Law as a factor generating weakness in the spatial planning system

Abstract

This paper deals with the issue of the impact of legislation on the spatial planning system of a country. The case of Poland was chosen as it provides very wide material in this respect (due to the numerous weaknesses of the Polish spatial planning law diagnosed in the literature). Three key regulations were identified in relation to three spatial planning instruments at the local level: studies of spatial development conditions and directions, local spatial plans, and decisions on building conditions. It was determined what the weaknesses of these provisions are, and what wider impact they have on the application of individual spatial planning instruments and consequently on the entire spatial planning system. The issue of externalities of spatial management was additionally analysed. The results provided a basis for extending a more universal scientific discussion on the possible, especially negative, impact of legislation on spatial planning systems.

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Notes on contributors

Maciej J. Nowak

Maciej J. Nowak is a Professor and Head of the Department of Real Estate at the West Pomeranian University of Technology in Szczecin. He is also a legal adviser dealing with the role of law in spatial planning. He is the author of a number of publications comparing institutional solutions of spatial planning systems in different countries. He also deals with the integration of the spatial planning sphere with the response of public policies to climate challenges.

Artur Hołuj

Artur Hołuj (PhD in Economics, DSc in Engineering Techniques and Technologies in Spatial Management) is an Assistant Professor at the Department of Spatial Management at the Krakow University of Economics. He is a research collaborator of the Centre for Research of Settlements and Urbanism (C.C.A.U.), Faculty of Geography, Babeș-Bolyai University, Cluj-Napoca, Romania. He has authored and co-authored scientific papers and books on spatial planning, economic and environmental aspects of spatial planning and externalities of spatial management.

Małgorzata Blaszke

Małgorzata Blaszke is a PhD student and Assistant Professor at the Department of Real Estate at the West Pomeranian University of Technology in Szczecin. She works on environmental and climatic determinants of spatial planning. She also has a research interest in real estate management. She is the author of numerous publications, including as part of an international team of authors.