Lokalizacja instalacji odnawialnego źródła energii na podstawie decyzji o warunkach zabudowy

This article presents a problem related to the interpretation of the provisions of the Spatial Planning and Development Act regarding the possibility of locating a renewable energy source installation on the basis of a decision on building conditions. The main issue is to answer the question whether it is possible or not to determine the building conditions for the project of locating a renewable energy sources installation with an installed capacity of more than 500 kW and freestanding photovoltaic devices with an installed electrical capacity of more than 1000 kW on agricultural land of classes V, VI, VIz and wasteland. If so, whether it depends on the existence of appropriate regulations adopted in the compensation land for development in the structure plan of the municipality? The analysis carried out leads to the conclusion that it is possible to determine the location of the installation of renewable energy sources installation by means of a decision on the conditions of construction, irrespective of the regulations adopted in the balancing plan of the municipality on the land for development and the capacity of this installation.