As previously announced, we have prepared an alert regarding the digitization of the Act of 27 March 2003 on Spatial Planning and Development (the "Act"). These changes introduce new, intended to be beneficial solutions for private entities, including investors, so it's particularly worthwhile to familiarize yourself with them. Today, we're analyzing the new solutions, which involve the digitalization of all spatial planning documents, and the implications they bring.
Until now, there were no standards in Poland regarding the creation of digital planning data. As a result, the development studies and local plans that were created so far often proved inconsistent and inconsistent, and access to them was difficult. Some municipalities still do not publish adopted development plans on their websites, and older issues of provincial journals are not available electronically. This was a particularly disadvantageous solution from the perspective of investors. An amendment to the Spatial Planning and Development Act is intended to address these difficulties. As of October 31, 2020, due to the entry into force of the amendment introduced by the Act of April 16, 2020, amending the Geodetic and Cartographic Law and certain other acts, the obligation to digitize spatial planning documents was introduced. Detailed regulations in this regard are set out in the Regulation of the Minister of Development, Labor and Technology of October 26, 2020, on spatial data sets and metadata related to spatial development.
First and foremost, the Act introduces the category of spatial planning acts (SPAs). Pursuant to Article 67a, Section 2 of the Act, these acts include:
- voivodeship spatial development plans ("PZWP"),
- studies on conditions and directions of spatial development (“SUIKZP”),
- local spatial development plans ("MPZP"),
- local reconstruction plans (“MPZP”),
- local revitalization plans (“MPZP”).
New digitalization solutions require authorities issuing spatial planning acts to create digital spatial data for spatial planning acts (both newly created acts and those already in force). These regulations also require local government bodies to maintain appropriate data sets online (three sets can be distinguished, the codes of which are indicated in parentheses above). However, it is worth noting the scope of this obligation, which concerns the creation of spatial planning act boundaries in vector format, along with a raster drawing of the act data with a spatial reference (georeference) and a reference to the document's content via an internet connection. As part of the changes concerning the digitization of spatial planning acts, draft planning documents must be posted on the website of the municipal office (SUIKZP and MPZP) or the voivodeship office (PZWP) in the Public Information Bulletin, as well as the publication of information on the adoption of resolutions to initiate the preparation of a study or local plan. Furthermore, the procedure for adopting a planning document by the relevant authority has also been made possible online, and work on draft spatial planning acts will now be able to proceed online, enabling interested citizens to submit comments and proposals electronically. This simplified access to projects containing information on spatial scopes applicable throughout Poland will allow investors to access information on the spatial planning acts in force in the areas they are interested in. This solution should therefore have a positive impact on the entire investment process and will certainly facilitate decision-making by potential investors.
The obligation to create datasets containing spatial data for existing spatial planning acts has been imposed on local governments of municipalities, cities, and voivodeships. This obligation is to be implemented within two years of the entry into force of Article 5 of the amending Act, i.e., by October 31, 2022. The resulting datasets will be updated and made available within the spatial information infrastructure no later than 30 days after the occurrence of one of the events specified in Article 67c, paragraph 2 of the Spatial Planning and Development Act.
In summary, as a result of the changes, planning documents will be available in electronic formats . This allows for the combined use of data from various sources and their comparison. The creation and maintenance of collections for spatial planning documents, the parameters of which are defined in the aforementioned regulation, will also be standardized . It will certainly be monitored whether these regulations meet expectations in practice.
Next Tuesday we will prepare information for you about changes related to digitization in the Geodetic and Cartographic Law.
This alert is for informational purposes only and does not constitute legal advice.
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