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SPATIAL POLICY VERSUS ADMINISTRATIVE DECISIONS. CASE STUDY: DEVELOPMENT OF THE AREA OF FORMER CLAY PITS AT JELONKI (WARSAW)
Abstract
The objective of the article is to present the issue of legislative incohesion between the spatial policy of the commune and issued administrative decisions, based on a specific case study. The implementation of the spatial policy included in the Study of the preconditions and guidelines of spatial development of the commune is only possible by means of local plans of spatial development. In the case of their lack, administrative decisions are issued which are not necessarily (and often are not) in accordance with the aforementioned policy. The study area covered the former clay pits in the Jelonki district in Warsaw. In the Study of the preconditions and guidelines of spatial development of the capital city of Warsaw (passed in 2006), it is designated for public green areas with the function of sports and recreation. Meanwhile, in the context of lack of the local plan, multi-family housing development has been successively introduced there since 2010 – based on the issued administrative decisions: decisions of the conditions of building development. As a result, the surface area of undeveloped land considerably decreased, and the existing development is at variance with the provisions of the Study. A local spatial development plan for the area has been under preparation since 2011. Its draft includes an attempt (although problematic) to formulate provisions in accordance with both the regulations of the Study and those allowing for the existing development. The situation requires legislative changes, e.g. the introduction of the requirement of accordance of issued administrative decisions (of the conditions of building development) with the spatial policy of the commune stipulated in the Study of the preconditions and guidelines of spatial development.
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