Our latest blog posts delve into the topic of spatial planning concerning the location of biogas plants. We discuss key legal aspects guiding the localization process within the Polish legal framework. The primary role is played by Local Spatial Development Plans (LSDP), and in areas not covered by these plans, decisions regarding development conditions take precedence. 🗺️
The Local Spatial Development Plan (LSDP) serves as a fundamental planning document on which the location of biogas plants is based. Before commencing the investment and construction process, it is necessary to check with the city or municipality office whether the land designated for the investment is covered by an LSDP. If such a plan exists, construction can only proceed in accordance with its provisions, which must be thoroughly analyzed by the investor. 🔍
In situations where there is no LSDP for a given area, obtaining a decision on development conditions is essential. Only compliance with the provisions of the LSDP or the decision on development conditions determines the feasibility of the investment in a particular area. This stage precedes the issuance of a building permit. 🏗️
The principles of locating biogas plants based on the Local Spatial Development Plan (LSDP) are crucial for investment decisions.
For LSDPs adopted after October 30, 2021, according to the prevailing Spatial Planning and Development Act:
🏗️ The location of biogas plants with a capacity exceeding 500 kW is only possible in areas clearly designated in the study of conditions and directions for spatial development of the municipality. If the LSDP does not designate a specific area for biogas plant construction, the building authority may refuse to issue a building permit.
🌿 The location of biogas plants with a capacity not exceeding 500 kW is also possible in areas that are not clearly designated in the study of conditions and directions for spatial development of the municipality for biogas plant construction.
These principles do not apply to LSDPs adopted before October 30, 2021.
For these MPZPs:
📜 If the LSDP was adopted after September 25, 2010, the location of biogas plants with a capacity exceeding 100 kW is permissible only if the LSDP clearly provides for the siting of such installations.
🔍 For LSDPs adopted before September 25, 2010, the location of biogas plants is also possible on properties that have not been clearly designated for the construction of Renewable Energy Source (RES) installations, regardless of capacity.
However, it is important to note that the interpretation of the Spatial Planning and Development Act, especially regarding LSDPs adopted before October 30, 2021, varies in case law and requires individual legal assessment, taking into account the specifics of each LSDP. 📚🤔
Changing the Local Spatial Development Plan (LSDP) may be necessary if the investment area is covered by an existing LSDP whose content does not allow for the location of the planned Renewable Energy Source (RES) installation. In such a case, the investor has the right to submit a request to change the LSDP.
Such a request is submitted to the village headman, mayor, or city president and registered in a special register. The responsible authority assesses the compliance of the request with the applicable study of conditions and directions for spatial development and analyzes its justification.
In a situation where the request to change the LSDP is not consistent with the study, it is necessary to first request a change to the study itself, and only then request a change to the LSDP.
If the authority accepts the request, it may be referred to the municipal council, which adopts a resolution to commence the preparation of a new LSDP or to change the existing one.
It is worth noting that the request for adoption or change of the LSDP is only a proposal, and the regulations do not specify any procedures or deadlines for its consideration. The decision of the authority is final and not subject to appeal. 🏛️🔄📝
Confirmation of Compliance with the Local Spatial Development Plan (LSDP): Step by Step
When planning an investment, the investor can apply for a certificate confirming the compliance of the planned activity with the Local Spatial Development Plan (LSDP).
Purpose of Confirmation: The purpose of the confirmation is to verify whether the planned investment complies with the current Local Spatial Development Plan (LSDP).
Requirements for Obtaining Confirmation: Although obtaining confirmation is not mandatory, it can be useful for confirming the compliance of the planned investment with the LSDP.
Impact of the Community on the Structure of the LSDP: The local community influences the final structure of the MPZP through participation in social consultations.
Elements of the Application: The application for issuing a certificate should include:
Tax payment confirmation,
Power of Attorney (if submitted by an authorized representative),
Tax payment confirmation for the Power of Attorney (if applicable).
Proceedings Process: The certificate confirming the compliance of the investment with the LSDP is issued by the mayor, city mayor, or city president in response to the investor's application. The processing time is 7 days from the date of application submission.
Validity of the Certificate: The certificate is issued indefinitely, but it becomes invalid in case of changes to the LSDP.
Fee for Issuing the Certificate: The treasury fee for issuing the certificate is 17 PLN and is payable upon submitting the application.
Appeal: A party that has been refused the issuance of the certificate may submit an appeal to the local appeals board within 7 days of receiving the refusal.
Electronic Application: The application for issuing the certificate can be submitted electronically via the ePUAP platform.
Legal Changes: The Act of July 7, 2023, introduced amendments regarding the location of biogas plants, limiting the possibility of their construction on agricultural and forest lands, and introducing new requirements regarding the location on areas covered by the Local Spatial Development Plan (LSDP).
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Decision on Building Conditions 🏠
The decision on building conditions constitutes a legal basis for the location of construction projects carried out in areas not covered by the Local Spatial Development Plan (LSDP). In such cases, obtaining a decision on building conditions is a prerequisite for later applying for a building permit.
The Purpose of the Decision on Building Conditions 🎯
The decision on building conditions serves to establish the conditions related to construction and land development, enabling the integration of the investment with the spatial order of the area.
When is Obtaining a Decision on Building Conditions Required? ⏰
Considering the typical course of the investment-construction process, the decision on building conditions is usually obtained after the investor receives the environmental decision (unless it is not required) and before submitting the application for connection conditions. It is necessary only when the investment area is not covered by the Local Spatial Development Plan (LSDP).
The elements of the application for issuing a decision on building conditions include:📑
The procedure for issuing a decision on building conditions is initiated upon the investor's request. The application should include the following elements:
📝 Identification of the applicant along with their address;
📝 Inclusion of the request content, i.e., issuance of building conditions decision for a specific undertaking.
Additionally, the investor should include the following attachments:
📄 Basic map or, in its absence, cadastral map sourced from the state's geodetic and cartographic resources;
📄 Specification of the boundaries of the land covered by the application;
📄 Description of the investment including: water and energy demand, wastewater disposal or treatment method, planned land use, building and land development characteristics, and technical parameters of the investment;
📄 A copy of the environmental decision.;
📄 Proof of payment of the administrative fee;
📄 Power of attorney, if the application is submitted by an authorized representative.
Anyone can apply for a decision on building conditions, regardless of their title to the property. It's important to note that for the same area, more than one decision can be issued, as long as they are issued for different applicants.
Procedural steps: 🔄
After the application is submitted, the authority conducts an analysis of the factual and legal status of the land intended for the investment, and also consults with collaborating bodies regarding the conditions and principles of land development and construction, as stipulated by separate regulations.
To issue a decision on building conditions, the following conditions must be met:
💧 The existing or planned infrastructure of the area is sufficient for the intended construction;
🌳 The area does not require permission to change the designation of agricultural or forest land for non-agricultural or non-forestry purposes, or it is covered by consent obtained during the preparation of the Local Spatial Development Plan (LSDP);
📏 The decision complies with separate regulations;
❌ The building intention will not be located in an area that prevents its implementation.
Obtaining a decision on development conditions is required prior to obtaining a building permit.
The duration of the proceedings ⏳
The processing time is 90 days from the date of submitting the application for the decision. In practice, this deadline may be longer.
The authority responsible for issuing the decision 🏛️
The competent authority for issuing the decision is the municipal authority – either the mayor, the town mayor, or the city president. An exception applies to conditions in closed areas, where decisions are made by the voivode.
The validity period of the decision 📅
The decision on development conditions is valid indefinitely.
The fee 🏷️
The administrative fee for issuing the decision on development conditions amounts to 598 PLN and is due upon submitting the application.
Appeal and Complaint 📝
Possible appeal and complaint procedures.
Filing an electronic application 💻
The application for a decision on building conditions can be submitted electronically via ePUAP.
Changes in the law 📜
The Act of July 7, 2023 introduced changes, including the limitation of the validity period of the decision on building conditions to five years.
In summary, our latest blog posts on the company's website focus on the localization of biogas plants in the context of spatial planning. We discuss the key legal aspects guiding the localization process in the Polish legal environment, where Local Spatial Development Plans (LSDP) and decisions regarding building conditions play a significant role. LSDP is a fundamental planning document, and its provisions are crucial for the localization of biogas plants. If the investment area is not covered by LSDP, obtaining a decision on building conditions is necessary, as it forms the legal basis for construction projects. The process of obtaining a decision requires submitting an application containing specific elements and attachments and undergoes analysis by the municipal authority. It is also worth noting that changes in the law introduce new requirements regarding the localization of biogas plants, further emphasizing the importance of strict compliance with planning regulations.
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