Thursday, February 24, 2011

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emphasis on the city? First of all, Krakow

Prime Minister Donald Tusk and Minister Aleksander Grad will come to help the investor gnębionemu heavy fines by the city and the reluctance to issue a decision - that information alive for several days Krakow. The headlines come back the same story of an unfinished skyscraper in the NOT-Street. Lubomirski, called by all Skeletor. As an investor accusations fall primarily at the city, I can not speak on the matter.

Uporządkujmy first knowledge: the investor now has the legitimate "wuzetkę. On the basis of the investment would continue. Why does not everybody? The reason that it provides for the completion of the building in its current form. The second "wuzetka", which implies an increase in the building to 102.5 meters (positive opinion by the Municipal Commission of Urban Planning and Regional-Architectural Conservator) was issued by the city, but then challenged by the Society for Nature Conservation. The case is just before the Local Government Appeals Board.

yet explain the case of fines imposed by the city limits to the investor for breach of real estate development. In accordance with Article. 63 Land Management Act, in case of default by the property management perpetual date may be determined in additional annual fees charged to perpetual. Their goal is to mobilize the user for development of land. However, the investor has the right to appeal the decision determining the additional fee. It happened in this case. Currently, proceedings are conducted before the Local Government Appeals Board. If the administrative decision will be favorable to the investor, he will not pay additional charges. Decision in this case will not therefore takes neither the prime minister nor the minister, but the Local Government Appellate Board. Such procedures are valid in the entire civilized world. So many facts.

But let me comment on a few sentences.

First of all, despite claims that are still heard in the media, I do not find in the activities of the investor declared a hurry to start the construction. Challenge "wuzetki" by the Society for the Protection of Nature, after all, does not preclude the fulfillment of various activities, which can then accelerate the building permit - the implementation of a construction project, obtain environmental decision, etc. .. Why investors do not do this? I do not know.

The second issue is the submission by the investor to the community many requests for partial WZiZT. Such proceedings pending a few. The investor must reckon with the fact that each application has to go through the whole procedure, which can not in any way to speed up, and it will participate procedowaniu (and would consist swoje uwagi) wszystkie zainteresowane strony – sąsiedzi, organizacje pozarządowe, Wojewódzki Konserwator Zabytków itd... Nikt nie ma prawa pozbawić ich możliwości uczestniczenia w tym procesie. Nikt nie ma też prawa zabronić im odwoływania się od wydanej przez miasto decyzji. Byłbym ostatnią osobą, (zważywszy na doświadczenia z Komisją Majątkową), która naruszyłaby prawo kogokolwiek do zaskarżania rozstrzygnięcia, które odbiera jako krzywdzące.

Zanim zapytają Państwo, czy miasto może jakoś pomóc inwestorowi, proszę na chwilę zapomnieć, że chodzi o Szkieletora i wyobrazić you any other investment. Top construction near your home.

How would you react to the fact that the city seems "wuzetki" completely disregarding the opinions of specialists in the field of nature conservation, no opinion conservator, the proceedings did not notify the neighbors? Everything explaining that, after the investor is in a hurry, do not want to incur unforeseen costs, and construction is important and prestigious ...

As you have commented on the fact that an investor buying a property even though he was aware of deadlines and then he was under the right to pay additional fees by the city, suddenly is generously by officials exempted from the fee?

Let me guess! Member reaction would be clear and correct - the office is breaking the law! A comment may be, and even sharper: I wonder who took the bribe for it!

I would like at the roundabout Mogilskie as soon as he stood a modern, beautifully designed tower, which will become a source of pride for Krakow. Just like many of you agree with that daunting for many years in the city center frame does not bring pride Krakow. Please However, do not require the office, in the name easier for investors broke the law. All matters, which leads the School of Architecture and Urban Planning of the City of Krakow, must be conducted in accordance with the requirements of administrative procedure and respecting the principle of fairness. The complaint addressed to the representatives of the Polish government for obstructing the investor for completion of the treat as an attempt to put pressure on the city, and perhaps also on SKO, Regional Conservator of Monuments and review bodies. Complaints and requests for further multiplication of administrative proceedings will not accelerate the commencement of the project, nor facilitate the development of compromise with the conservator, NGOs, and neighbors.