2. Legal framework of spatial planning

In 2003 the presently binding Act on Spatial Planning and Management was passed. Despite the changes, the general principle stating that communes develop spatial policy was kept. The citizens became subjects of spatial planning and could take a more active stand in its creation. Internal sea waters, territorial sea and an exclusive economic zone were included in the scope of planning and spatial management. Simultaneously, some of the planning procedures were simplified, especially those which limit the possibilities of unjustified postponement of investment. Those changes also increased the precision and clarity of plans, so that they could provide a basis for issuing a planning permission. At present the works on another amendment to the bill on spatial planning are in progress. The suggested changes tend to further simplify planning procedures, but also (unfortunately) to limit the role of social participation.

Besides The Act on Spatial Planning and Management from 2003 there are many acts of law of national significance, which are or can be used as an additional tool in the execution of that policy. The most important ones are:

  • The Act on Environmental Protection and Management,
  • The Act on Wildlife Conservation,
  • The Act on Highways (public roads),
  • The Act on Paid Motorways,
  • The Act on Building Law,
  • The Act on Geological and Mining Law,
  • The Act on Real Estate Management,
  • The Act on Consolidation and Exchange of Agricultural Plots,
  • Energy Law,
  • Forest Law,
  • The Act on Protection of Cultivable Land and Conservation of Forest Soils,
  • The Act on Maritime Areas and Maritime Administration of the Republic of Poland,
  • Law on Use and Conservation of Inland Waters,
  • The Act on Sanitary Inspection,
  • The Act on Preservation of Cultural Goods. 

In all of those acts there are many references to The Act on Spatial Planning and Management as well as self-contained norms, which influence spatial management. The latter refer particularly to the possibilities of constituting different forms of protection from the position of public administration, i.e. services of:

  • Nature Conservation Officer,
  • Conservation Officer,
  • Minister and voivode proper for protection of cultivable land, water management, flood control, territorial waters, health resorts, state protection, etc.

Spatial policy at the national, regional and local level is increasingly based on development strategies. Strategies cover mainly economic and social determinants. That view makes many towns and regions decide to have a development strategy drawn up, even though such studies are not legally required. However, it does have to do with the procedures connected with utilizing funds of European Union. Since the 90's cities/towns and communes and since 1999 also regions develop and enact strategic documents including some guidelines for the spatial plans. Similar documents, but of a less obligatory nature, are made for counties.

At the national level spatial policy of the State is supplemented by planning works conducted by some departments, among other things in the domain of transportation, water management, power industry, forestry or wildlife conservation. The stronghold of the departments' activity is a systematic observation of the development state of affairs, especially in case of monitoring the environmental pollution, condition of the transportation system and others.

Thanks to public/governmental undertakings at the central and voivodship level, national and landscape parks, nature reserves and protected landscape areas are appointed. Furthermore, registers of historic buildings are created. They often cover valuable architectural-urban complexes. For some areas preservation plans and plans of protection appliances are made.

 The Polish system of spatial planning, due to its statutory authority in many of the so called detailed acts, reveals numerous legal loopholes, which cause that the planning regulations are not able to control all the disadvantageous occurrences arising from a spontaneous development. The most important of them are: lack of spatial norms for agricultural/farming buildings and farming processing industry, almost unlimited freedom in dividing cultivable land into plots, weak and missing executive resolutions concerning the environmental protection and others.

Moreover, quite a substantial autonomy of communes as far as spatial management is concerned, leads to the avoidance of introducing planning decisions by the commune boards. It happens in order not to restrict the private sector and thus to have the inefficient planning structures rebuilt. In that area of regulations the balanced direction of development becomes very difficult to carry out. The short-sightedness of the operations run by communal bodies and individuals often causes wasteful exploitation of natural resources and consequently speeds up the pace of nature degradation without the necessary awareness that imperfect and uneconomical forms of management may cause huge exploitation costs in the future.