Status prawny uzdrowiska jako determinanta szczególnego i odrębnego reżimu planistycznego w gminie uzdrowiskowej – zagadnienia wybrane
Legal status of a health resort as a determinant of a specific and separate planning regime in a health resort commune – selected issues

Summary/Abstract: A health resort is a separate area – or part thereof – of a health resort commune, in which spa treatment is provided. To use and protect natural medicinal raw materials found in this area, which meet statutory conditions, is characterized by a special legal nature. One of the legal determinants of the protective regime of a health resort is undoubtedly planning differences. They are related to the development of a specific and separate legal order in this area, which does not exist in a typical commune. It involves the creation of specific protection zones, named by the legislator as spa protection zones, divided into A, B and C, which serve to protect the environment and health protection, which is important from the point of view of spa treatment. These zones are separate areas in which regulations are established that shape the rules for using these areas and methods of a specific behavior by establishing numerous prohibitions and orders for various groups of recipients. Their creation is one of the methods of shaping and managing the space of a spa commune. Additionally, the legislator imposed on these entities the obligation to prepare and adopt a local spatial development plan for zone A, which allows us to conclude that the legal status of the health resort determines a separate and specific investment and construction regime in this area. The article aims to analyze and evaluate legal regulations regarding two institutions serving to maintain the healing function of a health resort, namely: health resort protection zones and the local spatial development plan for zone A. The study uses dogmatic and legal methods and presents a wide selection of literature and case law.

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