Compliance with land use designation:
New development must comply with the existing land use designation in the surrounding area. This means that the land use designation for new development should be consistent with the existing designation in the analyzed area.
Non-disruption of the existing land function:
Exemption from the good neighbor principle should not disrupt the existing function of the area in terms of development and land use. This means that new projects cannot alter the nature and function already established in a given area.
Nature of existing development:
Railway lines, linear structures, and technical infrastructure facilities play a supporting role to the current land use and do not change its primary function. These facilities are intended for the supply of water, electrical energy, gas, etc., and by design, do not affect the preservation of the existing function in the analyzed area.
Set of technical infrastructure facilities:
Technical infrastructure facilities should serve a supporting role for existing residential, agricultural, or industrial development.
Industrial function versus residential or agricultural function:
Projects that lead to a change in land use from agricultural or residential to industrial cannot be considered consistent with the good neighbor principle.
In cases where a planned energy storage project changes the land use to an industrial function, this prevents their qualification as technical infrastructure facilities consistent with the good neighbor principle. Energy storage systems can be exempt from the good neighbor condition only when they are connected to renewable energy installations.
If you have any questions or concerns regarding the above matter, please do not hesitate to contact our experts:
Piotr Włodawiec: wlodawiec[at]prokurent.com
Łukasz Moczydłowski: moczydlowski [at] prokurent.com
Paweł Wróblewski: 'p.wroblewski [at] elbudbis.pl
Authors:
Piotr Włodawiec – Attorney-at-law / Senior Partner
Łukasz Moczydłowski – Attorney-at-law / Senior Partner
Paweł Wróblewski – CEO ElbudBis
Relkonds
Material prepared in collaboration with:
