Location of photovoltaic farms in the absence of a local spatial development plan

Abstract

Depletion of fossil fuel resources is no longer just a pessimistic vision of the future. The economy’s demand for electricity continues to grow steadily and, given the dwindling resources of traditional energy sources, makes humanity look for alternative solutions. Harvesting energy from renewable sources is becoming commonplace, solar energy being one of them. The development of technology provides more and more new technical solutions, and photovoltaic installations in the form of farms are gaining popularity in Poland. The quantity of electricity generated from them depends on many factors, i.e. not only the efficiency of the cells as such, but also the size of the area covered. In the light of the existing regulations, projects based on the development of photovoltaic systems with an area of not less than 1 hectare are classified as projects that may potentially have a significant impact on the environment, which entails the need to conduct an environmental impact assessment procedure and then obtain a building permit by the investor. The possibility of obtaining a building permit for a photovoltaic farm installation depends on obtaining a decision on land development and management conditions or a decision on the location of public purpose investment. At this stage, administrative bodies are faced with the need to decide how the required arrangements are to be made between administrative bodies. Legislative acts in force in Poland do not seem to regulate this issue in a sufficiently clear manner. This study analyses the above issue from the point of view of the existing provisions of the Spatial Planning and Development Act.