Local Spatial Development Plans Research Articles

Planning protection of Ciechanow castle versus contemporary exposition in the landscape

The castle in Ciechanow is classified as a Gothic castle of the lowland type. The building, which is an example of defensive architecture, is located to the north of the historic urban layout of the Ciechanow centre. At present, the castle is covered by the following forms of protection: protection for the Natural and Landscape Complex "Łydynia River Valley”, provisions of the Local Spatial Development Plan and an entry in the Register of Historic Monuments. The authors of the paper analyse the legal regulations concerning the castle and their impact on the contemporary castle’s exposition in the landscape.

Opiniowanie miejscowych planów zagospodarowania przestrzennego przez wojewódzkich inspektorów ochrony środowiska w związku z lokalizacją zakładów zagrożonych poważną awarią

The article deals with the issuing of opinions on local spatial development plans by the voivodeship environmental protection inspector in connection with the location of plants at risk of a serious accident. The article analyses in detail the regulations in the aforementioned field. The following conclusions were adopted:1. Not in every case is the local spatial development plan referred to the voivode-ship environmental protection inspector for an opinion;2. after the commune council adopts a resolution to begin drawing up the local plan, it is the commune head, mayor or city president that decides to apply to the voivodeship environmental protection inspector for an opinion on the draft plan, provided that the plan allows the location of plants posing a risk of a serious in-dustrial accident;3. should the head of the commune, mayor or president not request that the voivodship environmental protection inspector issue an opinion on the draft plan, this will constitute a violation of the plan preparation procedure if the plan allows the location of plants posing the risk of a serious industrial accident;4. issues related to the deadline for giving an opinion and its extension are regu-lated in the Act on Spatial planning and development, which regulations constitute a lex specialis to the Code of Administrative Procedure;5. any failure by the commune head, mayor, city president to take into account the negative opinion of the voivodeship environmental protection inspector, based on specific regulations concerning the location of plants posing the risk of a serious industrial accident, is a violation of the law.

The outcomes of the activities of the Voivodeship Office for the Protection of Monuments in Wrocław in the perspective of cultural security from the local point of view in the years 2015-2019

The aim of the article is to determine and evaluate the effects of the activities of the Voivodeship Office for the Protection of Monuments in Wrocław related to the implementation of tasks in selected areas of protection and care of monuments in the Dolnośląskie Voivodeship in the years 2015-2019. In the study, research methods such as critical analysis of the scientific literature, analysis of legal acts and – to a large extent – analysis of documents are applied. The diversity of the outcomes of the activities of the Voivodeship Office for the Protection of Monuments in Wrocław in the described area was determined. Administrative activities concerned the necessity to enter non-movable monuments into the register of monuments at the request of the owner or the entity in charge of that monument, making new entries in the voivodeship register of monuments or recommending changes in local spatial development plans to local government units. Issuing of permits for conducting archaeological research dominated the issues related to the regulation of other legally permitted activities in relation to monuments. The great activity of the Voivode-ship Office for the Protection of Monuments in Wrocław related to issuing conservation recommendations has been demonstrated.

Spatial Chaos in the Airport-Proximate Areas - Case Study of Gdansk Lech Walesa Airport

Abstract The airport may be an opportunity for the development of airport-proximate areas, as well as a source of conflicts and nuisances for stakeholders. From the perspective of spatial order and sustainable development, it is necessary to create a coherent vision of the development and operationalize it via spatial management. This article aims to analyze spatial management in areas proximate to Gdansk Airport in the context of spatial chaos. The analyses are based on 232 local spatial development plans for the period 1996-2020, for 11 selected areas in the vicinity of the Gdansk Lech Walesa Airport, documents obtained from the local government, and open-source data. The research concentrates on the analysis of the functions of areas, spatial chaos, and the threat of potential conflicts. The results demonstrate the spatial chaos in proximate areas of Gdansk Airport. This implies that the decisions made by the authorities responsible for spatial management do not respect spatial order and sustainable development and contribute to spatial chaos.

