Renew MEP Michał Kobosko has asked the European Commission whether Poland's building planning and permission system ensures effective protection under the EU's Habitats and Birds Directives for species and habitats located outside the Natura 2000 network, following a local development plan in Bysina, Myślenice, that allows construction on a meadow hosting protected species despite a negative opinion from the nature conservation authority.
The parliamentary question, submitted on 26 May 2026, concerns the Bysina local development plan adopted by Myślenice City Council on 27 April 2026, which permits service and storage construction on three plots. Field research in 2025 identified habitat 6410 (Molinion caeruleae) and the presence of the corn crake and red-backed shrike, confirmed by the Regional Directorate for Environmental Protection (RDEP) in Kraków on 14 August 2025. The council adopted the plan despite the RDEP's negative opinion of 23 October 2025, citing the non-binding nature of the plan. Kobosko notes that the planning permission procedure is ongoing, with the RDEP highlighting a lack of tools to take species protection into account and that derogation procedures are conducted independently of the investment process.
Concrete asks and policy direction
The question contains three concrete asks. First, Kobosko asks whether the system ensures effective protection under Directives 92/43/EEC and 2009/147/EC when habitats and species are outside Natura 2000 and conservation authority opinions are non-binding. Second, he asks whether the Commission is considering action, including infringement proceedings, for a possible systemic issue with nature protection at the spatial planning stage. Third, he asks what measures could prevent irreversible destruction of habitat 6410 and species' habitats before planning permission is issued, referencing Article 6(2-4) of the Habitats Directive and the precautionary principle.
Expected follow-up
The Commission is expected to reply within approximately six weeks. Its answer will signal whether it views the Polish system as compliant with EU nature law and whether it plans further enforcement steps. The question highlights a tension between local planning autonomy and EU environmental obligations, with potential implications for developers, local authorities, and conservation stakeholders across Member States.
Stakeholder impacts
If the Commission finds a systemic issue, Polish local authorities may face stricter requirements to consider environmental assessments even for non-Natura 2000 sites, increasing administrative burden. Developers in areas with protected species outside Natura 2000 could face delays or permit denials. Environmental NGOs would gain a stronger legal basis to challenge planning decisions. EU institutions would see their enforcement role tested, potentially setting a precedent for similar cases across the bloc.
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