One of the items on the agenda of the September session of the Bolesławiec City Council was a vote on a draft resolution concerning the refusal to establish the location of a housing development called “CONSTRUCTION OF A MULTI-FAMILY HOUSING ESTATE WITH THE NECESSARY TECHNICAL INFRASTRUCTURE AT MODŁOWA STREET IN BOLESŁAWIEC”.
The councillors did not adopt the resolution in question. Fifteen councillors abstained.
Let us recall that the opinion of the Municipal Urban and Architectural Commission in Bolesławiec, an advisory body to the Mayor of Bolesławiec, was negative on this matter.
The substantive justification for the draft resolution stated:
According to the statements submitted with the application, the area covered by the application was formerly used for production, but these functions are no longer carried out there, which means that the requirement that the proposed housing development and accompanying investments be consistent with the Study does not apply to this area (Article 5(4) of the special act).
The justification for the draft special act (...) indicated that housing construction would use areas that in the past were used as railway, military, production or postal-service areas, but where these functions are no longer performed. In this way, housing construction could use areas where it is currently impossible due to the functions specified in the Study, provided that these areas have the necessary infrastructure and meet urban-planning standards.
The term area should be understood more broadly than merely the plot or plots covered by the application—the immediate surroundings of the proposed development must also be taken into account. In this case, it is the area designated in the Study of Conditions and Directions of Spatial Development of the City of Bolesławiec—the Bolesławiec City Council resolution no. XLVI/471/2018 of 28 March 2018—with the symbol B-AG. It is defined as a functional area predominantly comprising economic-activity development, understood as industrial plants, production facilities and equipment, logistics, transport, storage and warehousing facilities, as well as other service and commercial activities, including crafts, with an area within the demarcation lines of 7.22 ha.
It was also emphasised that:
On plot no. 128/7, precinct 4, directly adjacent to the area covered by the application and located within the demarcation lines of the industrial area designated B-P2, there is a ready-mix concrete plant—Przedsiębiorstwo Produkcyjno-Handlowe “ABET” Sp. z o.o.—in accordance with the provisions of the aforementioned local plan. It operates in a multi-shift system and generates nuisances in the form of noise, vibrations and industrial dust. Industrial activity is being carried out.
Consequently, the interests of the owners of the neighbouring property, for which a local plan has been in force for more than 30 years specifying its development and land-use arrangements and designating it for industrial construction, may be infringed by restrictions on the use of the property resulting from the construction of multi-family housing in its vicinity. The owners of the neighbouring property expressed their opposition when submitting comments on the application.
Meanwhile, the only basis in the application for concluding that the condition of non-performance of an industrial function on the requested site had been met was the cessation of production activities on the plots covered by the application. The applicant overlooked the existence of a nuisance in the form of an operating industrial plant in the immediate vicinity.
It was added:
Another aspect of locating the proposed housing development on the site indicated in the application is the acoustic analysis attached to the application for the area covered by the project. The measurements showed that at night, permissible noise levels specified in the Environment Minister’s regulation on permissible environmental noise levels (...) were exceeded at several measurement points. The site is exposed to a source of persistent excessive noise on all sides.
It was also supplemented with the following:
The demand for new housing in the city is determined on the basis of the assumed target population, projected occupancy indicators and the capacity of potential investment areas for the future development of urban functions, particularly housing construction.
Demographic projections for the city are unfavourable. A decline in the number of residents has been observed—936 fewer people over a five-year period. Deregistrations also clearly outnumber registrations. However, significant underestimation of the number of people living in the city must be taken into account—the Central Statistical Office’s statistics do not reflect many current trends, such as rental housing and second homes, or Bolesławiec’s special position as a district-level centre with a high concentration of social infrastructure, administration, services and economic activity. Broad-based measures aimed at the city’s economic development will mean that population growth, and consequently changes in the demographic characteristics of the commune’s population, will be shaped both by the inflow of people from outside and by natural increase. The rate of inflow from outside will depend, among other things, on the availability of jobs, the pace of housing development and living standards.
These observations are also confirmed by the dynamic development of construction in the city—the usable floor area of homes completed increased by 235.8% between 2014 and 2016. The increase in the overall number of homes combined with the declining population has resulted in a clear improvement in housing conditions.
Who raised objections to the development, and what were they?
| Entity | Objections |
|---|---|
| Municipal Urban and Architectural Commission |
|
| PKP Polskie Koleje Państwowe S.A. Railway Lines Plant in Wrocław |
|
| District Roads Authority in Bolesławiec | “(...) the development will significantly increase road traffic in the area of Modłowa Street and the intersection with DK 94, which could consequently lead to the need to reconstruct the road infrastructure in the area”; |
| ALIANS S.C. KANCELARIA RADCÓW PRAWNYCH. GIL I.P., acting on behalf of Przedsiębiorstwo Produkcyjno-Handlowe “ABET” Sp. z o.o., headquartered in Wrocław | “The main allegation raised in the above comment is the location of a housing development in an industrial area that is still used for production—the ready-mix concrete plant located on the neighbouring property operates in a multi-shift system and generates nuisances in the form of noise, vibrations and industrial dust. Consequently, this location is inconsistent with the provisions of the Study of Conditions and Directions of Spatial Development for the area in question”. |
What happens next—time will tell. We will return to the subject.