The Cultural Ecosystem Services as an Element Supporting Manor Landscape Protection

Nowadays, agricultural landscapes of suburban zones may undergo rapid urbanization that destroys their identity. This phenomenon is particularly problematic for areas connected compositionally with historical residences. The aim of the research is to determine a framework for urban policies appropriate for cultural landscapes of agricultural origin associated with significant historic palace-garden complexes. As an example of such a landscape, the area around the historic Wilanów residence was chosen for study. The research focused on the degree of preservation of the agricultural surroundings of this historic site, the directions of contemporary urban policies towards it, and its potential to provide cultural ecosystem services to local residents and tourists. The research showed that the character of the landscape under study is changing—apart from cultivated fields, wastelands have appeared, indicating a gradual abandonment of agricultural use. The analysis of local spatial development plans confirmed that many fragments of the landscape are not sufficiently protected, which causes their degradation. The study of the potential of this area to provide cultural ecosystem services using statistical methods proved its many values: aesthetic, cultural, educational, spiritual, recreational, and touristic which predestine it to perform Urban Green Spaces and Informal Green Spaces functions. The research was compared to the findings of other authors, studying analogous landscapes. Based on our results, general guidelines were developed for further protection and maintaining function of cultural landscapes of agricultural origin associated with significant historic palace-garden complexes in similar situations to that of Wilanów.

Obowiązek jednoznacznego określenia przeznaczenia terenów w planie miejscowym w kontekście interpretacji pojęć nieostrych lub o szerokim zakresie znaczeniowym. Glosa do wyroku NSA z dnia 13 lutego 2020 r., II OSK 893/18

This commentary discusses the case of the assessment of the plan’s compliance with the study of land use conditions and directions of land development, the issue of interpretation of the concepts of the blurred definitions and general clauses, and in the context of all provisions, the essence of the local plan and its effects on the addressees of this act. Refraining from repeating the planning procedure to the extent necessary is a significant violation of the procedure for preparing the local plan and results in the annulment of all the provisions of the local plan relating to the areas designated in the plan for which the violation occurred. The obligation to specify the intended use of the land in the local spatial development plan means the necessity to specify the method of its future development and use through such expressions that clearly indicate what function a given area is to perform. This does not mean, however, that the same area cannot have different purposes in the plan, and thus it is unacceptable to establish different functions for one area. The condition for such a solution is to establish that these functions are not mutually exclusive and are not contradictory. The above argumentation indicates that it is unacceptable to use multi-significant terms in the text part of the plan that may lead to inconsistent results of their interpretation and pure arbitrariness of legal uses.

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

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.

Building and Biologically Active area Indices in Developers’ Investments – Theory and Practice

Abstract Development activity in Poland is regulated by many legal provisions, but one of the most important acts for the implementation of developers’ projects is the Act of March 27, 2003 on spatial planning and development. The Act includes, among others, procedures for the preparation and scope of local spatial development plans. One of the parameters significant from the point of view of housing development which these plans define is the minimum and maximum intensity of development and the percentage of biologically active space that should be preserved on a property covered by the investment project. The article adopts two research goals. Firstly, it is an attempt to verify, using examples of selected developers, whether they, as profit-oriented entities, decide to develop the property as much as possible or to keep more undeveloped space, which is a more desirable phenomenon from the environmental point of view. Secondly, an attempt will be made to determine how developers in Poland create a biologically active surface in their projects. Based on desk research, it was found that, among the discussed cases, there is no evident tendency to maximize the permissible built-up areas and the created biologically active areas are sparse and not diversified.

Budowa domów rekreacji indywidualnej a zasada zrównoważonego rozwoju

Construction of individual recreation houses and the principle of sustainable development The article analyzes the issue of conditions for the construction of individual recreation houses and their influence on the realization of the principle of sustainable development. While the construction works may be carried out through a pre-construction notification of works, which is a faster and more informal procedure, the location of individual recreation houses is regulated by general conditions. This means that such development must comply with the local zoning plan. In the absence of such a plan, the location takes place on the basis of a decision on land development conditions. The implementation of the principle of sustainable development and the requirements of environmental protection is performed under the local spatial development plan. In reference to the decision on the conditions of development, the realization of this principle occurs to a much lesser extent.

