The article presents basic changes introduced in the first edition of the governmental Urban Planning and Building Code. The changes regard spatial development, especially planning and permit documents, and competences of the governmental bodies in accepting, legislating and issuing such documents. In this respect, the article points out important regulations for the mining industry, in particular for deposit protection and the initiation of mining projects. In certain cases, critical opinions of some of the governmental institutions are mentioned. In a new document regarding the “Spatial Development Study of a Community”, the draft of the Code orders a division of the community into functional zones. Therefore a mining and extractive industry could be delimited as a functional zone. The Code also specifies that while delimiting a new urbanization area, the documented mining deposits areas should be avoided. In relation to the local spatial plan, the Code establishes the following: in documented strategic mining deposit zones the initiation of non-public purpose investments can only be carried out according to the urban spatial plan. This project also orders that only the local spatial plan can allow for the localization of “establishments that carry a risk of serious industrial breakdown” and “investments that can seriously impact the environment”. The Code also introduces another innovation: the possibility of issuing the local spatial plan with an integrated evaluation on the environmental impact. The “investment permits” are intended to replace both the previous building permits and previous decisions on the conditions of development of the areas not covered in the local spatial plans. The investment permits referring to mining establishments will be issued by the mining administration authorities. The main adverse change for mining is that the exploration of mining deposits owned by the State Treasury loses its previous status of public purposes. The article also indicates that some of the described regulations might be changed during the further legislation process.
The basic resource of urban planning is space, which as a result of transformation has a direct impact on socio-economic development and quality of life. The author’s purpose was to define planning solutions for urban spatial policy, which can raise the quality of living, especially in the residential environment. In connection with the above, the literature of the subject was analysed and examples of good spatial policy and urban development in the living environment were shown. Particular attention was paid to the planning solutions in Paris and Vienna, as well as to the examples of the new living environment creation in some Scandinavian cities.
The article presents probable consequences for the protection of deposits and other mining needs, related to the entry into force of the Act of July 5, 2018 on the Facilitation of the Preparation and Implementation of Housing Investments and Accompanying Investments. This act introduces facilities for the preparation and implementation of housing as well as related projects, including the possibility of introducing investments incompatible with the existing local plans. In addition, it does so in a situation where land reserves for housing development, both in local plans and in studies of conditions and directions of spatial development, many times exceed the future needs of our country. The article presents the fundamental changes introduced by the Act to the existing planning and spatial planning system, as well as the risks associated with the mining industry. Among the latter, the following can be mentioned: lower stability of local law regulations, the possibility of resolving changes in spatial development at a very fast pace, without providing an effective way to inform subjects that may be threatened by these changes and increase the probability of the appearance of investments in the area of mining, the neighborhood of which may lead to limit or even liquidate these installations, due to even their disadvantages to housing. Some remedies have been proposed to mitigate some of the threats in the article. The Act in question was prepared and passed at an express pace, with a large opposition from many environments. At the same time, a number of legal solutions were applied in it, which were not applied in the Polish law. As a result, there are many doubts about the effects of its introduction.