Local Spatial Development Plans Research Articles

Scenic values of developing city in Polish spatial planning system. Example of Rzeszów

The binding spatial planning system in Poland includes the protection of scenic values in an insufficient way. The progressive, rapid urbanization threatens the existing points and planes of passive exposure, lowering the scenic and landscape values. The paper compares various definitions of landscape and landscape values and analyzes the provisions of the current Study of Conditions and Directions of Spatial Development of the municipality of Rzeszów in terms of the identification and protection of scenic values and compares attractive landscapes with the coverage of the Local Spatial Development Plan.

Zasada ważenia interesów w planowaniu i zagospodarowaniu przestrzennym a zasada proporcjonalności. Glosa do wyroku Naczelnego Sądu Administracyjnego w Warszawie z dnia 11 stycznia 2017 r., II OSK 932/15 – aprobująca

Presented glossary to the judgment of the Supreme Administrative Court in Warsaw of 11 January 2017 (II OSK 932/15) is approved and polemic. The position of the Supreme Administrative Court has been divided that the municipal authorities may, in the local spatial development plan they formulate, restrict the rights of the owners in order to fully realize other values which they consider more important. When discussing polemics with the views expressed in the explanatory memorandum, three factors have been identified in this statement, which have determined the outcome of the findings of the local spatial development plan, the requirements of the public interest, and the future rights of third parties. As a consequence, it was recognized that the statutory principle of weighing interests – by referring to the constitutional principle of proportionality – was consistent with the system of application of the law of planning and spatial planning and shaping the correct relationship between the public interest and individual interests.

Costs of Urbanisation in Poland, Based on the Example of Wrocław

The paper deals with the issue of charging communes with the costs of realisation of the provisions contained in local spatial development plans. When such local spatial development plan enters into force, it leads to economic consequences. In Poland, these consequences are specified in the forecast of the financial impact, which contains a prognosis of own revenues as well as of costs incurred by the budget of the commune. The research consisted in the analysis of the costs of urbanisation of land located in Wrocław, in the southern part of the Krzyki district (Poland). This area is undeveloped to a major extent, consisting mainly of agricultural land, and its development requires the construction of technological and social infrastructure facilities. The expected costs of the realisation of local spatial development plans that are binding for the southern part of Wrocław demonstrate significant costs of the construction of sewage network and municipal roads. The planned development of residential districts is not supported by the existing infrastructure. Additionally, the development of new areas will require the city of Wrocław to take over the real properties on which public goals are planned to be realised. The estimated costs of land acquisition for the realisation of public goals amount to EUR 3 728 500.

Citizen Participation in Local Planning Józefosław Case Study

Citizen participation in the city development planning process is guaranteed by law in every civil society. In Poland, the participation of local communities in spatial planning has been evolving since the political transformation of the years 1989/1990. Changes that occur in the participation process are a result of the formation of civil society and a resulting increase in social awareness on possibilities of expressing one's needs and influencing planning decisions of local governments, as well as modifications in laws and regulations. The article presents the experience gathered in the field of extended social participation in the procedure of drawing up local spatial development plans, on the example of ongoing work on plans for the village of Józefosław in Piaseczno, nearby Warsaw. The problems identified in the area covered by the plans and their origins have been characterized, the assumptions of the plans, whose main purpose is to alleviate diagnosed problems and respond to the needs of the inhabitants, articulated at various stages of the planning process. Then the scope and results of the various phases of social participation – preplanning and based on formal planning procedures – have been described. The experience gained from the phase of public consultation during the preparation of local plans for the village of Józefosław allowed us to draw more general conclusions about participatory procedures specified in the binding regulations, which were included in the summary.