Application of the building cohesion method in spatial planning to shape patterns of the development in a suburban historical landscape of a 'village within Kraków'

This paper focuses on the impact of urban and suburban spread on the preservation of the cultural heritage and landscape of suburban villages with historical cores. It is a case study of a once village of Bronowice Małe the rural structure of which has been listed as a protected heritage site by the municipality. The area is under a severe development pressure because of its attractive location within Kraków’s city limits. Extensive historical studies determined the archetypical Bronowice-style house, which is a modern continuum of traditional wooden architecture in the area, referred to as the Bronowice-style cottage. With the typical features of the archetype defined, the authors developed an original method, a combination of field survey and numeric taxonomy to assess the percentage consistency of new housing buildings with traditional building standards in Bronowice Małe. The results show that despite legal protection with local acts of law and listing of the area as a heritage site, the development pressure in the area is extreme. Housing estates are constructed illegally and at variance with the character of buildings that make up the historical core of the village. The field research identified dynamic growth in multi-family buildings even though the local spatial development plan provides for single-family housing only. The results have demonstrated that the proposed method for assessing development consistency with the traditional standard is universal. It significantly streamlines work with cultural heritage and with developing local spatial development plans. It further builds awareness among residents, planners, and administration officers regarding improved protection of cultural heritage

Undeveloped non-investment land properties versus designated for single-family housing, as illustrated with the example of the Niepołomice municipality

The Niepołomice municipality is located approx. 25 km from the center of Kraków and directly adjoins the Kraków agglomeration from the south-east. Its natural boundaries are marked by the Vistula River and the Niepołomice Forest. The municipality of Niepołomice is highly attractive to investors, which is due, inter alia, to lower real estate prices compared to the neighboring city of Kraków (the capital of the voivodeship), the presence of an industrial zone that guarantees numerous jobs, good transport connections with Kraków, and a substantial amount of green and recreational areas. The market of undeveloped land in Niepołomice is dynamic and very diverse, but when the transactions are grouped according to their designated functional purpose in the local spatial development plan, certain trends characteristic of a given group of transactions can be observed. In the present study, we attempt to compare the market of undeveloped non-investment land properties (with intended land use in the local zoning plan defined as agricultural land, green areas, etc.) and those designated for the development of single-family housing, across the entire Niepołomice municipality, on the basis of transactions made in the local real estate market dur- ing the 2020–2021 period.

Possibility to transform a housing complex built in industrialized technology in the context of the Local Spatial Development Plan on the example of the Władysława Łokietka Estate in Wolbrom

Possibility to transform a housing complex built in industrialized technology in the context of the Local Spatial Development Plan on the example of the Władysława Łokietka Estate in Wolbrom

Local Spatial Plans as Determinants of Household Investment in Renewable Energy: Case Studies from Selected Polish and European Communes

Although many factors affect the investment of individual households in renewable energy sources, we highlight one of them: the local spatial development plan. It is one of the planning tools for implementing development policies at the local level. Since it is on the basis of local spatial plans that investments are carried out on the ground, their role in the implementation of renewable energy sources is one of the most important. This article presents the results of a study of local spatial plans in terms of facilitating, on the one hand, and limiting, on the other hand, the implementation of various renewable energy investments. To a large extent, the focus was on examples of planning acts adopted in Polish communes, but they were compared with examples from other European countries. The authors focused on qualitative assessment, taking into account the regulations applicable to all investors, containing generally binding standards, which specify the development’s land use and detailed building principles. The conclusions include recommendations for the provision of local development plans.

