Approval of the Possibility of Traffic Entering a Road in Connection with a Change of Land Use

Abstract

According to Article 35(3) of the Public Roads Act, for a change in the use of land adjacent to a right of way, in particular one that involves the construction of a building structure or the performance of other construction work, as well as a change in the use of a building structure or its part, the operator of the road must grant an approval regarding the possibility for the traffic occurring as a result of the change to merge into the road. This provision does not clearly indicate whether the approval in question is required only at the stage of the planning or the procedure regarding the construction and land development conditions, or whether it is required again at the stage of obtaining a building permit. On the other hand, requiring investors to obtain such an approval can significantly prolong the time needed to obtain a building permit and increase its cost. Therefore, the authors of this article analyzed the entirety of the proceedings of public administration bodies in matters related to the approval referred to in Article 35(3) of the Public Roads Act, as well as its evaluation by courts and the doctrine. They determined that this approval is not required at the stage of the building permit procedure. The purpose of this article is to demonstrate that, in light of the totality of the regulations currently in force, taking into account the current output of the doctrine and the case law of the administrative courts, requiring this approval again is groundless and violates the constitutional principle of legalism and the principle of citizens’ trust in public authorities. It should be noted that the problem discussed herein, although important for science and practice, has not yet been studied extensively.