In today's article, we would like to explore the issue of public participation in the currently pending Act amending the Act on Spatial Planning and Development and certain other acts (the "Draft"). As previously mentioned, the Draft passed its first reading in the Infrastructure Committee and the Local Government and Regional Policy Committee, and the current outcome of the work was presented in the Report of the Special Subcommittee (form no. 3097) of April 14, 2023, published on the Sejm website.
In line with the reform's objectives, the regulations on public participation have been significantly modified, introducing, among other things, the possibility of using various forms of consultation. The justification for the project states that "the separation of provisions on public participation as a separate chapter aims to raise the standards of conducting discussions with residents and open up the catalog of possible participation tools to include new techniques, including those related to digitalization."
Therefore, access to information about public consultations will be ensured both locally (in the manner customarily adopted in a given locality) and nationwide , via a website, public information bulletin, in the press, and via remote means of communication. These changes are intended to facilitate the development of compromises in spatial management. Interestingly, the new provisions will be analogous to Article 5 of the Revitalization Act, while preserving the differences between the two systems.
Let us move on to the content of the added chapter 1a entitled: "Social participation", which in the proposed Article 8e paragraph 1 outlines the general principles that should be followed when conducting social participation in spatial planning, i.e. based on dialogue, education and in a way that ensures the participation of the widest possible group of stakeholders .
Stakeholders , within the meaning of the Draft, will therefore include natural and legal persons , as well as organizational units with legal capacity (e.g., ordinary associations), municipal auxiliary units, youth councils, and seniors' councils, as well as local government units and their organizational units, and public authorities . This broad range of stakeholders is intended to allow various bodies with social legitimacy to express their opinions on spatial planning and development matters. The Draft establishes that natural persons with limited legal capacity (e.g., children aged 13 and over) may freely express their opinions on spatial organization without the consent of a legal representative.
As a guideline for the form of social participation activities, the content should be formulated in a clear and universally understandable manner , with the possibility of using non-technical language versions for this purpose . Additionally, Article 8h, paragraph 3, was proposed, establishing the principle of organizing meetings after working hours and in locations adapted to the needs of people with special needs.
The proposed Article 8f – keeping up with the times – introduces the right of stakeholders (upon request) to obtain, on an ongoing basis and free of charge, information from the Urban Register via e-mail about actions undertaken by public authorities in the field of spatial planning and development.
The next section of the proposed chapter establishes a procedure for stakeholders to submit applications for the preparation of a spatial planning act (including both the general plan and the local spatial development plan), applications and comments to spatial planning acts, and requests for information about publication in the Urban Register. The minimum requirement is to enable written communication, both in paper and electronic form. The implementing regulation for the aforementioned provisions will specify templates for submitting these applications and comments. The scope of the act also includes regulations regarding public consultations, which must be submitted to draft spatial planning acts . It should be noted that the requirement for consultation is not a new element of the procedure; under current law, the draft document is already available for public review and public discussion of the solutions adopted therein is organized. The new regulations, however, expand the list of possible forms for conducting consultations and define detailed rules for their organization.
Article 8h, section 1 of the Act, according to the Draft, will oblige entities conducting public consultations to provide notice of the form of consultations no later than the day they begin. The previous 7-day deadline for prior notification of the commencement of public consultations has been waived due to the rapid dissemination of information provided by modern technologies, including those used in Article 8f. Due to varying customs across the country, the obligation to provide information about consultations through a notice has also been waived . However, this will remain possible as a customary method. The catalog of methods for notifying stakeholders about ongoing public consultations has been modernized. The definition of a press publication has been clarified by referencing the Act of 26 January 1984 – Press Law. This will also include articles on online portals considered publications. A provision has been introduced according to which the municipality is obliged to notify about public consultations on its website, if it has one, and not only in the Public Information Bulletin, which is used by fewer people.
Further provisions stipulate the obligation to apply the provisions on personal data protection and to leave information about public consultations throughout their duration.
The Draft also proposes a catalog of techniques for conducting public consultations . According to these regulations, it is mandatory to: collect comments on the project; hold at least one meeting to present the project and discuss its findings . Newly added forms include activities enabling direct contact with those responsible for project preparation in the area covered by the project, as well as consultations involving gathering opinions on the project through surveys or geo-surveys .
Other forms of consultation have also been permitted, including those not specifically mentioned in the Act. It should be noted that previously, legal doubts existed as to whether forms other than those specified in the Act could be used. However, the introduced regulations open up a catalogue and encourage the use of a wider range of techniques for engaging residents in spatial decision-making than previously available. The terms for collecting comments and conducting surveys are specified later in the bill. Both paper and electronic forms are permitted.
This raises the possibility that the requirements placed on public consultation organizers, including allowing participants to express their opinions, ask questions, and submit comments, the possibility of conducting consultations remotely, and the participation of representatives of the organizer and the designer, constitute a catalogue of principles that will enable a more comprehensive and freer exchange of information between interested parties than before. Importantly, the proposed regulations require the preparation of minutes of activities undertaken during public consultations. This is intended to ensure the proper preparation of public consultation reports, discussed below.
The public consultation period has been set at 28 days , but consultations such as open meetings, expert panels, workshops, outdoor meetings, and study tours will not be allowed during the first or last week of the public consultations. The proposed Article 8k obliges the entity preparing the spatial planning act to prepare a document summarizing the process of collecting applications in the form of a list and the public consultations in the form of a report, immediately after their conclusion. The list and report must include a list of all submitted applications or comments, along with a proposed review, consistent with how the application or comment affected the project (whether a change was made or not) and a justification. Subsequently, in accordance with procedural regulations, the draft act, along with the list and report, is published in the Urban Register. This provides an opportunity to review the procedure for reviewing applications and comments before the act is adopted and to submit any further objections to the draft act to councilors.
Pursuant to the proposed Article 8l, the proposal to consider applications and comments on the draft spatial planning act will not be subject to appeal to the administrative court.
It should also be added that the provisions on social participation will be applied to provincial spatial planning acts.
In summary, the idea of expanding the Spatial Planning and Development Act to include an entire chapter on public participation in spatial planning deserves approval and appears to be a model solution for ensuring a balance between private and public interests. Assuming the proposed regulations come into force, it can be assumed that stakeholders will have greater opportunities for dialogue and consultation on planned projects, while the method of informing local communities about the spatial planning process will be more effective and allow all stakeholders to have a real voice in the discussion.
Next Tuesday is May 2nd, so we hope you'll enjoy the May Day break and get some rest. We invite you to check out our next article in two weeks.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of April 24, 2023
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