In this series of articles from the "Tuesday Mornings for Construction Workers" series, dedicated to the amendment to the Spatial Planning and Development Act (the " Draft "), which is crucial for the entire construction industry, we continue our analysis of the planned changes proposed by the legislature. We also inform you that the draft, after its first reading, is still being developed in committee in the Sejm.
Today's article will concern one of the main elements of the new planning tool, the general plan, i.e. planning zones .
General plans will mandatorily include planning zones, which will reflect the current functions of the areas envisaged in existing local plans. The area covered by the general plan will be divided into individual planning zones. This division will be fundamental to the formulation of general plan provisions, and consequently, to the definition of local plans and the issuance of development decisions.
The draft amending act indicates that it will be permissible to designate the following planning zones:
- multifunctional zone with multi-family housing;
- multifunctional zone with single-family housing;
- multifunctional zone with multi-family housing;
- multifunctional zone with farm buildings;
- service area;
- large-scale retail zone;
- economic zone;
- agricultural production zone;
- infrastructure zone;
- greenery and recreation zone;
- cemetery zone;
- mining zone;
- open zone;
- communication zone.
The project's justification states that the idea is to allow for the mixing of functions that do not generate conflicts. Examples of such conflicts include the proximity of agricultural developments and large housing estates, or the proximity of nuisance services and residential developments. This assumption, in addition to eliminating potential conflicts, is also intended to contribute to the development of multifunctional structures that will ensure the fulfillment of residents' basic needs, for example, by reducing the distance to such facilities.
Planning zones will be defined by a number of key factors from the point of view of the possibilities and scope of development , such as: (i) maximum above-ground development intensity, (ii) maximum building height, (iii) minimum biologically active area indicator.
Importantly, these will not be the only indicators defined for planning zones, as the reform also envisages the establishment of optional indicators, such as standards for accessibility of social infrastructure, and rules for access to facilities such as schools and publicly accessible green areas (as we wrote about in #152 ). This is intended as a response to the legislature's perceived phenomenon of the dynamic growth of suburban housing estates, which is not matched by an adequate pace of equipping such areas with the necessary infrastructure, particularly social infrastructure.
The introduction of planning zones is intended to primarily cover areas for which the currently applicable local development plans have designated residential use. This stems from the legislature's intention to maintain the existing local development plans after the amendment comes into force.
Furthermore, the legislature is introducing additional criteria that will be important when introducing planning zones for residential purposes. In particular, it will be necessary to consider the housing needs of a given municipality and the potential for rational densification of existing development . As a rule, new investment areas will be designated only when existing reserves secured in existing local plans and development gaps fail to meet the anticipated housing needs. New investment areas will have to meet between 70% and 130% of the identified demand for new development.
In turn, service zones will be designated for the location of large, single-function complexes, providing services such as administration, education, healthcare, social services, culture, sports, and religious worship. It should be noted that the legislature decided to designate a separate large-scale retail zone within the service zones due to the specific nature of space development for such a function, including its significant land consumption and impact on the transportation system.
Among the aforementioned zones, open zones are also worth noting. They will contain areas that, in accordance with municipal policy, are to be protected from development expansion, and thus development opportunities will be significantly limited. Such zones will include forests, agricultural areas, water areas, and natural green spaces.
In summary, planning zones are intended to become a tool that will enable the creation of mixed, yet compact planning structures . Such structures will allow for the creation of spaces that ensure the most efficient use of nearby and accessible social infrastructure by residents. Such optimization will minimize risks such as the occurrence of mixed functions with mutually negative impacts. It will also reduce the effects of so-called external costs, such as transportation costs caused by the lack of local public services, or the negative environmental impact caused by the need to commute to distant services.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of May 22, 2023
author:
