Who legally defines the binding development rules – the urban/spatial plan or the municipality?
We own a plot of land and have prepared a multi-residential project which, according to current regulations and the applicable urban (spatial) plan, we have the legal right to build. However, the city municipality is refusing to accept or approve the project.
We would like your legal opinion on the following:
Does the municipality have discretionary authority to refuse a project that complies with applicable regulations, or must any such refusal be legally justified?
Are there formal legal remedies or appeal procedures available if the municipality rejects the project or refuses to process it?
Which authority is hierarchically superior in this matter (municipality/city vs. urban/spatial plan vs. state law)?
We would appreciate your professional guidance on our legal position and possible next steps.
弁護士の回答
Vukelić Law Office
Assuming the City of Zagreb is refusing to resolve your request (so called the "silence of administration"), you have the right to file an appeal. If the City has refused your request, then you can appeal it and eventually, initatie an administrative dispute before the Administrative Court in Zagreb.
Should you request more input from, we would need to be furnished with all of the relevant documents you have and be familiarized with the matter.
Best wishes
Luka Vukelić, Attorney at Law
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