- Wind Power Stations Constitute Technical Infrastructure
- June 11, 2014
- Law Firm: BSJP Brockhuis Jurczak Prusak Sp.k. - Warsaw Office
- In its judgment dated 4th February 2014, case ref. no. II OSK 2129/12, the Supreme Administrative Court has stated that the generation units within wind power stations constitute “technical infrastructure” devices. The above judgment is of great significance to investors submitting applications for issuance of decisions on land development conditions (the so-called zoning decisions) for wind power stations located within areas for which there are no local zoning plans in place.
In practice, it is not possible to obtain a zoning decision for a wind power station, unless the generation units are deemed to constitute “technical infrastructure”. When issuing a zoning decision, the relevant public administration body examines whether the investment complies with the so-called “suitable neighbourhood” principle, i.e. whether at least one neighbouring plot, accessible from the same public road, is developed in a manner that makes it possible to identify the new development requirements in respect of continuation of the function, parameters, characteristics and indicators for spatial planning and land development. Investments that constitute technical infrastructure are not required to meet the “suitable neighbourhood” condition in order to obtain a zoning decision for them. Therefore, it will be easier for investors to obtain a zoning decision and execute investments within areas for which there are no local zoning plans in place.