On 8 January, the President signed an amendment to the Aviation Law, which removes the obligation to adopt local zoning plans (MPZP) for areas covered by the airport master plan and allows for zoning decisions in these areas to be issued.
The amendment is intended not only to speed up spatial development, but also to adapt planning rules to the specifics of airport sites, while maintaining safety standards.
The new regulations will come into force 14 days from their publication.
Existing regulations and problems with their application
Current regulations require two things:
- Areas covered by an airport master plan are obliged to have a compliant local zoning plan (Article 55(9) of the Aviation Law)
- As a result, no zoning decisions can be issued in these areas – the proceedings for their issuance are suspended until the local plan has been adopted (Article 62(2) of the Spatial Planning and Development Act)
Interpretation of administrative courts and its impact on planning
The jurisprudence of the administrative courts in recent years has adopted the interpretation that the scope of the planning obligation associated with an airport master plan does not only cover the area of the airport itself, but also, in connection with the safety of air operations, all areas of restriction including areas limiting obstacles on and around the airport and areas limiting the height of buildings.
The changes to the impact zone of the updated Warsaw Chopin Airport Master Plan (PGLC), approved on 5 July 2023, are an example of this.
According to an announcement of the Warsaw Office of Architecture and Spatial Planning, the area covered by Warsaw Chopin Airport Master Plan has changed significantly.
It currently includes the airport site and surrounding areas relevant to its operation, areas limiting obstructions on and around the airport and areas limiting the height of buildings.
As a result, no zoning decisions are currently issued in areas such as parts of the districts of Bemowo, Wola, Ursus, Włochy, Mokotów and Ursynów, as well as some suburbs of Warsaw that are not covered by local zoning plans.
Practical problems before the amendment
The Warsaw Office of Architecture and Spatial Planning also announced that until the new regulations come into force, proceedings relating to the issuing of zoning decisions in the areas covered by Warsaw Chopin Airport Master Plan are suspended (under Article 62(2) of the Spatial Planning and Development Act).
However, there is a risk of zoning decisions issued after 5 July 2023 in areas covered by Warsaw Chopin Airport Master Plan being annulled. In addition, in the case of building permit applications submitted on the basis of such decisions, the absence of a valid local plan may result in the refusal of a building permit.
Key changes introduced by the amendment
The amendment to the Aviation Law is intended to unblock the possibility of issuing zoning decisions for investments located in the area covered by the airport master plan.
The proposed amendment is to repeal Article 55(9), which will allow zoning decisions to be issued for areas in the vicinity of airports, in particular in areas covered by a master plan, even in the absence of a local zoning plan.
However, the process will be under the full supervision of the President of the Civil Aviation Authority, who will agree on draft decisions.
The amendment aims at streamlining the zoning procedures for airport master plan areas, allowing them to be developed without having to wait for local zoning plans to be adopted.
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