Manorial and Grange Complexes as a Cultural Heritage of the Agricultural Landscape in the Management of Commune Space: A Case Study of Tarnowo Podgórne, Wielkopolska

Abstract Manorial and grange complexes are characteristic elements of the rural cultural landscape; they constitute significant evidence of the farming tradition of a region. Unfortunately, nowadays these complexes have often become dilapidated, their legibility has been obliterated and there have been radical changes in the spatial context. The aim of this study was to determine whether manorial and grange complexes were given proper attention in the development and strategic plans worked out by communes. The commune of Tarnowo Podgórne, stretching along the western boundary of Poznań city, was selected as a case study and research area. An attempt is also made to recognise what protective provisions the local law makes for those complexes. The authors think that the quality of plans concerning the facilities under study is unsatisfactory. The Land Use Plan includes recommendations to protect nonexistent facilities and lists a complex located beyond the commune boundaries. Although the Plan emphasises the significance of manorial and grange complexes, there are no local spatial development plans for most of them. Some plans referring to the spatial structures under analysis are imprecise and incomplete, which results in ineffective protection.

Future of Allotment Gardens in the Context of City Spatial Policy – A Case Study of Poznań

Abstract Multifunctional allotment gardens are an important part of the green infrastructure of cities. In spite of this, they are given little attention in the plans and policies of cities. One of the major threats to the existence of allotment gardens within the spatial structure of cities is the pressure of investment, which results from an underestimation of the role of gardens. The task of preserving allotment gardens in the ecosystems of cities rests with the local spatial planning. Urban spatial policy towards allotment gardening is exemplified by the case study of Poznan. The bases for the analysis include the study of the conditions and directions of spatial planning, as the spatial policy document that sets forth the city and local spatial development plans, which are Acts of local laws.

Mikroplan zagospodarowania przestrzennego – analiza wybranych zagadnień

The article examines a new tendency in the Polish system of local spatial planning and development, i.e. the microplan of spatial development. The aim of the work is to verify whether the above-mentioned tendency is entirely compliant with the rules expressed by the lawgiver in the Act on spatial planning and development, as well as the basic principle of the planning activities – spatial order. Furthermore, the author focuses on the theoretical views on the construction of a local spatial development plan in the context of a microplan. The analysis also includes the relation between the above mentioned tendency and the rules governing the planning of self-governance as the entitlement exercised by the municipality.

Implementation of ecological network in existing conditions of municipal spatial management

Abstract Contemporary socio-economic development requires a rational and sustainable land management. The pressure for urbanization and building development, existing infrastructural barriers and creation of the new ones, contribute to fragmentation of landscape and thus increase isolation of biologically active areas. Idea of ecological network as a tool for maintaining ecological connectivity is not new and has broad theoretical bases, but implementation of this concept in real-life scenarios is very challenging. The article presents existing formal and legal possibilities of implementing ecological networks, enacted as a part of municipal spatial policy. Differentiated approach to implementation of the idea of ecological connectivity is presented on the example of two suburban municipalities Piaseczno and Góra Kalwaria. Ecological network and especially ecological corridors in these areas have varied status of nature conservation and development of investments is implemented either in accordance with local spatial development plans or, in case of lack of the plans, in accordance with development conditions decision. Analysis of changes in spatial development of the municipalities was used to identify risk areas of losing the ecological connectivity.

THE CONCEPT OF A SMART CITY IN URBAN MANAGEMENT

Analyzing the literature covering public management, the author noticed that the urban planning is a crucial fac-tor in urban development. Cities which have an adequate intellectual resources and proper institutions as well as developed infrastructure are called smart cities. According to the author, proper local spatial development plans should be applied in those cities. Crucial parts of the city, places of the highest investors interest such as technology parks, R&D companies, business incubators, technology transfer centers and industrial complexes should definitely be incorporated in these plans. The ISO 37120 Standard is the most practical method to measure a city’s perfor-mance. The factor which decides about special management is the level of investment pressure. If this indicator is decreasing then the area does not have to be covered by local spatial development plans. This elaboration aims to examine the role of the smart city in urban management. The research shows the relationships between coverage planning, investment pressure and green areas. The main result is the author’s classification of selected 34 Medium-Size Cities in Poland. The test procedure exploited taxonomic methods as Ward’s hierarchical analysis.

Selected Economic Aspects Of Adopting A Local Spatial Development Plan Exemplified By The Commune Of Tomice In Malopolskie Province

Abstract The object of this article is to analyze and asses the legal and economic consequences arising from the adoption (or change) of a local spatial development plan. The paper also presents, based on the example of the rural commune of Tomice in the Malopolska Province of Poland, how to estimate income to the commune budget from the collected planning fees. The analyses are based on planning studies, including the local spatial development plan from 2004, and the study of conditions and directions of spatial development from 2012. The council of Tomice Commune adopted the local spatial plan due to the increasing demand for residential areas. According to the plan, over 930 acres of land have been allocated for investment purposes, which is approx. 22.4% of the total area of 4,155 ha. The local plan was developed for all the six cadastral units of the commune, with one hundred percent surface coverage. The physiographic conditions and the location of Tomice Commune encourage the settlement of the urban population (from Wadowice or Krakow), which entails the need for housing investment areas. In 2012, the Tomice Commune adopted a change in the study of conditions and directions of spatial development. The proposed re-zoning of the area is in line with the policy of transitioning from an agricultural character towards the sustainable and multifunctional development of the commune. It is worth noting that the provisions of the plan of 2004 take into account the collection of a one-time fee for the sale of real estate whose value has increased as a result of the adoption of the plan. The amount of this fee for investment areas was set at the level of 30% of the increase in value, in accordance with the provisions of the Polish Act on Spatial Planning and Management. Due to the fact that the currently valid local plan has been in effect for 10 years, it can be assumed that the commune will proceed to make some changes to it. The article estimates the potentially generated income, assuming that changes in the study passed in 2012 with regards to designating land for investment purposes constitute an indication of provisions in the future local plan.

The Impact Of Changing Determinations Of A Local Spatial Development Plan On The Cadastral Value Of Real Estate

Abstract This paper concerns changes of the cadastral value of real estate connected with changes in the land use determinations of the local spatial development plan in a given area over the analyzed period of time. The research has revealed a variable course of the determinations of adopted local plans over the years, which would indicate the need to re-appraise the cadastral value of real estates, as well as recharge the tax ad valorem. To demonstrate the effects of the identified changes in spatial development plans in accordance with the assumptions of mass appraisal, the cadastral value of sample real estates located in the area of research was determined. The real estates were covered by a change of intended use resulting from adopting the Local Spatial Development Plan for the City of Krakow. The conducted research confirmed a significant change in the cadastral value of real estates subjected to evaluation. In addition, the characteristics of the knowledge base on real estates on the local market of the City of Krakow have been researched, and the valid legal acts regarding the connection of information contained in the local spatial development plan with the method of determining the cadastral value of a real estate have been analyzed.

The Influence Of Planning Decisions Regarding Land Evaluation Based On A Selected Local Real Estate Market

Abstract The article analyzes the influence of planning decisions on changes taking place on the local real estate market. Three stages of the planning process are studied in particular, i.e.: the passing of the study of conditions and directions of spatial development, the Commune Council Resolution on initiating the formulation of a local spatial development plan, and finally the Resolution on accepting the local plan, as well as the effects of these activities on the land value in a given real estate market in Stargard Szczeciński, in the West-Pomeranian (Zachodniopomorskie) Province of Poland. The object of the research is to identify the indicated relationships on a given real estate market, on which respective spatial planning stages can be distinguished, as well as the strength and course of the analyzed relationships. The study will verify the research hypothesis regarding the strength and directions of the effects of planning decisions as the direct and indirect reasons behind price changes on the real estate market. The analysis uses data from the Price Register and the District Starosty Values, along with statistical and public information data and the authors' own studies.

