The long-awaited Revitalization Act (Sejm paper no. 3679-A, adopted on 23rd July 2015 r.), which was supposed to be a remedy for spatial chaos, may become... a blessing for hypermarkets.
All because of the amendment to the Act on Spatial Planning and Development, which is to be introduced by the draft of the Revitalization Act, and which is to take away the mandatory control by the communes over where hypermarkets may be located. According to the draft, there would be no obligation to foresee location of the hypermarkets in the zoning plans. This would mean that it would be possible to build them also in locations not envisaged in the zoning plans.
What should be included in the study of zonning is defined in Article 10.2 of the Act on Spatial Planning and Development. The current text of the Article 10.2.8 places on the communes an obligation to determine in the study the locations of the hypermarkets. The draft of the Revitalization Act (in its Article 41.3.b third indent) deprives the communes of this “mandatory privilege”. In exchange, the communes shall receive a possibility to determine in the local revitalization plans the “maximum sales area of shops, including location of shops with maximum sales area defined in the plan and their maximum number”.
Contact
ul. Małopolska 11/3
81-813 Sopot
ul. Krakowskie Przedmieście 13
00-071 Warszawa
Tel: +48 58 712 85 45
