The Polish Council of Ministers has adopted the Regulation amending the regulation on projects that may have a significant impact on the environment. The amendment is aimed at accelerating the construction of photovoltaic farms, garages and car parks. In particular, the Regulation increases the area thresholds above which a project is classified as a “project that is likely to have a significant impact on the environment”. The types of such projects are listed in the Council of Ministers’ Regulation on projects that may have a significant impact on the environment. The implementation of these projects requires a decision on environmental conditions (environmental decision). This decision specifies the environmental conditions that a given project must meet. The environmental decision is obtained before applying for planning or building permits. It is one of the most critical stages in the permitting process.
Photovoltaics
The current regulation classifies solar energy generation facilities as “projects that may potentially have a significant impact on the environment” if the development area is at least 1 ha or at least 0.5 ha for projects located in nature conservation areas. When the amendment comes into force, the threshold of 1 ha will be increased to 2 ha. The threshold for projects located in nature conservation areas will remain the same. The changes include changing the method of determining the area from the “development area” to “area defined by the outline of the outer edge modules of the panels”. In addition, solar panels on the roofs and facades of buildings will be excluded from the category of “projects that may have a significant impact on the environment”, which will of course lead to an exemption from the requirement to obtain an environmental decision.
Garages and car parks
Under the current law, garages and car parks are classified as “projects that may have a significant impact on the environment” if the usable area, including associated infrastructure, covers at least 0.5 ha or at least 0.2 ha for projects located in nature conservation areas. These thresholds are low, and therefore an environmental decision is a common requirement for such projects. The legislator has decided to increase these thresholds. Once these changes come into force, these thresholds will be at least 1 ha or at least 0.5 ha for projects located in nature conservation areas.
Intertemporal provisions
According to the Regulation described above, the existing rules will apply to projects for which at least one of the procedures for certain decisions, notifications or resolutions with a mandatory prior environmental decision has been initiated, but not completed by a final decision before the date of entry into force of the amendment. The Regulation will enter into force 14 days after its publication.
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