INVESTMENT EXPENDITURES OF LOCAL GOVERNMENT AS AN INSTRUMENT SUPPORTING ENTREPRENEURSHIP - EXAMPLE OF STANISŁAWOW COMMUNE

Local government in Stanisławów commune is taking actions to support local entrepreneurship. Statements about the need for small and medium-sized enterprises development on the territory have been noted in the municipal Local Development Strategy. According to the study, the authorities do not make full use of all available expenditure instruments to support entrepreneurship. The biggest concern of the authorities include development of technical infrastructure. In the last decade, large investments were made within expansion of water and sewage networks. Actions related to technical development are conducted on the basis of the planning documents such as the Local Development Strategy or the Study on Conditions and Directions of Spatial Development. However, only a small part of the territory has a valid local spatial development plans. Small funds are allocated for promotion of the commune. There is also missing training and counselling support to potential entrepreneurs.

European Union Funds as a Growth Stimulant of Electromobility on the Example of Electric Public Transport in Poland

The aim of the study was to analyse the dependence between nature conservation instruments and the percentage of land covered by local spatial development plans and to assess the effect of conservation areas on the type of spatial management in a commune. The material for the analyses comprised local spatial development plans, an administrative decision concerning terms of construction and land management (the WZiZT decision) and administrative decisions on location of public purpose investment projects (LPP decisions) issued in the years 2004–2012. Based on the Mosina commune (in Wielkopolskie Province) an analysis was conducted on land allocated to individual land use forms in spatial development plans as well as their distribution in relation to existing land surface conservation areas. The study investigated the issue of whether the current spatial planning approach at the commune level covering all land within the boundaries of conservation areas with spatial development plans ensures rational spatial management.

The Effect of Nature Conservation Legal Instruments on Spatial Management in a Commune

The aim of the study was to analyse the dependence between nature conservation instruments and the percentage of land covered by local spatial development plans and to assess the effect of conservation areas on the type of spatial management in a commune. The material for the analyses comprised local spatial development plans, an administrative decision concerning terms of construction and land management (the WZiZT decision) and administrative decisions on location of public purpose investment projects (LPP decisions) issued in the years 2004–2012. Based on the Mosina commune (in Wielkopolskie Province) an analysis was conducted on land allocated to individual land use forms in spatial development plans as well as their distribution in relation to existing land surface conservation areas. The study investigated the issue of whether the current spatial planning approach at the commune level covering all land within the boundaries of conservation areas with spatial development plans ensures rational spatial management.

Peripheral Rural Areas around Poznań and Their Value Measured with Economic Indicators

In the era of consumption — appropriation of rural areas located in the metropolitan region of Poznań it seems reasonable to estimate their material value. According to authors of publications on environmental services: Mizgajski, Lowicki, and authors discussing problems of sustainable development of rural areas in Poland, such as Kistowski, Matczak, and Myga-Piątek, the economic value of the natural environment is important from the point of view of geographical environment management, both at the local and regional level. The example of peripheral areas in the metropolitan region of Poznań serves to allow the authors of this study to present the approach of preparation of an economic card for the efficiency of agricultural space. The research objective was to present an evaluation of economic opportunities achievable with different classes of soils that are subject to subsequent transformations to a non-agricultural land use. The estimation of economic values based on indicators of costs and income from 1 ha of arable land, and their comparison to the indicators included in projections of financial results made for local spatial development plans allow determination of the actual value of rural areas which, as a result of suburbanization, were consumed by residential and economic stimulation.

Spatial Planning in the Tourism Economy in the Lublin Region: Aid or Obstacle?

Lubelskie Voivodship needs new stimuli of economic development, and tourism can be one of them. However, a chaotic development of this sector can bring short-term benefits, and it can also lead to numerous conflicts between various entities and have an adverse impact on the state of tourist assets. In consequence, the disadvantages can prevail over the advantages in the long term. Such a risk can be mitigated by spatial planning, specifically by local spatial development plans issued by local governments in communes.

