Changes in the location of the PV installation
Expert insights
Łukasz Dziamski, Partner at HANTON Kancelaria Prawna
On March 24, 2023, the Council of Ministers presented a proposed amendment to the Spatial Planning and Development Act to the Sejm, the lower house of the Polish parliament. This amendment aims to bring about several changes related to the implementation of renewable energy source (RES) projects and the establishment of energy storage facilities. The primary goal of this reform is to streamline, expedite, and standardize spatial planning procedures.
Numerous significant adjustments to the planning process are being outlined. One of the most notable changes involves replacing the existing “study of conditions and directions of spatial development” with a new planning tool known as the “general plan.” As per the proposed act, the general plan will be a legally binding document on the local level. The provisions within this plan will need to be incorporated into local spatial development plans and decisions regarding development conditions. This general plan is slated to be adopted by each commune by the conclusion of 2025.
The primary purpose of the general plan is to define the functional and spatial arrangement of each commune through the delineation of planning zones. These zones could encompass various categories, such as infrastructural zones, economic zones, and multi-functional zones with multi-family housing. Furthermore, each zone will have its own specific functional profile, which could involve areas like transportation, water, landscaped green spaces, and technical infrastructure within a maximum area of 0.5 hectares. Consequently, the identification of distinct planning zones and their respective scopes will determine the feasibility of implementing RES projects.
In the context of locating renewable energy sources and energy storage facilities, a notable addition is found in Article 14, section 6a, point 2 of the draft act. This provision stipulates that alterations to the spatial development of land designated for renewable energy source installations with a capacity exceeding 150 kW will only occur based on the local spatial development plan. Specifically, this change pertains to land use modifications related to renewable energy source installations not integrated with buildings and situated within the designated areas.
- RES installations can be located on agricultural land of classes I-III and forest land.
- On agricultural land of class IV, RES installations with an installed electrical capacity exceeding 150 kW or those used for electricity generation business activities can be established.
- On land that doesn’t fall under the categories mentioned in points (a) and (b), RES installations with an installed electrical capacity exceeding 1000 kW can be established.
However, the proposed amendment also encompasses the introduction of a streamlined procedure for the adoption of local plans. This aims to facilitate the designation or alteration of locations for Renewable Energy Source (RES) installations, or the removal of restrictions on solar energy-based installations or micro-installations according to the Renewable Energy Sources Act of February 20, 2015.
The simplification of the planning process entails several measures, including simultaneous application to all relevant authorities and entities responsible for opinions and arrangements. It also involves shortening the issuance time to 14 days, limiting forms of social consultations, omitting the stage of collecting applications for the local plan, and importantly, allowing the voivode (regional governor) to determine the possibility of using the simplified procedure. Consent issuance will hinge on their evaluation of whether the criteria set out in the Act are met.
Yet, streamlining planning procedures isn’t the only focus. The amendment package will also introduce a new tool known as an Integrated Investment Plan (IPP). The primary premise of the IPP is to enable joint implementation of an investor’s project with the local community. Leveraging the ZPI (Integrated Investment Plan) and the associated urban planning agreement, investors can negotiate planning conditions for specific land areas, including those related to energy installations. The ZPI is envisaged as a simplified version of the local spatial development plan.
Decisions on development conditions (WZ) are typically issued only for areas designated for development supplementation, as determined by the local community within the general plan. Under the new rules, these decisions will need to align with the master plan and will remain valid for five years from their finalization date. Notably, GM (voivode) decisions for RES installations can also be issued outside the areas designated for development supplementation, including in communities that have not established such zones within their general plans.
These changes herald a potential revolution in both local plans and decisions on development conditions. Given the constant flux of economic and energy circumstances, it is hoped that this amendment will effectively address planning complexities and ease the implementation of essential projects. As per current indications, the bill is anticipated to be ratified by the conclusion of the first half of 2023.
HANTON
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Lukasz Dziamski
Partner at HANTON Kancelaria Prawna