Lokalizacja instalacji odnawialnego źródła energii na podstawie decyzji o warunkach zabudowy

Abstract

This article presents a problem related to the interpretation of the provisions of the Spatial Planning and Development Act regarding the possibility of locating Renewable Energy Sources Installation on the basis of a decision on building conditions. The key issue in this regard is to answer the question whether the establishment of building conditions for a project involving the location of a Renewable Energy Sources installation with an installed capacity of more than 500 kW and free-standing photovoltaic devices with an installed electrical capacity of more than 1000 kW, located on agricultural land of classes V, VI, VIz and wasteland, is or is not possible. If it is, whether it depends on the existence of appropriate arrangements adopted in the Balancing land for development in the municipality’s structure plan? The conducted analysis give grounds to conclude that it is possible to establish, by means of a decision on building conditions, determine the location of a Renewable Energy Sources installation, regardless of the arrangements adopted in the Balancing land for development in the municipality’s structure plan and the capacity of this installation.