Legal-comparative aspects of expropriations on the example of legal regulations in Georgia and Poland

In both the countries, i.e. Poland and Georgia, administrative bodies carry out expropriations not only on the basis of individual administrative acts, in accordance with the classic concept of expropriation, but also through planning acts. Derogation from this right in whole or in part is therefore a consequence of legal action of the administration. In the case of expropriation, deprivation of property may in fact “result from actions by the state which, although not directly aimed at depriving the owner of its property rights (in other words, as a result of which the owner does not lose their legal title to the property), yet they have the same effect, not only in fact, but also in law, as expropriation in the formal sense” . However, such significant public interference is not considered expropriation and is therefore not accompanied by any adequate compensation. In its jurisprudence, the European Court of Human Rights regularly emphasises that in order to assess whether an expropriation has taken place, one should rely not only on formal but also material considerations, and the limitation on the possibility of exercising this right by the local spatial development plan meets the conditions for interference with the ownership of real estate within the meaning of Article 1 of Protocol No. 1 to the European Convention on Human Rights.

ZASADNOŚĆ SPORZĄDZENIA PROGNOZY SKUTKÓW FINANSOWYCH PRZYJĘCIA MIEJSCOWEGO PLANU ZAGOSPODAROWANIA PRZESTRZENNEGO W POLSCE

Since 2003 in Poland, it has been obligatory to prepare forecasts of the financial impact of adopting local spatial development plans. Whether or not the forecasts are put to actual use and what their content and presentation form should feature, in addition to what role should the forecast play and who should be able to make use of it? This study presents the results of a series of interviews and a survey performed among a group of municipal officials. Legal documents and the literature were analysed as well. Studies have shown that financial impact forecasts are used by municipal governments only to a limited degree. Many have expressed doubts as to the feasibility of preparing and using these forecasts. Specifically, most municipal governments do not make use of these forecasts and they are prepared only because it is their legal obligation to include them as a document added to the local spatial development plan. Due to the significance of the impact of the financial implications of adopting a local spatial development plan on a municipality's budget, it is necessary to change the approach to preparing and presenting financial forecasts.

Challenges of Spatial Planning in Poland in the Context of Global Climate Change—Selected Issues

Contemporary spatial planning struggles with many difficulties resulting from, inter alia, ongoing climate change. Ongoing environmental transformations pose many challenges for spatial policy across the entire globe. The aim of this paper is to analyse the effects of climate change on urban spaces in Poland and to answer the question of whether planning practice promotes adaptation to climate change and, if so, to what extent. This paper uses a descriptive and comparative research methodology to interpret planning provisions used in selected local spatial development plans in terms of the arrangements that aim to prevent the negative consequences of climate change. The subject of the analysis is the content of general and detailed plans defined in the texts of the examined resolutions of applicable local plans in the Lower Silesia and Greater Poland voivodeships. This study assessed the validity of applying specific planning provisions. This interpretation was determined on the basis of a review of the current provisions in the Polish law, literature on the subject, as well as the author’s own professional experience in the field of spatial planning. The quantitative and qualitative research results are summarized in a table and also examined and described in detail. Examples of planning records that were used in the analysis of local plans are cited and compared. Finally, the adaptation challenges posed to spatial planning in Poland at the local level (communal) based on the obtained quantitative data on the issues were studied.

Investments in Renewable Energy Sources in the Concepts of Local Spatial Policy: The Case of Poland

The paper aims to determine the role and formula of investments in renewable energy sources in Poland’s concepts of local spatial policies. It analyses 12,777 planning documents of local spatial policy (these are resolutions adopted by municipalities—in Poland there are two types of these instruments: studies of spatial development conditions and directions and local spatial development plans) in Poland enacted in 2005–2020. On this basis, local concepts were classified and related to the geographical and functional characteristics of municipalities. Poland is an interesting case study in this respect, providing a good reference point for broader international considerations. It was found that only 58.4% of Polish municipalities include renewable energy sources in their spatial policy concept. These are definitely more often urbanised municipalities. The degree of approach to renewable energy sources is also determined by the location of the municipality in the given province. The authors diagnose serious weaknesses in the Polish spatial planning system, consisting in the lack of skilful implementation of renewable energy sources into it. This is one of the reasons for the weaker development of renewable energy sources in the country. The authors consider as an innovative element of the research the analysis of the content of all spatial policy instruments in a given country, from the perspective of renewable energy sources, including proposing a way to verify these instruments.

