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Abstract The object of this article is to analyze and asses the legal and economic consequences arising from the adoption (or change) of a local spatial development plan. The paper also presents, based on the example of the rural commune of Tomice in the Malopolska Province of Poland, how to estimate income to the commune budget from the collected planning fees. The analyses are based on planning studies, including the local spatial development plan from 2004, and the study of conditions and directions of spatial development from 2012. The council of Tomice Commune adopted the local spatial plan due to the increasing demand for residential areas. According to the plan, over 930 acres of land have been allocated for investment purposes, which is approx. 22.4% of the total area of 4,155 ha. The local plan was developed for all the six cadastral units of the commune, with one hundred percent surface coverage. The physiographic conditions and the location of Tomice Commune encourage the settlement of the urban population (from Wadowice or Krakow), which entails the need for housing investment areas. In 2012, the Tomice Commune adopted a change in the study of conditions and directions of spatial development. The proposed re-zoning of the area is in line with the policy of transitioning from an agricultural character towards the sustainable and multifunctional development of the commune. It is worth noting that the provisions of the plan of 2004 take into account the collection of a one-time fee for the sale of real estate whose value has increased as a result of the adoption of the plan. The amount of this fee for investment areas was set at the level of 30% of the increase in value, in accordance with the provisions of the Polish Act on Spatial Planning and Management. Due to the fact that the currently valid local plan has been in effect for 10 years, it can be assumed that the commune will proceed to make some changes to it. The article estimates the potentially generated income, assuming that changes in the study passed in 2012 with regards to designating land for investment purposes constitute an indication of provisions in the future local plan.
Real Estate Management and Valuation – de Gruyter
Published: Dec 1, 2015
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