Poland – Response to Case 2007
Poland answer to Polderadeel case
1. What kind of regulation does apply in your country in a case like this?
Location of Highways
Location and construction of public roads is a matter of specified act on particular rules of preparing and implementing investments in the domain of public roads (2003). Initially in the period 2003-2006 this act regulated only location of state roads (highways and expressways). This act was amended in December 2006 and special rules have been exteded for loaction of all public roads. This act will remain in force till 31 December 2013. Under this act localizaction of highways is based on administrative decision – decision on highway siting – which is issued by voivode (state officer at the regional level). The procedure of localization is initatiated by the General Director of National Roads and Highways (GDNRH) who consults a draft of scheme with executive bodies of municipal, poviat and voivodeship local governments concerned and applies for issuing EIA decision.. Next, GDNR applies for decision on localization of road, issued by a voivode. This decision compulsory transfers titles to all plots placed in highway corridor to the State. Planning regulations don’t apply to highway and the decision do not have to be consistent with local plans.
Cabinet’s Ordinance of 15 May 2004 sets up the framework of highways route in Poland. National Program ‘Infrastructure and Environment’ (which is a part of National Development Plan for 2007-2013) sets up national planning policy in respect of highways. This document tentative contains highways and express ways route plan.
Location of industrial areas
Designation of land for industrial uses is a matter of a local land use plan or a decision on development conditions. Municipalities exercise the absolute power over this matter as in determining the use of corridor adjacent to highway.
Location of wind turbines
Establishment of wind turbines is not a subject of special regulations. Location of wind turbines park is also a matter of local land use plan. Regional plans do not include provisions concerning localization of wind turbines. In the absence of local plan, the conditions on development are set up, which have a form of administrative decision issued by mayor of the municipality. Wind ‘farms’ are classified as non-agricultural activities.
2 Do supra local authorities have the regulatory power regarding the location and realization of provisions like highways, industrial areas and wind turbine parks ?
As I mentioned above planning of highways in Poland is a matter of state government office (General Director for National Roads and Motorways). Currently, highways construction is financed by state budget with a significant support from EU grants and bank loans, however public-private partnership (PPP) system is being discussed today.
State government has the exclusive power in the matter of localization of all state roads. In the process of completing documents GDNRM consults with local authorities, but their opinions are not binding. And provisions of master local plans are not binding for government officer in establishing the highway corridor.
In the contrast, land adjacent to highway corridor is a subject of local plans. And municipalities have autonomy in this issue. There are no provisions in regional plans which establish land for industrial areas or wind turbine parks. In conclusion supra local authorities in practice do not have any instruments to determine location of such objects.
3 Do public authorities have the power to force developers, who own the land, to contribute in the cost of public amenities? What are the limits in this respect ?
Local municipalities have the power to collect adjacency levies from land owners. According to Land Administration Act 1997 (Sections 143 – 148A of LAA) municipalities shall collect levies upon property specially benefited by constructing the new infrastructure with participation of public funds. However this levies are imposed after finishing infrastructure projects. The municipal council sets the percentage rate of adjacency levies which can’t exceed 50 percent of the increase in the value of the property attributable to the improvements. The amount of the levy is assessed as per cent of the increase in value of property received due to infrastructure improvements.
This form of participation is not very popular and many local authorities use informal development agreements or planning obligation negotiated prior to approval of decision on development condition. It must be noted that this form of participation is not regulated by land use law.
4 In which way municipalities have the power to regulate the management of built residential areas?
The only instruments of such management are local land use plans (type and degree of building, minimum dimensions of building plots), building law regulations on the safety of constructions and private law. Beyond these limitations, private owners are free in the field of this management. Recently the government has discussed the idea of a special regulation for management of residential areas.
Miroslaw Gdesz
Regional Administrative Court in Warsaw
Institute of Spatial Planning and Housing