Zoning decision or local plan (MPZP)? Siting a biogas plant in spatial planning

A biogas plant is sited on the basis of a local spatial development plan (MPZP) or, if no plan applies to the plot, on the basis of a decision on development conditions and land development (WZ). The choice of route depends on what the municipality has adopted for the plot; however, the environmental decision and consents for agricultural land often matter more than the form of siting itself. The entry describes the position as of May 2021, and summarises later changes in the update.

First check what applies to the plot

The first step is an extract and map from the MPZP or information that there is no plan. If a plan applies, its land designation decides: a biogas plant fits where the plan permits production development, services of such a nature, or directly energy infrastructure. An entry of "agricultural land" without permission for production development usually rules out the investment, and changing the plan takes a long time. It is also worth checking the study of conditions: if the municipality envisages areas for renewable energy devices with a capacity above 100 kW, it sets out their location precisely in the study.

The route without a plan: the decision on development conditions

If there is no plan, Article 61(1) of the Act on Spatial Planning and Land Development lists the conditions that must be met jointly:

The exemption from good neighbourliness and access to a road results from Article 61(3) for renewable energy installations within the meaning of the Act on Renewable Energy Sources, which include biogas plants. This is a facilitation, but not a "green light": the authority still examines compliance with separate regulations and utilities, and neighbours may be parties to the proceedings.

The environmental decision comes before the WZ

The Act on Environmental Impact Assessments requires the decision on environmental conditions to be issued before the decision on development conditions and before the building permit (Article 72(1)). That is why the environmental procedure is worth starting in parallel with the siting analysis; we described the details in our guides on the environmental decision and the impact report.

Agricultural land: the biggest risk point

Biogas plants are often planned next to farms, on agricultural land. Changing the designation of agricultural land to non-agricultural purposes requires consent under the Act on the Protection of Agricultural and Forest Land, and for higher soil classes the procedure is demanding. In a WZ this condition is one of the criteria for issuing the decision. Before buying or leasing a plot, check the land class, the register and the rules of conversion out of agricultural use.

Distances and nuisances

In the legal position of 2021 there was no single nationwide provision setting a rigid distance of a biogas plant from residential buildings. Restrictions result from the provisions of the plan, the environmental decision (odour, noise, transport), fire regulations, ATEX and technical conditions for buildings. In practice, conflicts with neighbours are one of the main reasons for appeals, so odour and lorry traffic must be described already at the application stage.

What to do first – a checklist

1. Obtain an extract and map from the MPZP or confirm that there is no plan.
2. Check the land classes and the need for consent to change the designation.
3. Commission a preliminary assessment of whether the project is subject to environmental impact assessment.
4. Assess the utilities: water, wastewater, access road, electricity or gas connection.
5. Talk to the head of the municipality or the mayor about the municipality's position before applying for a WZ.
6. Secure the legal title to the plot (preliminary agreement with conditions precedent).

MPZP or WZ – which is better for the investor

For a plot without a plan, a WZ is sometimes the only realistic route. Where a plan exists and does not permit production development, a WZ is not available, because the plan applies – then what remains is an application to change it.

The order of steps in practice

1. Analysis of the plan, the study and the land classes.
2. Consultations with the municipality and initial talks with the grid operator about the possibility of connection.
3. Project information sheet or report and the environmental decision.
4. Application for a WZ (or confirmation of compliance with the plan).
5. Building design and application for a building permit.

A well-planned order makes it possible to avoid a situation in which an obtained WZ turns out to be inconsistent with environmental requirements.

Parties to the proceedings and protests

In WZ proceedings the parties are not only the investor but also the owners and users of properties located in the area of impact. In practice it is they who file appeals and complaints. Clear information about odours, traffic and noise, and meetings with residents before the application is submitted, usually reduce the risk of a dispute, even if they do not replace the procedure.

This text is for information only and does not constitute legal advice; before an investment or formal decision, check the current wording of the legislation and consult a lawyer or the relevant authority.