Financial impact of adopting local spatial development plans

Under the Law on Spatial Planning and Development of 27 March 2003, many municipalities and cities in Poland are obligated to draw up a zoning plan – one of the main instruments (in addition to the budget, local development program of a territorial unit, and the feasibility study) for the implementation of local economic policy. This situation exposes local government units to considerable financial implications associated with the adoption of the plan and its consequences. In the current formal and legal reality, urbanization and space management generate huge costs, resulting in negative financial results. Failing to prepare the local plan can protect municipal budget from those costs, on the other hand, as a consequence the lack of such plan prevents rational implementation of spatial planning. This can lead to investment activities conducted under random, uncoordinated decisions, and even to urban chaos. The article makes an attempt to analyze this problem, presented on the basis of pertinent laws, and insights arising from the direct experience of the author – as a practitioner who handles the contents of local development plans daily.

ANALIZA MOŻLIWOŚCI WYKORZYSTANIA MODELI HYDROLOGICZNYCH W STRATEGICZNEJ OCENIE ODDZIAŁYWANIA NA ŚRODOWISKO MIEJSCOWYCH PLANÓW ZAGOSPODAROWANIA PRZESTRZENNEGO

The paper presents the possibility of application of the hydrological model HEC-HMS in the development of a strategic environmental assessment of local spatial development plans on surface water. The practical possibility of using simulation models of catchment response to high intensity precipitation is shown on the example of the Rozany Potok watercourse catchment which is subject to rapid urbanization process. The area of Rozany Potok catchment is 8.1 km 2 and a stream length is 5.57 km. In the years 1992–2012 there was a significant increase in impervious areas in the catchment of about 5.2 to 16%. In addition, new local spatial development plans are prepared within the catchment area. The implementation of

Planning and Environmetal Conditions for Protection of the Area of Documented Brown Coal Deposits in the Dolnoslaskie Voivodeship

STRESZCZENIE Konieczność wyznaczenia obszarów funkcjonalnych strategicznych złóż kopalin i ich uwzględ- nienia w planach zagospodarowania przestrzennego, wynikająca z dokumentów rządowych takich jak KPZK2030 powoduje, że niezbędne staje się opracowanie kryteriów delimitacji takich obszarów oraz związane z tym przeprowadzenie analizy uwarunkowań w obszarach udokumentowanych złóż węgla brunatnego, uwzględniających pełen zakres kryteriów (geologicznych, górniczych, przestrzennych, środowiskowych, społecznych oraz gospodarczych i innych) z zastosowaniem metody, która charak- teryzowałaby się jak największym obiektywizmem ich oceny. W pracy zaproponowano wykorzys- tanie metodyki opartej na wielokryterialnej analizie hierarchicznej (Analytic Hierarchy Process - AHP) w celu określenia istotności uwarunkowań środowiskowych i planistycznych w generowaniu konfliktów z ochroną i potencjalną eksploatacją złóż węgla brunatnego. W szczególności w celu wskazania uwarunkowań i obszarów najbardziej i najmniej konfliktowych w granicach udoku- mentowanych złóż. Badania, poprzedzone charakterystyką uwarunkowań środowiskowych, analizą ustaleń studiów uwarunkowań i kierunków zagospodarowania przestrzennego gmin oraz pokrycia obszarów złóż miejscowymi planami zagospodarowania przestrzennego wykonano na przykładzie dolnośląskich złóż węgla brunatnego ze szczególnym uwzględnieniem złoża Legnica. Stwierdzono, że do najistotniejszych uwarunkowań środowiskowych i planistycznych ograniczających możliwość ochrony i eksploatacji złóż węgla brunatnego należą przyrodnicze obszary chronione (waga 0,19), zabytki kultury (waga 0,14), obszary zabudowane (waga 0,09) oraz wody podziemne i powierz- chniowe (wagi po ok. 0,09). Rezultaty te mogą posłużyć do wyznaczenia obszarów charaktery- zujących się największą (współwystępowanie różnych i najistotniejszych form przeznaczenia terenu) i najmniejszą konfliktowością, a przez to do wspomagania prowadzenia zrównoważonej polityki przestrzennej na wszystkich poziomach administracji publicznej.