Today, we were supposed to present an article about copyright in construction contracts, but we decided to return to a more timely topic: spatial planning reform. We've already touched on this topic several times ( #36 , #85 , and #95 ), but at the end of April 2022, the draft act amending the Act of 23 March 2003 on spatial planning and development and certain other acts ("Draft"), prepared by the Ministry of Development and Technology, was submitted for public consultation, and the deadline for submitting comments passed last week. Therefore, we've decided to highlight several issues that we consider important.
- Master plan
The new planning tool will be a mandatory general plan for the entire commune, with the status of a local law. In this regard, the regulations authorizing the issuance of a study of the conditions and directions of spatial development for the commune, which will encompass the general plan, will be repealed.
As the project authors indicate, the general plan is to specify:
- generalized functional and spatial structure of the commune by designating planning zones in which previously defined functions of the areas can be implemented,
- the boundaries of the area where it will be possible to supplement the development based on the decision on development conditions,
- the boundaries of downtown development areas for which it will be possible to modify specific investment conditions,
- standards of accessibility of social infrastructure, i.e. the rules for locating new residential buildings in relation to the facilities providing public services.
The general plan is intended to constitute a spatial development scheme, and its provisions will be binding both for local plans, including the integrated investment plan, and decisions on development conditions.
- Changes to the planning procedure
According to the project's assumptions, public participation will be a key element of the procedure. Among other things, the introduction of various forms of public consultations, including the use of remote communication tools, will be helpful in increasing its level, as well as unifying the provisions for various planning acts, adapting them to the provisions on public consultation found in other acts (the Act of 8 March 1990 on Local Government, the Act of 9 October 2015 on Revitalization).
- Changes in the regulations regarding the issuance of decisions on development conditions
According to the draft, development decisions will be bound by the provisions of the general plan – their issuance will be contingent on location within the area designated for development, and a framework will be established for the decisions made in the decisions. Furthermore, it is proposed that development decisions will be valid for three years from the date the decision becomes final.
- Introduction of the Urban Planning Register
One element of the reform is the Urban Planning Register, maintained in an IT system. The Register will contain, among other things, documents created during the preparation of planning acts, reports from public consultations, administrative decisions related to spatial planning, and rulings of supervisory authorities.
It will be a free, integrated information system available to all interested parties.
- Integrated Investment Plans
The project also introduces integrated investment plans, which are intended to be a new operational urban planning tool intended for the implementation of large investment projects requiring coordination in terms of equipping them with the necessary technical, communication and social infrastructure.
This will be a special type of local plan, adopted by the municipal council at the request of the investor, after negotiations and the conclusion of an urban planning agreement specifying the principles and conditions for the implementation of the investment and the obligations of the parties.
The legislator plans to adopt the changes this year and, according to information on the government website, the planned date for adoption of the bill by the Council of Ministers is the second quarter of 2022. As soon as the bill is submitted to the Sejm, we will certainly analyze the proposed changes in more detail.
In summary, there is no doubt that changes to spatial planning and development regulations are needed, as experts believe that the current legal framework deepens spatial chaos, prevents long-term planning processes, and is internally inconsistent. The legislature's stated goal of clarity, transparency, simplification, unification, and acceleration of planning procedures is laudable, but achieving it will require synergistic action by public administration bodies, business representatives, and local communities.
Next week, we will return to the topic of construction contracts for a moment, focusing on provisions concerning copyright.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of May 16, 2022
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