As we mentioned in the previous article (which we cordially invite you to read), on March 23, 2023, the government's draft bill amending the Act on Spatial Planning and Development (the " Act ") and certain other acts (the " Bill ") was submitted to the Sejm. This bill aims to simplify, unify, and accelerate planning procedures in the field of spatial planning, among other things, by introducing a new planning tool, mandatory for the entire municipality, with the status of a local law act – a general plan .
Therefore, in today's article we will try to answer the question of what a general plan of a municipality is, how it differs from a study and what changes will occur in connection with the above in the limitation of property ownership rights.
At the outset, we would like to point out that the general plan of the commune will be adopted as resolutions of the commune council and will constitute an act of local law.
According to the proposed wording of Article 13a of the Act, the municipal general plan will define planning zones and municipal urban standards for the municipality , excluding closed areas other than those established by the minister responsible for transport. This is a mandatory part of the general plan, but it may include additional provisions regarding the development area and the downtown development area .
The municipal general plan will serve as the basis for developing a more detailed local law, the local spatial development plan . In this respect, it will replace the study of the conditions and directions of spatial development of the municipality. The most important difference between the municipal general plan and the study at this time is their nature. The study is an internal resolution of the municipality, intended to guide the actions of municipal bodies in the field of spatial development planning; it does not have the power to create rights and obligations vis-à-vis third parties. The general plan, on the other hand, will be an act of local law—generally applicable law throughout the municipality, which can also serve as the basis for imposing rights and obligations on property owners.
This is of significant importance to owners of properties located in areas for which no local development plan has yet been prepared, as, according to the proposed wording of Article 13a, Section 5 of the Act, the provisions of the municipal general plan regarding planning zones, municipal urban standards, and the downtown development area will constitute the legal basis for decisions on development and land use conditions . This represents a significant difference between the study and the municipal general plan, as currently, the owner/perpetual user of properties located in areas for which no local development plan has been prepared does not have to apply for a decision consistent with the study. Therefore, for example, if the study designates the property as a commercial development, there was nothing to prevent them from applying for a development decision for a multi-family building. After the proposed regulations come into force and the municipal general plans are prepared, this will no longer be possible.
We also point out that the general plan will not constitute a legal basis (i.e., it will not be "another act of local law") for, among other things, the filing of an objection by the architectural and construction administration authority , referred to in Article 30, Section 6 of the Building Law, or for a building permit within the scope of the verification referred to in Article 35, Section 1, Item 1, Letter a of the Building Law (in this case, the basis will be the WZ decision). This follows directly from the proposed wording of Article 13a, Section 6 of the Act. Therefore, the implementation of construction works performed on the basis of the notification referred to above will not be verified for compliance with the general plan by the architectural and construction administration authority.
Considering all the changes proposed in the Draft, it should be noted that a municipal general plan can be an effective tool for local governments in shaping spatial order, particularly in the area of issuing development decisions. However, the quality of the prepared general plans will be crucial, as they should be thoroughly consulted with the local community and property owners.
In the next article, we will present the procedure for adopting a general plan by the municipal council.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of April 11, 2023
author:
