Lubartów, February 2020
They ask us what would we do?
We've already done something. We asked the County Office in Lubartów and the Municipal Office of Lubartów - we publish the answers under the text.
We know that the residents did not feel reassured by them. What is going on? A resident of Lubartów approached us, according to whom there is a project to locate a mobile telephone mast at Lipowa Street.
We asked the Poviat Starosty in Lubartów about submitted applications for a permit for the location and construction of such installations. As at the date of the reply, such proceedings are not pending.
In turn, the City Hall replied that there are basically no obstacles to the construction of such a mast, because if the local spatial development plan does not provide for it, it can be set up, as long as it does not violate the bans and limitations of the plan - except that the residential buildings are not such obstacle.
The so-called The Mega Act says that "The local spatial development plan may not impose prohibitions, and the solutions adopted in it may not prevent locating public purpose investments in the field of public communications, within the meaning of the provisions of the Act of August 21, 1997 on real estate management, if such investment complies with separate regulations. "
If we are not talking about a mast, but about a broadband installation, the Voivode issues a decision on the location of the regional broadband network.
If an investor applies for such consent - Voivode within 14 days from the date of submission of the application, notifies of the initiation of proceedings to determine the location of a regional broadband network:
1) the applicant - to the address indicated in the application for issuing this decision;
2) owners or users of perpetual real estate covered by the application for the issue of this decision - to the address indicated in the register of land and buildings or real estate cadastre with the effect of delivery;
3) other pages - by way of an announcement in the voivodeship office and in the Public Information Bulletin on the website of the voivodeship office, as well as in the offices of communes competent for the planned location of the regional broadband network and in the local press ...
The decision on determining the location of the regional broadband network may be appealed against by the party to the minister responsible for construction, spatial planning and development and housing. The appeal against the decision to determine the location of the regional broadband network contains objections relating to the decision, defines the essence and scope of the demand being the subject of the appeal and indicates the evidence justifying this claim.
They ask us what we would do. We would definitely raise an objection to the City and Starosty Office. We would ask the Regional Directorate for Environmental Protection if a request for a decision has been received. We would ask the Voivode if any proceedings are pending in this case. Remember that the law allows for the so-called tacit consent in the event of building a mobile phone station. So here there is a silent discord on the part of the inhabitants.