Lokalizacja instalacji odnawialnych źródeł energii – aspekty prawne

2021 ◽  
pp. 196-211
Author(s):  
Julia Niedziela
Keyword(s):  
Minimum Distance ◽  
Residential Buildings ◽  
Spatial Development ◽  
Development Plan ◽  
Legal Regulations ◽  
Public Purpose ◽  
Investment Location

The article analyses in detail legal regulations governing the location of wind and photovoltaic farms. It also describes the basic planning instruments adopted in Poland. The analysis includes the principles adopted in the so-called “Distance Law”, i.e. the principle of investment location based on the local spatial development plan, and the principle of minimum distance of a wind tourbine from residential buildings. Next, the decisions permitting the location of PV farm were described - the decision on development conditions and the decision on the location of a public purpose investment. The article identifies legal and factual problems related to the adoption of legal regulations and offers potential solutions.

The New Paragraph 16 of Article 148 of the Spatial Development Act

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Ivelina Velcheva ◽  
◽  
◽  
Keyword(s):  
Urban Planning ◽  
Public Interest ◽  
Private Property ◽  
Spatial Development ◽  
Legal Order ◽  
Development Plan ◽  
History Of Development ◽  
History Of ◽  
Principle Of Proportionality

This paper focuses on paragraph 16 of Article 148 of the Bulgarian Spatial Development Act, as well as on the need of establishing this new regulation, the means for applying the street regulation provided in the detailed development plan, and the history of development laws in Bulgaria. It considers the new provision in terms of its meaning for better urban planning of settlements and construction of infrastructure necessary for the development of property, such as pavements, streetlights, landscaping, etc. The legal order established by the Bulgarian Constitution is guaranteed through meeting the requirement for public interest and the principle of proportionality under alienation of private property for the purpose of applying street regulation.

scholarly journals Planowanie przestrzenne jako instrument oddziaływania na ochronę zasobów naturalnych i gospodarkę nieruchomościami

2020 ◽  
Vol 29 (1) ◽  
pp. 229
Author(s):  
Marian Zdyb
Keyword(s):  
Natural Resources ◽  
Environmental Protection ◽  
Spatial Planning ◽  
Spatial Development ◽  
The State ◽  
Legal Regulations ◽  
Human Settlements ◽  
Applicable Law ◽  
Development Plans ◽  
Local Law

<p>In view of growing threats in this respect, the protection of natural resources is undoubtedly becoming a serious challenge, both for the state and for each citizen. Therefore, this article is supposed to draw attention to the problem of searching for optimal instruments for the protection of these resources. This is about creating and developing appropriate standards in legal regulations regarding environmental protection, protection of nature, water, air, national and landscape parks, nature monuments, etc. as well as protection of natural resources in cities and human settlements. Undoubtedly, spatial planning is of paramount significance in this matter, in particular local spatial development plans and the appropriate instruments of action resulting from them. Their significance should be considered particularly important because they are generally applicable law as acts of local law.</p>

ORGANIZATION OF TERRITORIAL DEVELOPMENT PLANNING IN THE CONTEXT OF DECENTRALIZATION OF PUBLIC ADMINISTRATION: COMBINATION OF INTEGRATED, SPATIAL AND ECONOMIC APPROACHES

2021 ◽  
Vol 2021 (11) ◽  
pp. 23-38
Author(s):  
Hanna OLEKSYUK ◽  
◽  
Stepan KUIBIDA ◽  
Nataliya LYSYAK ◽  
Nazariy POPADYNETS ◽  
...  
Keyword(s):  
Community Development ◽  
Development Strategy ◽  
Time Perspective ◽  
Local Level ◽  
Spatial Development ◽  
Development Planning ◽  
Economic Planning ◽  
Development Plan ◽  
Territorial Development ◽  
Integrated Development

The complex spatial and economic planning of development of territorial communities on the conditions of their combination which will promote effective management of territories and ensure integrated sustainable development of territories for the future generations is investigated. The peculiarities of the legislation on new provisions of spatial and economic planning of territorial communities are covered, the main approaches to the development of the Comprehensive Spatial Development Plan of the Territory of Territorial Community, the Concept of Integrated Development of the Territorial Community and the Territorial Community Development Strategy are compared. The scheme of connections of elements at formation of the specified Comprehensive Plan, Concept and Strategy is constructed. The legislative level acceptance of the provisions on joint approaches to the formation of key documents of spatial and economic planning of territorial communities, the unity of land management documentation and urban planning documentation at the local level is established. It is shown that the Concept of Integrated Development of the Territorial Community is the basis and a certain “bridge” for combining the principles and indicators in the formation of the Comprehensive Spatial Development Plan of the Territory of Territorial Community and the Territorial Community Development Strategy. The formation of the Concept is proposed to be carried out on the basis of preliminary conceptual and structural modeling of endogenous potential of territorial communities that will establish the features of the existing potential by its elements (natural resources, production and infrastructure, labor, socio-cultural, etc.) that have a place in each community depending on its specific and general characteristics. It is proved that the modeling of the potential of territorial communities is carried out on the basis of establishing, integrating, uniting, combining, interpenetrating of connections and dependencies in the present time and their interpretation (design, transfer) to the appropriate time perspective (five, ten and more years).

scholarly journals How Pro-Environmental Legal Regulations Affect the Design Process and Management of Multi-Family Residential Buildings in Poland

Energies ◽  
2020 ◽  
Vol 13 (20) ◽  
pp. 5449
Author(s):  
Miłosz Raczyński ◽  
Radosław Rutkowski
Keyword(s):  
Design Process ◽  
Energy Supply ◽  
Residential Buildings ◽  
Design Phase ◽  
Legal Regulations ◽  
Extensive Experience ◽  
Number Of Factors ◽  
The Impact

This article addresses issues related to the quality of design and subsequent management of multi-family residential buildings in the context of their energy supply. The framework of the analysis carried out here are pro-environmental legal regulations currently in force in Poland. This article describes the impact of these regulations on the design process and the role of the designer. The requirements have been defined and the constraints have been identified. A number of factors directly related to the nature and parameters of the designed buildings and their location have been taken into consideration. On the basis of this study, the impact of legal regulations both on the method of energy supply in the buildings and on their later use and management have been presented. Positive and negative aspects of the analyzed regulations have been indicated and directions for their evaluation and optimization have been proposed. The research was carried out using real buildings, both completed and in the design phase. This article is based on the authors’ extensive experience in designing multi-family residential buildings in Poland.

scholarly journals Analysis of Results of Spatial Development Plans for Management of Rock Raw Material Deposits

2014 ◽  
Vol 30 (3) ◽  
pp. 43-53 ◽  
Author(s):  
Urszula Kazmierczak
Keyword(s):  
Land Development ◽  
Mining Area ◽  
Spatial Development ◽  
Development Plan ◽  
Raw Material ◽  
Spatial Policy ◽  
Development Plans ◽  
Analysis Of Results ◽  
Working Out ◽  
Area Development

Abstract This publication describes a mechanism for shaping the policy of spatial development, the final outputs of which are local land development plans determining the spatial distribution of objects of different environmental and economic functions. Land development plans guarantee a spatial order, which means not only aesthetic qualities, utility, logic, and clarity of spatial structure, but also high usability and effectiveness harmonized with nature, both nationally and locally. Working out such a plan is determined by drawing up many other planning documents. This results from the fact that spatial development should be integrated and comprehensive not only at the local but also at the regional level. What is more, the article presented the results of spatial policy at every stage of deposit management, from a deposit documentation to a post-mining area reclamation, as well as, it discussed issues connected with inadequate protection of the deposits in the planning documents. Documented rock raw material deposits must be included in a study of conditions and directions of commune spatial development (Polish: Studium uwarunkowañ i kierunków zagospodarowania przestrzennego gmin) and in a local land development plan (Miejscowy plan zagospodarowania przestrzennego), and also in voivodeship area development plans. Admittedly, this mention does not protect the deposit from being used for non-mining purposes; still, lack of it might result in failure to obtain the concession for mining of deposits, which is not possible without exclusion of land from the previous use. As for the last phase of mining activity – that is, area reclamation after mining of mineral deposits – such ans area must undergo reclamation and be prepared for development in a way that enables it to function in accordance with the study of conditions and directions of commune spatial development and in the land development plan of the particular commune. This means the necessity of amendments to these documents unless they have already defined target functions of deposit area.

scholarly journals The financial impact of urbanization costs in Poland at municipality level – the case of Wrocław city

2019 ◽  
Vol 11 ◽  
pp. 17-24
Author(s):  
Maria Heldak ◽  
Katarzyna Przybyla
Keyword(s):  
Agricultural Land ◽  
Local Development ◽  
Land Development ◽  
Spatial Development ◽  
Development Plan ◽  
Financial Impact ◽  
Social Infrastructure ◽  
Development Plans ◽  
Impact Of Urbanization ◽  
The Cost

The study discusses the problem of financial impact on Wrocław Municipality exerted by the costs of implementing decisions resulting from the selected local spatial development plans. Currently in Poland, at the stage of local spatial development plan establishment, a forecast of financial consequences is prepared. The expected own revenues and the costs of financial impact exerted on the municipal budget are presented in this document. The study facilitates making decisions about the final version of the local development plan. Taking into account the planned spatial development in the area of Wrocław city, the urbanization costs exerting financial impact on the municipal budget were identified. The study analyses only the cost of implementing investments within the scope of the municipality own tasks, including the cost of constructing municipal roads, sanitary sewerage system, water supply system, public greenery facilities and land purchase for public investments. The analyses covered two selected areas of the city, located in its different parts. These are largely uninvested areas, predominantly constituting agricultural land, and such land development requires the construction of technical and social infrastructure facilities. The anticipated costs of implementing local development plans in force in various parts of Wrocław indicate significant expenses to be covered by Wrocław Municipality in order to build sewage systems and municipal roads. Taking up new development sites is also correlated with taking over the real properties by Wrocław city, on which the implementation of public goals is planned.

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

2015 ◽  
Vol 23 (4) ◽  
pp. 5-15 ◽  
Author(s):  
Krzysztof Gawroński ◽  
Barbara Prus
Keyword(s):  
Spatial Planning ◽  
Urban Population ◽  
Surface Coverage ◽  
Spatial Development ◽  
Economic Consequences ◽  
Development Plan ◽  
Residential Areas ◽  
Housing Investment ◽  
Increasing Demand ◽  
Spatial Plan

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.

scholarly journals LOCAL SPATIAL DEVELOPMENT PLAN AS A TOOL FOR SHAPING TOWN LANDSCAPE. SELECTED ISSUES

space&FORM ◽  
2018 ◽  
Vol 2018 (35) ◽  
pp. 177-206
Author(s):  
Adriana Barbara Cieślak ◽  
Keyword(s):  
Spatial Development ◽  
Development Plan

scholarly journals THE LEGITIMACY OF PREPARING A FINANCIAL IMPACT FORECAST OF ADOPTING LOCAL SPATIAL DEVELOPMENT PLAN IN POLAND

space&FORM ◽  
2021 ◽  
Vol 2021 (48) ◽  
pp. 149-170
Author(s):  
Elżbieta Czekiel-Świtalska ◽  
◽  
Alicja Świtalska ◽  
Keyword(s):  
Spatial Development ◽  
Development Plan ◽  
Financial Impact ◽  
Legal Obligation ◽  
Municipal Governments ◽  
Legal Documents ◽  
Actual Use ◽  
Development Plans ◽  
Limited Degree ◽  
The Impact

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.

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