Residents of Malino filed a complaint against the resolution of the Commune Council

The complaint concerns the resolution of November 29, 2024, which amended the conditions study. The letter from residents was received by the Municipal Office on June 27. The Municipality is obligated to respond to the allegations and forward the complaint to the Regional Zoning Board within 30 days.

The issue concerns the area in Malina specifically; changes to the study allow for the construction of a logistics center there. Residents are protesting against this investment, fearing that its launch will have negative consequences for both residents and the town and municipality. There will be noise, 24-hour light pollution, and a huge number of trucks will pass through the town. The center's operation will require enormous amounts of water, which will result in lower water levels; consequently, the marshes, home to unique fauna, will dry up. Residents fear that there will also be a water shortage in their taps.

The complaint to the WSO contains five allegations. According to the complaining residents, the study was adopted with a significant violation of the procedure and principles for preparing an amendment to the study of conditions and directions of spatial development of the municipality. The complainants note that the document was prepared without first obtaining an opinion on the project from the municipal urban planning and architectural commission, that comments submitted in connection with public participation during the development of the draft amendment to the study were improperly resolved, and that public and private interests were incorrectly balanced. The Mayor of Wisznia Mała made unauthorized and independent changes to the areas covered by the study amendment, without formally amending the relevant resolution on the commencement of the amendment. The complainants also allege that the erroneous preparation of balances of land designated for new service and industrial development led to a distortion of the balance of land designated for this development, and that the area for business activity within the study area was designated in the immediate vicinity of residential buildings.

The complaint was presented at the session by Ksenia Dunajska, deputy head of the real estate management and spatial planning department. She emphasized that this resolution had already been subject to supervisory proceedings by the Voivode. This body examines the legality of all municipal council resolutions and found no violations.

Krzysztof Chuchro asked for the floor.

"I'm a councilor from Malino, the town where residents filed a complaint. This complaint by residents to the administrative court is the result of a lack of real dialogue between the municipality and its residents. Last year, residents submitted a petition signed by, let me remind you, approximately 400 people, which was also contacted without proper understanding of the problem. Similarly, during the public consultations, there was no real dialogue on the part of the municipality. As a councilor, I disagree with the reasoning presented in the draft resolution ," said the councilor, adding that today's resolution is merely a technical resolution, as the Municipal Council is obligated to forward the complaint to the court within a specified timeframe.

In the opinion of the Municipal Council, the complainants, contrary to their claims, did not demonstrate a specific legal interest in challenging the resolution, nor did they demonstrate a violation of that interest. The response to the complaint contained this position, and the draft resolution was put to a vote by the councilors. Ten councilors voted in favor of the resolution, with one vote against (Jerzy Szczerba) and one abstention (Krzysztof Chuchro).

Residents of Malino also asked to speak on various matters. First, however, councilors voted on a time limit for speaking. The 5-minute proposal failed (8 votes against, 3 for). Therefore, the pre-determined 1-minute time limit applies during the session, which not everyone agreed with. Some even argued that the one-minute time limit was sufficient for only introductions, as there wasn't enough time for anything else.

The first one was Łukasz Goszczykowski, president of the Malin z Natury Zielony association.

"I would like to address the vote that took place regarding the complaint filed by the residents of Malin, " he said. "I wanted to remind everyone that the association still exists, that we are active, that we are determined, and that we will do everything in our power to ensure that this complaint filed by the residents wins, and that the municipality fails in this matter. Let's hope it succeeds, and we are working to ensure that happens."

"I don't know if you realize, ladies and gentlemen, I'm speaking here to the councilors, and of course to Mayor Bronowicki, that all the documents the investor has presented so far are, to put it mildly, not entirely accurate and misleading to all of us, " said Oleg Krzyżanowski, who took the floor next. He began to discuss the association's expertise, but time ran out and he was forced to interrupt.

Mayor Jakub Bronowicki, asked after the meeting if he agreed that there was a lack of dialogue with residents regarding the study changes, said that this is not true. There were discussions, but consensus with some people was not reached. The mayor assured that the well-being of residents is very important to the municipality, but it must continue to develop, and such investments are essential.

"To carry out tasks for its residents, a municipality must generate its own revenue. And we can't achieve this without good investors ," emphasizes Jakub Bronowicki.

Will the Provincial Administrative Court find the residents of Malino justified? It's hard to say. All parties involved are awaiting the ruling.