In an interview with Prof. Maciej Nowak, legal counsel and head of the Real Estate Department of the Faculty of Economics at the West Pomeranian University of Technology in Szczecin, we discuss the importance of urban greenery, the need for dialogue between academia and urban planners, and legal changes that could lead to more harmonious public space.
Prof. ZUT Maciej NOWAK - is a legal advisor and has been with the West Pomeranian University of Technology in Szczecin for almost eighteen years. In 2020 he became head of the Real Estate Department at the Faculty of Economics at ZUT, and is also a member of the Committee on Spatial Planning of the Polish Academy of Sciences and the Committee on Climate Crisis of the Polish Academy of Sciences. He has to his credit more than 200 scientific publications and several hundred popularizing publications, as well as numerous expert opinions and trainings in the field of legal conditions of spatial planning, real estate law, administrative and administrative court proceedings.
Ania Diduch: How does urban planning intersect with preventing the climate crisis?
Prof. Maciej Nowak: The relationship between these spheres is very important. This is confirmed by institutional and legal solutions in other countries, where there are special instruments linking the two spheres (for example, special spatial plans defining rules for the development of coastal zones exposed to climate change). Sometimes climate change forces more radical measures in some parts of the world, even the need to resettle settlements. We need to keep all this in mind when thinking about the Polish spatial planning system. And in this case, the link between spatial planning and the response to climate change is still very weak, usually only in passing. There are many spheres that connect the two groups of issues: protection and shaping of green areas, adaptation of cities to sudden weather changes (climate shelters, emergency spaces) or implementation of renewable energy sources. Reducing spatial chaos is also extremely important.
We still have problems with all this in the Polish system. Ideally, successive, substantive solutions combining these spheres should be introduced successively. However, we have a huge problem with this.
Greenery in the city is one of the most effective ways to improve the quality of space
Photo: © Mircea Iancu © Pixabay
Ania Diduch: If one wanted to compare urban planning to a kind of board game, would it be Monopoly or rather classic chess?
Prof. Maciej Nowak: I would refer to the example best known to me from my young years of Eurobusiness. In this game, you have to build as many houses and hotels as possible, generating further profits. This is the main goal of the game. When we imagine this example, let's relate it to the Polish space. And let's consider what the consequences might be if at least some investors have the attitude of Eurobusiness players. Undoubtedly , there must be legal and institutional mechanisms that would at least limit the indicated tendencies. Also, this is the task of spatial planning. Of course, it is not about banning and blocking everything everywhere. Nevertheless, good spatial planners should have the position and power to propose directions for the development of particular types of land. Otherwise, the consequences could be many. As the example of Latin American countries shows, space may turn out to be so appropriated that the only land suitable for common use will be, referring to Eurobusiness, a "runway field" or "prison"....
Good urban space should be resilient to climate change and use renewable energy sources
photo: © Kev © Pixabay
Ania Diduch: What are the biggest legal non-functionalities that make Polish public space not develop in a smooth and harmonious way?
Prof. Maciej Nowak: Let's emphasize that law is not everything. The way in which spatial planning law is interpreted and approached is to a significant extent a consequence of a country's socio-cultural conditions. Saying this, it should be pointed out that until the 2023 amendment, a particularly negatively distinguished legal instrument was the zoning decision. This is a peculiar phenomenon on an international scale "driving" spatial chaos. A situation in which space is shaped from the bottom up by thousands of administrative decisions cannot lead to good results. We feel this very painfully. The problem, however, as I mentioned, is more capacious. It includes an overly broad understanding of the rights of property owners in spatial planning, including the ability to effectively challenge plans that are inconvenient for space users.
We are currently in the process of implementing a broader reform of urban planning law. It is difficult to clearly assess the effects, the intentions of the legislator were good, but municipalities now have to deal with a lot of dilemmas (in a very short time) related to the introduction of new instruments. Something good does not always come out of such hasty actions.
A situation in which space is shaped by thousands of administrative decisions cannot lead to good results
pic: © Harisankar Sahoo © Pixabay
Ania Diduch: What effective methods do you see for educating urban planning participants? Different kinds of competencies are needed for city officials and others for urban planners or architects.
Prof. Maciej Nowak: Education is needed. It's a matter of providing relevant spatial-climatic information in schools and various university courses. It's also important to patiently provide information based on sound research. Currently in the public space we are struggling with countless fake news and simplifications. Sometimes there is a certain helplessness in this regard. Nevertheless, one cannot let go.
Photo: © Pexels © Pixabay
Ania Diduch: Green cities: are they the answer to most of the ills of climate change prevention? Does green really stimulate new relationships and improve the quality of life in cities? Where to get knowledge about managing and planning greenery in public spaces?
Prof. Maciej Nowak: Yes, greenery is extremely necessary in urban spaces. This is confirmed, among other things, by the research of the international team I lead. Together with researchers from countries as diverse as Australia, Brazil, Mexico, Iran and Ghana, we compared approaches to greenery in the cities we selected. It turns out that everywhere, based on diverse experiences, despite extreme cultural and political differences, the need to promote green spaces is found. Of course, in different cases different conditions block this: weak laws in Poland, resistance from conservative tribes in Ghana, centralist governance in Iran or the problem of informal settlements in Brazil and Mexico. Everywhere, however, the objective necessity of combating the indicated challenges is stated. Greenery also plays a role in recreation, and is an important basis for developing appropriate health policies.
Reliable knowledge can be drawn from good scientific publications. Only they provide a real guarantee that the information they convey is objectively verified and evaluated. Such a guarantee is not provided by unverified Internet sources.
Photo: © alba1970 © Pixabay
Ania Diduch: How can public space be effectively protected from urban chaos?
Prof. Maciej Nowak: There is no simple solution for all space. Legal solutions need to be improved, and softer action also seems necessary, especially the development of public participation mechanisms. However, when it comes to public space, more active interference in it by (acting in accordance with the suggestions of spatial planners) public authorities is justified. At present, local authorities often have neither the determination, nor the expert support, nor even the courage to enforce optimal spatial solutions more forcefully.
In the end, the law is not everything, the most important thing is that the people creating and enforcing it have the right sensitivity and competence; drawing on the knowledge of the academic community conducting research on urban planning can help develop them
Photo: © Christop © Pixabay
Ania Diduch: Finally, I wanted to ask about the rift between academia and lawmakers and city officials. How would you see effective communication between these communities, and what point of view does the academic community bring to the table, and how does it enrich and support better urban planning practices?
Prof. Maciej Nowak: The relationship between academia and the sphere of decision-makers is a river topic. The two circles cannot intermingle too much - rarely can anything good come out of excessive intimacy. In the model, decision-makers benefit from expert studies and take seriously the results of research and related demands.
And in practice... These noble goals are obscured by political opportunism or the pragmatics and habits of the office in question. Of course, this does not mean that the aforementioned translation of science into practice cannot be attempted. In this regard, much can and should be demanded of scientists. They must be, on the one hand, independent and objective, and, on the other hand, very strongly scientifically committed. In this way, they can create objective organizations, think tanks, whose findings will be valued and important to legislators and city representatives (regardless of the professed option). However, even with these conditions in place, there is no guarantee that politicians will take the reported recommendations seriously. In any case, a lot must be demanded from both circles. This will increase the chances of at least partial success.
Ania Diduch: Thank you for the interview.
interviewed: Ania DIDUCH
more: A&B 11/2024 - Soul of Europe, Soul of the City,
download free e-publications of A&B