On July 8, 2005, the County Executive of Myszków submitted application No. GM.I.7000-28/2005 dated July 4, 2005, “for the adoption of a plan” for the area known as the “Będuszki fields,” located between the Treasury Office, Pułaski Street, Jesionowa Street and the allotment gardens area. The proposed designation for the area is industrial, service and commercial development.
Two weeks later, on July 27, 2005, response letter marked NU 7328.1/5/05 was issued approving the submitted application. The letter also stated that the preparation of the plan would require a change in the master plan, as the proposed land use is not consistent with the then-current master plan and development guidelines of the city of Myszków, which designates the proposed area as agricultural production space. Since the provisions of the master plan are binding for the plan preparation, a change in the master plan is necessary.
The process of amending the master plan was immediately initiated. The resolution was adopted on August 16, 2005 (Resolution of the City Council in Myszków No. XXXIV/302/05). The main reason for amending the master plan was the above-mentioned request from the County and the planned construction of a bypass. According to the regulations, the master plan is prepared for the municipality’s area within its administrative boundaries. The procedure for preparing the master plan is extremely time- and labor-intensive, and the costs of preparing the master plan are borne solely by the municipality. The entire procedure, method and manner of preparing the amendment to the master plan are strictly defined by the spatial planning and development act.
Due to the way the objections to the submitted for public review project of amending the master plan were resolved, in accordance with the requirements of the act, the procedure had to be repeated to a necessary extent. The master plan project was again agreed with the relevant authorities, and then re-submitted for public assessment through a new public review. Public discussions were held during both public reviews. The need to repeat the procedure resulting from the applicable regulations prolonged the preparation of the master plan amendment.
The completion of the preparation of the master plan amendment took place in September 2007 through the adoption of the master plan by the City Council in Myszków Resolution No. XII/97/07 dated September 25, 2007. The adoption of the master plan opened the way for the preparation of the proposed plan.
Even before the final adoption of the master plan, a resolution was submitted to the City Council to prepare a plan – among others – for the area proposed by the county. The resolution was adopted – Resolution No. X/85/07 dated August 28, 2007. As with the master plan, the procedure and method of preparing the plan are strictly defined by the spatial planning and development act. The procedure for preparing the plan is also complex and time-consuming, and the costs of preparing the plan are borne by the municipality.
During the preparation of the plan project, considering the common strategic goals of the city and the county, with the aim of accelerating the procedure for preparing the plan for an undoubtedly potentially investment area, a resolution was submitted to the City Council for a change in the scope of development, singling out an area of approximately 76 ha from the overall area of 320 ha, which was the subject of the original county request. Theoretically – as assumed – this was meant to significantly accelerate the preparation of the plan for the highlighted area, as the plan project was intended to be in line with the proposed designation, and the entire area was the property of a single owner, namely the County of Myszków. The resolution adopted on January 29, 2008 by the City Council in Myszków Resolution No. XVI/137/08 for the reasons mentioned above, offered a chance for a significant acceleration of the preparation of the said plan.
During the procedure for preparing the plan, the Minister of the Environment accepted a Geological Documentation for molybdenum-tungsten-copper ores, whose area is a significant part of the area covered by the plan. The acceptance of the documentation served as documentation of existing deposits. Since the documentation indicated significant negative environmental consequences on a supra-local scale in case of exploitation of the deposits, and the study pointed to maintaining the agricultural character of the area, two meetings were held between the authorities of the county and the city, as well as with the designers preparing the plan project. These meetings aimed to work out a position on the future use of the area. Both the City authorities and the County Powers clearly expressed their negative stance regarding the vision of future exploitation of the deposits and the agricultural “freezing” of the area for an indefinite period.
Taking into account the specifics of planning processes, it was jointly decided that it was necessary to address the Ministry of the Environment, the Voivode of Śląskie Voivodeship, and the Marshal of Śląskie Voivodeship with a letter containing questions regarding the actions of the relevant authorities and the municipality’s jurisdiction in case the municipality decides on a different designation of the areas than suggested in the Geological Documentation. The responses received did not provide a clear answer to the questions asked, ultimately pointing to the municipality as the decision-making body in the stage of preparing the local plan. In conclusion, it can be stated that the issue of the “deposits,” due to reasons unrelated to the municipality, halted the plan preparation procedure for some time.
After resuming the project work on the plan determinations and preparing the plan project for coordination and opinions, on September 9, 2008, applications were made to the relevant authorities for coordination and opinions. One of the bodies coordinating the plan project within the scope defined by law is the County Executive of Myszków. By decision dated October 2, 2008, No. AB-73201/1/08, the County Executive of Myszków refused to coordinate the plan project.
The lack of coordination from any of the authorities results in the suspension of the plan preparation procedure, as it is inadmissible to continue the procedure without coordination of the submitted plan project. In this case, the municipality can appeal to the second instance authority, the Regional Administrative Court, or proceed to amend the plan project and seek a new coordination. Since the lack of coordination of the plan project by the County Executive of Myszków did not provide grounds for the obligatory competence as to the extent of the refusal of coordination, and the comments included in the decision at this stage of the plan preparation could not be incorporated into the plan project for procedural reasons, on October 10, 2008, appeals were lodged /as instructed/ through the Starosta of Myszków appealing the above decision to the Administrative Chamber of Appeal in Częstochowa. It should be noted that the comments of the County included in the decision could have been submitted at the stage of presenting the plan project for public inspection, as the County was repeatedly informed. Comments submitted at the stage of presenting the plan for public inspection are considered and – as far as possible – incorporated into the plan determinations.
Refusal to coordinate the plan project by the County Executive of Myszków results in the suspension of the further plan preparation procedure.