Municipalities have the opportunity to increase the land available for housing development
A municipality that develops a new development strategy before the general plan will be able to increase the demand for new development in the general plan than it results from the regulation, and thus depart from the development absorption model.
- If, before adopting the general plan, the municipality prepares a development strategy based on the new regulations, then if the strategy shows that it would be justified to depart from the result regarding the demand for new development provided by the regulation, this can be done, justifying this decision - says legal counsel Agata Legat.
Only larger cities that have sufficient potential, including staffing, to handle such activities on their own can afford to prepare both a strategy and a general plan, says Dr. Tomasz Majda, president of the Society of Polish Urban Planners.
The 2023 spatial planning reform obliges municipalities to adopt general plans by 30 June 2026, i.e. new planning documents replacing the study of conditions and directions of spatial development.
Defining the demand for new housing development in the commune's development strategy will allow for increasing the opportunitiesPursuant to Article 13b of the amendment to the Act on Spatial Planning and Development and certain other provisions of July 7, 2023, the provisions of the general plan are determined taking into account the conditions of the spatial development of the commune, in particular the spatial policy of the commune specified in the commune development strategy or supra-local development strategy.
Legally, a municipality can adopt its first general plan without a municipal development strategy, but this will have consequences . If a municipality prepares a general plan without a strategy, then in such a situation, with regard to land designated for residential development in the general plan, the municipality will not be able to deviate from the formula for the absorption capacity of undeveloped land and the demand for new residential development, which results from the regulation.
"- says legal counsel Agata Legat, adding: "However, if a municipality develops a municipal development strategy based on new regulations before adopting the general plan, then if this strategy indicates that it would be justified to depart from the result regarding the demand for new development provided by the regulation template, this can be done, providing a justification for this decision . In summary, for some municipalities, adopting a municipal development strategy before the general plan would allow them to allocate more land in the general plan for residential development than is permitted by the regulation template, " she adds.
Legal counsel Agata Legat emphasizes that the definition of the demand for new housing development in the commune’s development strategy is not limited by any indicator .
The strategy must explain why the municipality believes the demand for housing will be higher than the mathematical formula suggests. Therefore, the municipality may specify in the strategy that investments will be implemented within its area that will result in a significant increase in the population, such as new apartments or a factory that will create new jobs.
- he explains.
Dr. Tomasz Majda, President of the Society of Polish Urban Planners, emphasizes that the area to be expanded in the general plan is shaped algorithmically, so there is little scope for expanding this area, while the ranges assumed when calculating the coolness of undeveloped areas are so large that these calculations will almost always yield the area expected in the municipality.
Depending on the assumed absorption capacity, we can designate such a large zone for residential development, but the boundaries are determined algorithmically, which means there is no possibility of influencing them
- he explains.
However, as he points out, the municipality's expansion of the development area is influenced by the demand for new development, for example, due to a significant influx of new residents. Therefore, it is sufficient to change the strategy, specifying that the number of residents will increase dramatically and for what reason, to designate in the general plan the area for residential development that is expected in the municipality.
"Not only for development land, but also for non-legal reasons, it's better to first have a municipal development strategy that determines where we're headed and what we want to achieve, and then adapt the general plan to that strategy. It's the municipal development strategy that determines the future directions of the municipality's development, and the general plan will be the first step in implementing this strategy," says legal counsel Agata Legat, adding:
- However, the legislator was aware of the fact that there was little time to adopt general plans, and therefore did not oblige municipalities to develop new strategies before the adoption of general plans .
Most municipalities decide to adopt a general plan first.President Dr. Tomasz Majda also emphasizes that adopting the general plan first and then the strategy is not implemented in the correct order.
Most municipalities work first on the general plan, but some also work on the municipal development strategy and the general plan in parallel. Some cities, like Warsaw, are even working on two strategies: local development plans and the municipal development strategy. This is an interesting undertaking when three documents are being prepared for the same area at the same time.
- says President Dr. Eng. Tomasz Majda.
However, he adds, only larger cities can afford to prepare both a strategy and a general plan simultaneously, as they have sufficient potential, including the human resources, to handle such activities on their own. Outsourcing the strategy to an external company and the general plan to another is a recipe for failure.
In Rzeszów, for example , a municipal development strategy is being prepared concurrently with the general plan . "Since strategies are currently intended to be integrated with general plans, and in our city, the strategy expires in 2025, we are currently preparing both the strategy and the general plan in parallel. Furthermore, these documents are developed by the same team, the City Development Office, which positively impacts their substantive content," says Professor Jacek Strojny, Vice-Chairman of the Rzeszów City Council.
However, some municipalities assume from the outset that they will update the general plan in the following years.
Some municipalities have secured or are securing only the bare minimum in their general plans so that they can then truly rethink their spatial policy in the strategy and subsequently adapt the general plan regulations to the new strategy. This is probably the most sensible approach at this time, in terms of substantive approach, but it carries negative financial consequences for the municipality, as the general plan must be prepared twice in a short period of time.
- explains President Dr. Eng. Tomasz Majda.
