course of the administrative proceedings, the voivode’s services confirmed that the law was violated by the Oborniki starost when issuing the permit. The proceeding was initiated after an objection raised by the prosecutor’s office against the consent to carry out the investment.
Three days after this decision, Prime Minister Mateusz Morawiecki, at the request of Mariusz Kamiński, the minister of internal affairs and administration, dismissed Łukasz Mikołajczyk from the function of the voivode of Greater Poland. “The reason for submitting the appeal was the loss of confidence in the voivode in connection with his decision to build the so-called castle in Stobnica “- announced the press release of the ministry.
Tomasz Stube from WUW explained in November that the infringement of the law by the Oborniki starost concerned the approval of the construction of the so-called castle, although the investor did not submit the environmental decision for the designed car parks. The investor’s right to dispose of the Kończak Canal for construction purposes has not been confirmed either. The aforementioned watercourse belongs to the State Treasury. Stube added that during the analysis carried out by the voivode’s services, the following circumstances were taken into account: the guiding principle of durability of administrative decisions, well-established jurisprudence of administrative courts, amendment to the construction law, irreversibility of effects on the natural environment and the lapse of time since the decision was issued. – These circumstances do not allow for the annulment and suspension of the decision of the Oborniki starost – summed up Stube.
RDOŚ withdrew its decision
In 2015, the Regional Directorate for Environmental Protection in Poznań decided that the investment would not have a negative impact on the environment. Four years later, she overturned this decision after it was found that the area allocated to the construction site was larger than indicated.
RDOŚ emphasized that this has an impact on the classification of the project as “potentially having a significant impact on the environment, for which a decision on environmental conditions is required, which the investor did not submit in the course of the original procedure”. On July 31, 2019, GDOŚ upheld the decision of the Regional Directorate of Environmental Protection in Poznań. The investor appealed to the court on this matter.
As a result of the decision of GDOŚ by the investor, the Provincial Administrative Court in Warsaw in the judgment of March 11 this year. overturned this decision. On June 30, GDOŚ filed a cassation complaint against the ruling of the Provincial Administrative Court to the Supreme Administrative Court.
Investment under the scrutiny of the prosecutor’s office
The investment in Puszcza Notecka is also being watched by the prosecutor’s office, which in mid-July stopped and brought charges against seven people in connection with the investment. These are officials and representatives of the company building the so-called castle in Stobnica. According to the Poznań prosecutor’s office, the building permit was issued despite the non-compliance of the construction design with the local spatial development plan, technical and construction regulations, and the lack of opinions, agreements, permits and checks required by construction law.
Suspects in this case were charged incl. certification of untruths, non-fulfillment of obligations and conducting construction works that endanger the environment and conduct them in violation of the provisions of the Environmental Protection Act. The accused did not plead guilty to the alleged offenses.
Main photo source: TVN24