Problemy ochrony przestrzeni w Polsce – wybrane zagadnienia
Problems of spatial protection in Poland – selected issues
Author(s): Paweł SosnowskiSubject(s): Architecture, Rural and urban sociology, Environmental interactions, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: spatial planning and development law; spatial order; spatial protection; spatial protection problems; spatial planning and development; spatial design; autonomy of municipality;
Summary/Abstract: When performing its tasks, i.e., those aimed at satisfying the collective needs of its residents, a municipality does so on its account. The above results from the constitutional principle of independence. One of the tasks is to take care of the common good of the municipality’s residents, which is expressed, for example, in raising their standard of living. It is impossible without spatial protection. This is because it is in space that buildings of different nature, recreation and entertainment areas, social infrastructure, technical infra- structure, and transport infrastructure are located. Also in space, investment projects of different territorial scopes, i.e., international, national, supra-local and local, are implemented. It is not always possible to reconcile them with the investment intentions of property owners or perpetual usufructuaries. This often leads to a conflict of interest and difficulties in carrying out investments. Very often, this also results in the development of space in a manner far from the expectations not only of persons holding legal title to property but also of municipalities, which, as part of the autonomy granted to them, have the power to take planning decisions. Municipalities have been equipped with tools that enable them to engage in spatial protection, i.e., to create spatial policy (study of conditions and directions for the spatial development of municipality) and to implement it (local spatial development plan, local revitalization plan, resolution concerning the location of street furniture, billboards, advertising devices, fences, and signboards). Despite the above, municipalities encounter various problems while becoming engaged in spatial protection. This article aims to analyse the levels on which problems related to spatial protection can or do arise, and to propose solutions to make spatial protection more effective than it is at present.
Journal: Studia Prawnoustrojowe
- Issue Year: 2024
- Issue No: 63
- Page Range: 415-430
- Page Count: 16
- Language: Polish