Zagospodarowanie terenów rolniczych w przypadku braku planu miejscowego (zagadnienia wybrane)

Abstract

Space development has, in view of limited nature of the space and persistence of its effects, axiological dimension. The regulations governing development also intervene within the range of exercising property right, what is a source of conflict of interests and what touches the issue of justice. Development of a particular space can take place under one of two competitive legal regimes. One of the regimes is established by local development plans constituting acts of local law which is commonly in force within territories covered by such the acts. In a position of the absence of a local development plan the other of the regimes, determined by rules of the law of general public order, is applied. The referred rules make the basis for giving, under the administration procedure, individual decisions on determining conditions for site development. Agricultural lands located outside administrative borders of towns, constituting arable lands of I–III class, whose contiguous area purposed for change of development classification exceeds 0.5 ha are excluded from the opportunity to obtain such a decision (a permission for development). However, the exclusion does not refer to development which fails to lose agricultural nature of a land. The courts’ decisions represent the opinion that the surface limit refers to the area which effectively is to change the way of development, not taking into consideration the land from which it was earlier parcelled out, what without doubt decreases protection level of agricultural lands. Other dissimilarity connected with determining conditions for site development of agricultural lands is departure from the statutory rule of “good neighbourhood” in case of farmstead development in farms whose surface exceeds an average farm surface area in a commune.