On 24 September 2023, part of the provisions of the Act of 7 July 2023 on amending the Act on spatial planning and development and certain other acts (Journal of Laws 2023 item 1688) (hereinafter: the ‘Amending Act’) entered into force. As a result of the Amendment, a new planning tool in the form of the Integrated Investment Plan as a planning act (hereinafter: the ‘Integrated Investment Plan’ or ‘IIP’) shall enable the amendment or replacement of a local spatial development plan (hereinafter: the ‘LSDP’), as discussed below.
The Integrated Investment Plan and its status under the Amendment:
(i) it is a special form of local plan, which is an act of local law,
(ii) an IIP is adopted by municipalities at the request of the investor (the investor develops the content and design of the IIP),
(iii) an IIP is dedicated to both residential and commercial development (warehouses, shopping centres or hotels),
(iv) the enactment and entry into force of the IIP replaces the local plan in the given area covered by the IIP (in practice, this means the elimination of the parallel existence of the IIP and the location act, which is a tool of the housing special act),
(v) according to the transitional provisions of the Act, a municipality may adopt an IIP once it has been established that it complies with the spatial development conditions and directions study,
(vi) the IIP is tantamount to the investor’s preferences with respect to the object of the development project,
(vii) urban development agreement in the form of a notarial deed between the municipality and the investor – the draft IIP is attached,
(viii) the adoption of the IIP includes two basic elements: the main investment and the complementary investment.
*Main investment is e.g. a multi-family residential development,
**Supplementary investment is, in terms of the Act, e.g. public roads, development of the plot area and many other factors relevant for the project to meet the needs of the residents.
6 November 2023