Eco-cities in their infancy

Sustainable development, eco-friendly construction, green solutions... buzzwords that now seem to crop up everywhere in the mission statements of developers. They are, in fact, helping to ensure that projects live up to these ideals – by encouraging guidelines from the top (such as at the European level) to be followed. But developers are also embracing green building for strategic reasons. Developers are increasingly having to adjust to the green strategies adopted by different cities. And, mainly when it comes to cities in the CEE region, herein lies the problem. Green policy in the region’s cities is in fact a little obscure. But this does not mean that it does not exist. It exists, but is focused on specific projects. Developers still have to navigate through a maze of rules and regulations that are often hidden away in a variety of directives, laws, regulations and zoning plans.

Where is the green policy?
Which legal acts can affect the projects implemented by developers? The green policies of cities, although mainly decided by the city councils, are also determined by EU and state regulation. These documents are often general and relate to matters such as energy policy (the reduction of CO2 emissions, the use of renewable energy sources and energy certificates) and land use (the parameters for the construction of new buildings, including the amount of biologically active surface). Nationwide regulations usually only affect projects in a general way. But this is not always the case. It could happen that regulations issued by the state can block a specific project. Romania provides one such example: in March the national parliament passed a bill to prohibit the conversion of land classified as a green area for other purposes. This turned out to be to the detriment of Globe Trade Centre, which had long been planning the development of the Galleria Bucureşti shopping centre in the capital city. The site of the project was designated as a ‘green area’. The new legislation forced the developer to abandon the project. “The company is not planning to build Galleria Bucureşti in the nearest future and is concentrating instead on projects such as Galeria Wilanów, Galeria Białołęka and Ada Mall. Nevertheless we support the lobby that is trying to change the Romanian law so that private property is excluded from the limitations imposed by this regulation,” comments Alain Ickovics, the president of the board of GTC. The land on which Galleria Bucureşti was to have been built cost the company EUR 20.4 mln. Usually, it seems that for developers the most important documents related to the development of urban areas are the zoning plans for the city. It is these that include the most important rules for the city’s development. We are talking about those that take into account the intended use of the land, the environmental and cultural heritage requirements, the opportunities to develop areas based on improvements to the infrastructure and communication networks, green belts, the boundaries of protection zones, and so on. These have a direct impact on specific projects, clearly defining their parameters. “In preparing local spatial development plans, the city must take into account the differing needs of local communities. On the one hand, people expect development in well-connected areas with the necessary technical infrastructure – i.e. within the administrative boundaries of cities. On the other hand, they also need access to green areas, such as parks, gardens, etc., as well as contact with raw nature, which is usually situated in areas regarded as wasteland or unsuitable for urban development,” explains Małgorzata Baran-Barańska, an architect in the project management department of Cushman & Wakefield

Problems, problems
One of the most important provisions of municipal construction is the biologically active surface ratio. In Poland, this must be kept to a minimum of 25 pct. It can happen, however, that in some cases this threshold is as high as 50 or even 70 pct. This was the case, for example, for Marvipol’s residential development on ul. Bernardyńska in Warsaw’s Mokotów district. “The biologically active surface requirement for this project was very high. Hence we came up with the idea of creating a lake with a surface of more than 2,000 sqm. We have also provided substantial recreation areas,” claims Jacek Ochmański, the director of project preparation at Marvipol. So the provisions of local plans enable developers to retain some green spaces and to create recreational areas – both of which are of great importance for residential estates. Even though meeting these requirements often means higher investment costs for developers, ultimately it is estates with large green areas that will win the battle for buyers. Such examples can also be found on the office market. In Warsaw’s Wilanów district one can safely walk along the green lanes around the offices of Polnord built as part of the Wilanów Office Park complex. These are some of the positive examples. Unfortunately, developers also have to face a number of problems. It often happens that the rules are too general, such as a requirement for renewable energy to be used – and that’s it. There are no specific guidelines and the provisions are sometimes mutually exclusive. Photovoltaic panels cannot be installed on a plot designated for the construction of a commercial building, as they are an alternative energy source and the local spatial development plan includes a ban on production (solar power being a form of energy production). “We can see that urban green policy mainly involves carrying out temporary solutions. There is a lack of coordination and coherence with the national law, which is also often unclear. We have to cope with a rather chaotic attempt to ensure balance instead of a well thought out, well-organised and informed policy,” complains Jacek Ochmański. Warsaw city council emphasises, however, that the city is trying to meet the needs of developers. “We are aware that some provisions, such as those in local plans, restrict the use of environmentally friendly solutions. Individual adjustments to these documents are required. It is also important to specify certain issues in local plans. We need to bear in mind that the work on these documents often took place at a time when a new approach for energy had yet to be discussed. This is a topic that needs to be discussed with developers,” says Leszek Drogosz, the director of the infrastructure department of the City of Warsaw.

