Investments in renewable energies Permits Without Surprises – Spatial Planning, Environmental Decisions and Cooperation with Municipalities
A lack of consistency between these processes rarely results in merely a minor delay. It may require changes to the turbine layout, the loss of part of the project area, additional studies or expose a key planning instrument to legal challenges. For investors and management boards, this creates risks relating to the project schedule, CAPEX and bankability.
The Local Spatial Development Plan: A Starting Point, Not a Formality
An onshore wind turbine cannot be located based on a zoning decision (decision on development conditions). The Act of 20 May 2016 on Investments in Wind Power Plants requires a local spatial development plan. This means that the success of a project depends not only on securing land rights and determining technical parameters, but also on an independent decision by the municipal council and the proper conduct of the planning procedure.
The plan must specify the maximum height of the turbines, rotor diameter and number of turbines. These three parameters are not merely technical details for designers: they determine the project's actual capacity, its area of impact and its future technological flexibility. Overly conservative parameters in the plan may subsequently prevent the use of optimal technology, while overly ambitious parameters may increase the potential for social and environmental conflict.
700 Metres That Can Determine Project Economics
Generally, the distance between a wind turbine and a residential building or a mixed-use building with a residential function must be at least ten times the turbine's total height. A local spatial development plan may provide for a shorter distance, but never less than 700 metres. For turbines with a total height of 150–200 metres, the zone resulting from the 10H rule may extend approximately 1.5–2 km.
This demonstrates why an analysis of existing development cannot be limited to individual houses. It must also examine the provisions of applicable spatial development plans, decisions already issued and the potential for future residential development. At the same time, the plan should protect the area designated for the investment against subsequent residential development, as otherwise the project may become unfeasible before construction even begins.
Environmental Assessment: The Report Cannot Be the Final Piece of the Puzzle
The environmental decision is not an addition to the spatial planning process, but one of its main pillars. Wind farms with a total capacity of at least 100 MW are classified as projects always likely to have a significant impact on the environment. For projects with lower capacities, location, project scale and specific environmental conditions remain key considerations.
The risks extend beyond the content of the environmental impact assessment report itself. Environmental, planning and technical documentation must be based on the same assumptions: the number of turbines, their height, access routes, cable infrastructure and construction schedule. Any subsequent material change may require an amendment to the relevant decision or a reassessment of environmental impacts. Environmental information and documents relating to the proceedings are also, as a general rule, publicly accessible, while public participation is a statutory element of environmental procedures. Transparency must therefore be planned from the outset rather than treated as a response to protests.
The Municipality Is Not Merely an Authority - It Is a Project Partner
In wind energy projects, the municipality determines the spatial planning process, but it also hosts the local debate, benefits from tax revenues and acts as a partner in infrastructure development. Cooperation should begin before the formal procedure is initiated, starting with an understanding of the local development strategy, infrastructure constraints and community expectations regarding the investment.
If the project's area of impact extends beyond the municipality's boundaries, neighbouring municipalities also become involved. The municipality conducting the procedure must notify them of the commencement of planning work within three days, while interested residents must be given at least 21 days to submit applications concerning the draft plan. Moreover, if the required planning area in a neighbouring municipality is not covered by an appropriate plan, a building permit may not be issued for the turbines affected by this deficiency.
The new cooperation model also provides tangible benefits for residents. The investor must allocate at least 10% of the project's installed capacity to residents of the municipality, enabling them to participate in the virtual prosumer model. A well-designed participation programme can therefore become not only a statutory obligation, but also a means of securing local acceptance and creating a competitive advantage for the project.
How We Support Investors
Our role is to translate a complex administrative process into a controlled business process. We begin with a site assessment and the identification of spatial planning, environmental and property-related risks. We then coordinate the strategy for the local spatial development plan and environmental decision, ensuring that the project's parameters remain consistent with its financial model, grid connection conditions and lenders' expectations.
We also support dialogue with the municipality and the local community: we develop a cooperation framework, help structure communication regarding benefits for residents and address procedural risks before they develop into disputes. The objective is not merely to obtain a decision. It is to secure a legally robust, enforceable and sufficiently resilient decision that allows the project to proceed to the financing and construction stages without costly surprises.
Would you like to learn more about grid connections?
Meet us at Windenergietage 2026. On 11 November 2026, from 3:00 p.m. to 6:00 p.m., Justyna Loretańska, Henning von Zanthier and Jakub Wysocki will be available to answer your questions at our thematic table:
“Polish wind energy: legal, tax and market-entry considerations for German investors”
We will be pleased to discuss the acquisition and development of wind energy projects, greenfield investments, repowering, joint ventures, and the legal and tax framework for investing in Poland.