Evaluating the use of the landslide database in spatial planning in mountain communes (the Polish Carpathians)

Landslide hazards and risk assessment should be a basic tool in risk management, as well as an integral part of spatial planning, especially in mountain areas The study addresses the problem of inappropriate allocation of land for residential and economic functions in terms of landslide hazard. The research covered the area of the Polish Carpathians within voivodships of Małopolskie and Podkarpackie, in which there are 201 communes. The occurrence of landslides in relation to existing and potential residential areas was examined in detail for 14 selected communes. This area due to their geological structure and relief is prone to landslides in inhabited areas. The current vector databases of landslides (the Landslide Counteracting System-LCS, SOPO Polish acronym), data on planning coverage in communes (Ministry of Development and Central Statistical Office of Poland), location of existing buildings (Database of Topographic Objects, BDOT, Polish acronym), and range and purpose of local spatial development plan (LSDP; Geo-System) were used. A high natural hazard of landslides in the 14 analysed communes in the Polish Carpathians (1–23% of the communes area) was demonstrated, as well as faulty spatial planning related to the designation of land for development in local plans (up to 11% on landslides). Dissemination of knowledge about landslide locations and threats and proper spatial planning is the most effective form of reducing the risk of landslide losses. Landslide data and maps should be made widely available to local communities, along with information on planned land use. It is necessary to raise landslide awareness among local communities with information campaigns and to consider scientific arguments in the elaboration process of the LSDP, and while accelerating the process of updating them.

Parking Policy as a Tool of Sustainable Mobility-Parking Standards in Poland vs. European Experiences

Contemporary cities generally lack the balance between the development of the spatial structure and the communication possibilities of the inhabitants. The high motorisation rate in Poland, as well as in other European countries, and the preferred choice of individual means of transportation have both contributed to a significant increase in congestion over the last 10 years. The aim of this research was to try to establish to what extent a consciously conducted parking policy can help control the mobility of inhabitants of selected Polish cities. The starting point for the analysis was the availability of parking spaces in residential areas, introduced as an imposed indicator in the operative planning documents. As part of the research, the authors of this paper analyzed the legal provisions of the operative Local Spatial Development Plans (MPZP) concerning the parking function for housing estates five of the biggest cities in Poland. The results were confronted with data on selected European cities. Nearly 550 planning documents from the years 2000–2019 and parking standards operating in individual countries were cataloged and analyzed. The research results show that for 20 years Polish cities have mainly been using the possibility of determining the minimum rate of parking spaces. Regulations attempting to limit the number of cars are incidental. However, this is a necessary direction of legislative changes.

Impact of Land Use Change on the Value of Tourist Property

Purpose: The aim of the study was to assess the impact of land use change for tourism-related purposes on their value. The research was carried out in the West Pomeranian Voivodeship. The period of the research covered the years 2014-2019. The research covered all Polish communes, in which the land use was changed for tourist or recreational activities. The analysis covered the years 2014-2019. Design/Methodology/Approach: The resolutions of individual councils' communes regarding the change of the local spatial development plan in the scope of changing the use of the real estate for tourism were analyzed (in communes, where the local spatial development plan was in force). The analysis also included decisions authorizing the exclusion of land from agricultural or forestry production issued by executive bodies of communes. The research concerned the years 2014-2019 and covered all Polish voivodeships. To analyze changes in the land value due to the adoption or change in local spatial development plans, as well as to issue a decision authorizing the exclusion of land from agricultural and forestry production, data from estimation reports prepared for calculating the planning fee in the years 2014-2019 were used. For better result presentation, data on individual communes were presented at the level of voivodeships. Findings: Based on the conducted research, it can be concluded that change in the purpose of the property for purposes related to conducting agricultural activity results in increasing its value. Practical Implications: The article contains much valuable information, which may constitute the base material and reference further research conducted by scientific specialists studying the agricultural land market. The article can assist those wishing to invest in agricultural real estate and pursue tourism investments. Originality/Value: An analysis of changes in real estate value due to a change in its purpose to the tourist one may be an essential element in forecasting the financial consequences of adopting or changing the local land use plans.