In today's article, we'd like to outline the procedure for adopting local plans and the influence third parties, including investors and local residents, have on their content. We'll briefly outline the stages of plan adoption and indicate when comments can be submitted.
The municipality and its planning authorities have the authority to, in principle, shape spatial policy independently and in accordance with its interests and the need to ensure spatial order. When adopting a local spatial development plan, the municipality should balance the public interest with the interests of private entities.
The first stage is for the municipal council to adopt a resolution to begin preparing a local development plan. After adopting this resolution, the head of the commune (mayor, city president) will announce in the local press, in the Public Information Bulletin on the city office's website, and in the manner customarily adopted in the given municipality, that such a resolution has been adopted and that applications for the plan may be submitted within a period of no less than 21 days from the date of announcement.
Anyone can submit a plan application. It is not necessary to demonstrate ownership of a specific property or reside in a given municipality. However, these applications do not have to be included in the draft plan. However, their omission may constitute grounds for a broader discussion.
In subsequent stages, the executive body of the municipality, i.e., the head of the commune (mayor, city president), notifies in writing the institutions and bodies responsible for reviewing and assessing the plan (e.g., the Regional Director for Environmental Protection or the Voivodeship Conservator of Monuments) of the adoption of the resolution to proceed with its preparation. The head of the commune prepares a draft plan, prepares a forecast of the financial impact of adopting the plan, and seeks opinions on the draft plan from the bodies specified in the Spatial Planning and Development Act. Subsequently, the head of the commune introduces changes to the draft resulting from the opinions received and the agreements made.
The next step is to announce the public presentation of the draft plan at least seven days prior to the public presentation date. The next step is to make the draft plan available for public review and make it available in the Public Information Bulletin of the municipal office for a period of at least 21 days. During this period, the head of the commune (mayor, city president) is obligated to organize at least one public discussion on the solutions adopted in the draft plan. During the state of epidemic, we encountered cases where such discussions were organized online.
The commune head (mayor, city president) also sets a deadline for individuals, legal entities, and organizational units without legal personality to submit comments on the draft plan . This deadline cannot be shorter than 14 days from the end of the draft plan display period. Comments may be submitted by anyone who questions the findings in the draft plan that has been made available for public review. Comments must be submitted within the deadline specified in the notice. The opportunity to submit comments on the draft plan provides an opportunity for entities whose interests may be affected to present their opinions on specific solutions proposed in the draft plan.
Comments on the draft are part of the public discourse on the provisions of the plan, in which individual perspectives on this act of local law are a crucial element. Comments on the draft plan can be submitted by anyone interested, including investors wishing to invest in a given area. It is irrelevant in this context whether the submitter owns the property located within the area covered by the draft plan, has any rights to the property, or is even a resident of the given municipality. The only requirement is to challenge the provisions of the draft plan, which can take various forms, such as general comments or more detailed solutions, including alternative proposals.
After the comment period ends, the municipal executive body will review the comments within 21 days of the submission deadline, make changes to the draft plan based on the comments, and then reconsider the consultations as necessary. It is possible that if significant changes are made, the draft plan (in whole or in part) will be reopened for public review.
The final stage of the local plan process is to present the draft local plan to the municipal council, along with a list of unaddressed comments. Upon reviewing the draft plan, the municipal council is obligated to determine that the plan's provisions do not violate the provisions of the municipality's spatial development study. If the council determines that changes are necessary in the draft plan submitted for adoption, including those resulting from consideration of comments submitted by the municipal executive body, the planning procedure is repeated to the extent necessary to implement these changes.
As indicated above, before adopting a resolution on the local development plan, the municipal (city) council is obligated to consider any comments submitted to the draft plan. A violation of this principle constitutes a flagrant violation of planning procedures, which, regardless of other deficiencies, should lead to the invalidation of the local plan. According to established case law, a laconic note on the procedure for considering comments, included in the list of comments and in an annex to the municipal (city) council resolution, without providing a detailed justification for disregarding each submitted comment, cannot be considered as fulfilling the requirement for consideration of comments.
After adopting a resolution adopting a local spatial development plan, the head of the commune (mayor, city president) submits it, along with all materials related to the planning procedure, to the voivode for assessment of its compliance with the law. If the voivode determines that the entire planning procedure was conducted in accordance with the regulations, he or she orders the publication of the resolution in the official journal of the voivodeship. This resolution takes effect 14 days after publication. However, if he or she finds any irregularities, he or she may issue a supervisory decision declaring the resolution adopting the plan invalid in whole or in part.
As the above indicates, private entities have several options for influencing the content of local development plans. These are worth pursuing, as the plan's provisions have significant implications for the exercise of property ownership rights and also influence future investment plans, including development options.
Next week we will continue our discussion of the local spatial development plan and introduce you to the principles and methods of its interpretation.
This alert is for informational purposes only and does not constitute legal advice.
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