The article presents basic changes introduced in the first edition of the governmental Urban Planning and Building Code. The changes regard spatial development, especially planning and permit documents, and competences of the governmental bodies in accepting, legislating and issuing such documents. In this respect, the article points out important regulations for the mining industry, in particular for deposit protection and the initiation of mining projects. In certain cases, critical opinions of some of the governmental institutions are mentioned. In a new document regarding the “Spatial Development Study of a Community”, the draft of the Code orders a division of the community into functional zones. Therefore a mining and extractive industry could be delimited as a functional zone. The Code also specifies that while delimiting a new urbanization area, the documented mining deposits areas should be avoided. In relation to the local spatial plan, the Code establishes the following: in documented strategic mining deposit zones the initiation of non-public purpose investments can only be carried out according to the urban spatial plan. This project also orders that only the local spatial plan can allow for the localization of “establishments that carry a risk of serious industrial breakdown” and “investments that can seriously impact the environment”. The Code also introduces another innovation: the possibility of issuing the local spatial plan with an integrated evaluation on the environmental impact. The “investment permits” are intended to replace both the previous building permits and previous decisions on the conditions of development of the areas not covered in the local spatial plans. The investment permits referring to mining establishments will be issued by the mining administration authorities. The main adverse change for mining is that the exploration of mining deposits owned by the State Treasury loses its previous status of public purposes. The article also indicates that some of the described regulations might be changed during the further legislation process.
Local development, based on the use of endogenous potentials, requires the cooperation of muni-cipalities in urban functional areas (agglomerations). However, conducting joint activities in the area of building and running local development policy is a serious challenge. On the one hand, there is a shortage of experience in this area (not counting the short period of functio-ning municipal unions in the years 1920-1939 and intentional inter-communal relations after 1990). In addition, there are still no legal solutions needed (in addition to the act passed in 2017 for the metropolis of Silesia and Zagłębie). In recent years, however, projects of integra-ted territorial investments and other project partnerships have been implemented under the European Union and the Norwegian Financial Mechanism Programs, which result in prac-tical conclusions and legislative recommendations. The most important of them concern the introduction of a new form of partner cooperation and the adoption of a new urban code. Their quick implementation will enable more eff ective cooperation for development.
This article reflects on the results the use and eff ectiveness of design coding as urban design / development tool, focusing on the roles of and the relationships between the different actors playing parts in the in the design coding process: the administration, the investors, the designers, the politics and the community. It reveals the gap in professional circles that impacts the development process, which, deepened by the continuous battle between the creative, the market-driven and the regulatory modes praxis. The article is polemical in that it points to the three main parties of this collective process, referring to is as the creative, market and regulatory tyranny. The author proposes that design coding, if used correctly, could be an effective tool regulating the essentials of urbanism, leaving room for creativity and enhanced market value. Design coding as such results in improvement of the quality of both urbans space and housing architecture.