he article discusses the important procedural and substantive legal issues that
appear in connection with the new legal institute of locational verification, introduced
in Slovenia by the new Spatial Planning Act.
The article discusses the important procedural and substantive legal issues that
appear in connection with the new legal institute of locational verification, introduced
in Slovenia by the new Spatial Planning Act. Based on this institute,
an individual investor is granted on a specific location a deviation from some
specific requirements of the relevant municipal zoning act. The author maintains
that deciding on the locational verification is an individual administrative
case. Therefore, the municipal bodies need to decide in these cases following
the General Administrative Procedure Act, as far as the Spatial Planning
Act lacks specific procedural provisions. The author analyses some important
procedural questions and proposes how the provisions of both laws can be reconciled.
Also, the issue of the validity of conclusion on locational verification
is discussed, together with the legal effects of this conclusion. In the article, the
author also discusses the substantive issues of locational verification regarding
the conditions under which deviation from the requirements of the zoning act
could be granted.
Key words: locational verification, administrative law, Spatial Planning Act,
General Administrative Procedure Act.