THE PINK ASSOCIATION submitted its position to the regulation of the Minister of Development and Technology on the method of designating the area of development supplementation in the general plan of the commune in connection with the omission of warehouse buildings (category 104) from the list of buildings used when determining the boundaries of the OWZ.

It entered into force on May 16, 2024. Regulation of the Minister of Development and Technology of 2 May 2024 on the method of designating the area of development supplementation in the general plan of a commune (the content of the regulation is available here).

One of the main assumptions of the 2023 planning reform is to limit the use of the development decision tool only to those areas that the municipality itself indicates in the general plan. development supplementation areas (OWZ) gives planning authority to the commune to determine for which areas decisions on development conditions will not be issued, without the need to adopt local plans.

The Regulation indicates which buildings will be used to determine the boundaries of development areas, but this list does not include warehouse buildings (category 104).

Although, as a result of the comments submitted during the public consultations, the Ministry of Sport and Tourism took into account the comments regarding adding warehouse buildings to the list, the final version of the regulation published in the Journal of Laws did not include this category of buildings. This lack means that it will not be possible to complete warehouse development in areas not covered by local plans. 

In connection with the above, the PINK Association has appealed for amendments to the Regulation by supplementing the catalogue of buildings used in determining the boundaries of development areas, specified in § 1 section 1 item 1 of the Regulation on warehouse buildings (104).

The text of the PINK Association's position is available HERE.

 

We would like to thank the members of the Polish Chamber of Commercial Real Estate (PINK) for their comments!!!