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
  • the proposed location of the development in the immediate vicinity of an operating industrial plant and between the E30 railway line and the city arterial road, Cieszkowskiego Street, is unsuitable for housing;
  • the development area lies between railway land, national road no. 94, Modłowa Street and production areas (the ABET Sp. z o.o. concrete plant), creating a high probability that residential standards will not be maintained;
  • with regard to noise: an acoustic analysis was submitted with the application indicating that noise levels are exceeded at many locations within the proposed development; in addition, noise parameters will change significantly after the proposed buildings are constructed because noise will propagate in an entirely different way;
  • there are no solutions intended to improve the future residents’ quality of life by reducing the existing nuisances associated with the above-mentioned surroundings; due to the prevailing westerly winds in the city, dust pollution generated during concrete production will be directed straight at the windows of three buildings in the first line, located 4 m from the concrete plant’s fence;
  • very high development indicators—more than 500 apartments in eight five-storey buildings, over 30,000 m2 of residential floor area on a plot of the same size, no tall screening greenery and no substantial biologically active areas;
  • architecture reminiscent of the socialist era—tightly packed, highly dense development and tiny balconies;
  • the planned estate’s problematic access from the narrow, low-capacity Modłowa Street, which connects on one side to a busy national road via active railway tracks and on the other is severely slowed by a railway crossing that closes frequently; an estate with 529 apartments will generate heavy car traffic—at least 500 cars—that will attempt to leave the proposed estate; moreover, the construction stages planned through 2031 will create construction-site nuisances for residents for approximately 10 years;
  • allowing the development in the proposed form would result in numerous complaints from future residents about noise and traffic problems addressed to the Mayor of the City;
  • the proposed estate is located in the immediate vicinity of an operating industrial plant that is expanding and planning further development—the combination of residential construction with an active industrial function will lead to conflicts in the future, result in the need to restrict the use of neighbouring areas due to acoustic protection and other nuisances, and may lead to compensation claims by either party;
  • the fulfilment of the requirement under Article 5(4) of the housing special act was questioned; it concerns post-production areas where these functions are no longer carried out—the operating production plant in the immediate vicinity may contradict this claim;
  • the proposed number of parking spaces for the planned number of apartments and residents is too small; increasing the parking-space ratio from 1.1 to at least 1.5 should be considered;
PKP Polskie Koleje Państwowe S.A. Railway Lines Plant in Wrocław
  • a full analysis of possible impacts in the form of acoustic nuisances must be conducted to determine whether the buildings can be located there;
  • the placement of windows facing away from the railway line should be considered;
  • the specified location may be subject to shocks and vibrations from passing trains, sparking and smoke;
  • areas with buildings serving the above-mentioned function are acoustically protected areas. Residential construction should be limited in the immediate vicinity of railway land; if it is built, it must be demonstrated that noise standards will not be exceeded (…);
  • locating a facility with the above-mentioned purpose in the immediate vicinity of a railway line may result in adverse acoustic impacts on the acoustically protected buildings constructed in these areas, consequently increasing the risk of social conflicts;
  • PKP Polskie Linie Kolejowe S.A. “will not bear any costs related to the effects of possible exceedances of permissible noise levels or nuisances arising from the operation of railway lines. We inform you that one way of reducing nuisances from an operating railway line for new developments is to install acoustic screens, but at the investor’s expense and initiative”;
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.