The Masovian Voivode filed a cassation complaint to the Supreme Administrative Court against the ruling of the Provincial Administrative Court in the matter of the landscape resolution, informs the capital city hall. According to city officials, this means that the procedures will not end soon.
On Monday, the city hall announced that the Mazowieckie Voivode had filed a cassation complaint with the Supreme Administrative Court “against the favorable judgment of the Provincial Administrative Court on the landscape resolution”. – The practical effect of the voivode’s decision is that the legislative procedure in this matter is blocked for up to a year and a half – says the deputy mayor of Warsaw, Michał Olszewski, quoted in the communiqué.
Olszewski: What is the public interest behind such a delaying action?
Let us recall: regulating the spatial advertising order, the Warsaw landscape resolution was adopted by councilors in January last year. A month later Konstanty Radziwiłł, the voivode of Mazovia, annulled it. The city, in turn, submitted a complaint against the supervisory decision of the voivode to the Provincial Administrative Court, which in December last year was dismissed.
In March, the city announced resumption of work on the landscape resolution – that is, making corrections and referring the project to reconciliation.
– Despite the partially unfavorable judgment, we withdrew from the cassation appeal, considering the priority to re-enact the document as soon as possible and to organize the space of our city. And now we find out that the voivode appealed against the ruling of the Provincial Administrative Court, although the latter upheld his decision to repeal the resolution – says Olszewski. And he adds: – What public interest is behind such a delaying action of a public administration body? After all, he should support the achievement of the goals set by the act, and not act as their main opponent.
In the opinion of the town hall, the decision of the voivode not only extends the advertising chaos and the arbitrariness of advertising companies, but also clearly strives to question the statutory competences of the municipal government in the field of advertising regulation.
We asked the spokeswoman of the Masovian Voivode about the matter. We are waiting for answer.
What did the invalidated resolution contain?
The landscape resolution was to introduce clear rules and conditions for placing advertising media. It would also allow city officials to impose penalties for breaking them. One of the most important changes included in the regulations was the “throwing” of large billboards from the city center. They could appear only along large exit routes and along designated communication routes. It also contains regulations on the standardization of the appearance of advertising signs, elements of small architecture and fences, specifying the areas and housing estates where fencing was prohibited.
After the regulations enter into force, owners of existing advertisements and signs would have two and three years to adapt to the changes, respectively. After this period, those who did not meet the requirements would be punished. The amount of penalties depends on the size of the advertisement. The rates would be charged on a daily basis, so the longer the owners waited to remove the illegal media, the higher the fine would be. Anyone who would like to set up a new advertisement after the resolution comes into force would have to ensure that it meets the new requirements. He would have been punished otherwise.
Main photo source: tvnwarszawa.pl