Cracow. Fight for ecological use in Zakrzówek and court disputes for compensation

Zakrzówek is one of the most attractive areas of Krakow. In addition to the residents willingly visited, surrounded by the rocks of the lagoon – a former quarry – and the park recently created in its areait is also a valuable area.

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This is confirmed by the fact that about 18 hectares of the area near the swimming pool From 2018, it has been ecological use. It is a form of nature protection that practically prohibits any construction. It was established because of the habitats of protected species of animals and plants, including A snake of the Gniewosz.

The use area was to be increased by 1.5 hectares, the so -called “Eastern enclave” – ​​councilors decided last year. The resolution, however, was annulled by the Lesser Poland voivode Krzysztof Klęczar (PSL), in practice paving the developer – Apollo Investment Twardowski – the way to obtain a building permit; It is just about a plot on which ecological use would apply.

The building permit was issued, which aroused anxiety of people fighting for green Zakrzówek. – According to the regulations, we had to fit within 65 days of submitting the application, and the permit was issued on the 64th day. We had no choice – explained in an interview with tvn24.pl Dariusz Nowak, spokesman for the City of Krakow.

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The city appealed against the decision of the voivode to Provincial Administrative Court, which on January 30 this year. he agreed to Miszalski's officials. This means that use is valid. At least until the voivode of Klęczar, possibly, does not decide to complain to the Supreme Administrative Court. The future remains uncertain, which in particular is bothering ecologists. – Date of coffee grounds – commented Mariusz Waszkiewicz from the Society for Nature Conservation.

On Wednesday, the President of Miszalski referred to the case during the session of the Krakow City Council, who announced that due to the decision of the Provincial Administrative Court The building permit issued by the municipality does not apply.

– Today I am arranged with the voivode of Klęczer to talk about that they do not appeal against this court decision. I can't say one hundred percent yet if it will work, but there is a good chance. If the voivode does not appeal, the permit does not function – assured the Mayor of the city.

Lesser Poland voivode Krzysztof Klęczar on Thursday morning confirmed in an interview with tvn24.pl that he met with Aleksander Miszalski in this matter. However, the president did not hear a specific declaration. – I am still waiting for the justification of the judgment. For me, the content of this justification will be the key and only after its analysis will I be able to decide whether to submit a cassation appeal. I can't declare anything yet, I would be irresponsible if I did it – the voivode told us.

However, the city has an emergency plan. The road to the investment crosses use, which is why councilors would have to consent to its construction. If they don't, construction will not move.

– Comments that we have lost this battle, that Zakrzówek will be built up, that it will be contrary to promises, they are untrue. Of course, this war is not over, this battle will last, but I hope that soon – said Aleksander Miszalski. – I will take all possible steps to protect Zakrzówek from buildings – declared the president.

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Miszalski also spoke during the session, among other things, that the fight for Zakrzówek was a costly battle, but claiming that “this heritage must be protected regardless of costs.” It is about compensation that the city will probably have to pay in connection with the introduction of ecological use. All because the provisions on use practically prevent large investments even on construction plots.

What amounts are we talking about? Justyna Habrajska, director of the Treasury Department of the City of Krakow, informed during Wednesday's session, 12 applications for compensation for a total amount of PLN 123 million were sent to the magistrate. The President of Krakow issued refusal decisions in this respect, so the cases went to court. Until now, only one unlawful judgment was passed in which the claim was dismissed.

However, it is crucial The dispute between the city and Kraków City Parkwhich includes 10 out of 18 hectares, which is “old” ecological use. As we reported, the Portuguese developer intended to build apartment buildings there. In 2021, the company demanded at least PLN 109 million compensation from the city. The municipality refused, which is why the case went to court before which mediation is taking place. The first mediation meeting took place on January 28.

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– The company confirmed the will to conduct settlement talks, indicating the possibility of a settlement – said JUSYTNA HABRAJSKA.

There are three possibilities on the table. The first of these is consent to the implementation of the investment in Zakrzówek – but the current authorities do not intend to allow. The second option, which is allowed by the developer, is to change private plots in Zakrzówek with municipal plots. As a last resort, the sale of plots of land is involved. For what amount? It is not known because mediation is conducted behind closed doors.

As for the eastern enclave, i.e. the area to which the current dispute with the voivode, the city may bear the next financial consequences of protecting this area against buildings. – If this ecological use persists, it should be taken into account that there will be further applications for compensation and consequently subsequent lawsuits – explained the director of the treasury department.

And as to the fact that the reservoir area must be protected against buildings, there is a consensus in the city council. – If the announced settlement with the developer takes place and the areas for ecological lands are purchased, although in their part it will be one of the best things for our city (…). I hope that money and the desire to profit at all costs will not be the most important and only factor in the development of our still beautiful city – said councilor Małgorzata Kot on behalf of the PiS club.

In turn, councilor Łukasz Maślona from the Krakow club for residents emphasized that in Poland he had not yet passed in the context of ecological land a final judgment that would be the thought of developers. – It cannot be that investors will demand from us amounts as if they were investment areas – explained the councilor. And he added that the natural values ​​existed in this area even before the form of nature protection was established in the form of use.