Examples from around the world...
Is it possible to think up a coherent urban policy for sustainable development? In the US the San Francisco Planning Department has recently implemented a programme in line with national requirements for sustainable development. The scheme is aimed at reducing water consumption and waste. In order to do this, the Eco-Districts programme has been set up. Its aim is to make the owners of properties, businesses and residents cooperate to develop and initiate sustainable development projects. Coordinating their relative actions is important – individual property owners and housing associations have clear guidelines on how they should adapt to the requirements of ecological lifestyles. Municipal projects also form part of the scheme, involving, among other measures, the collection of rainwater from the streets, which after filtering can be at least used to irrigate home gardens. The Eco-Districts programme has already been successfully implemented in Washington DC, Boston and Seattle. Unfortunately, there are no such well-devised, comprehensive, and centrally coordinated schemes in the CEE. In this regard government regulations are scarce. For example, work on the renewable energy law in Poland has stalled, although a bill is ready. It is also important that legislators and local government act in concord with each other. “The provisions for the establishment and maintenance of green areas should be included in the real estate act. This is a necessary step in reforming green urban policy. Local spatial development plans or the site development conditions (if there are no plans) are not determinative in relation to the property, apart from the possibility of the expropriation of land for public purposes. Proposed legal changes would allow cities to implement green policy in a planned and purposeful way. Natural areas would be maintained or created to increase the non-profit value of neighbouring areas. New provisions in the act allow for the potential use of legal instruments in situations where the actions of investors and landowners are undesirable in terms of the well-being of the residents. But at the moment, city authorities have to evaluate each case individually,” points out Małgorzata Baran-Barańska.

...and from Poland
However, such schemes, incentives or even legal avenues for developers of green projects in urban areas are almost non-existent. Some cities, however, stand out in this regard on the Polish map. Szczecin is one such example. The city is currently drawing up its development vision for 2050. According to this, Szczecin’s administrative centre is to be moved to Śródodrze district, one of the islands of the city. A new residential district with more natural greenery is also planned for the island. Hence the name of the programme: Floating Garden. “In order to ensure a high quality of life, there is a need for regeneration through the development of urban areas. Our activities in this area include, in particular, taking on the investment needed for the restoration of social and economic activity in contaminated areas, such as post-industrial and post-military zones, as well as in those areas of the city centre suffering from depopulation. This incurs costs related to the renewal of technical and social infrastructure, but in the long run results in the reversal of the migration trends of the population,” claims Tomasz Klek of Szczecin city council. In addition, the city has set up the ‘Green Backyards of Szczecin’ programme aimed at improving the conditions and aesthetic impact on the local environment of buildings, and the plans lay particular emphasis on creating green spaces with the necessary infrastructure, as well recreation areas and playgrounds. The city is also subsidising housing cooperatives that decide to build green projects. A similar policy has also been instituted by the European Union, with which the Ministry of Regional Development is cooperating in this field. In the new financial perspective for 2014–2020, it will be possible to obtain EU financing for urban development according to such guidelines as limiting ‘urban sprawl’ to the outskirts of the city and the revitalisation of historic buildings. This could be important for certain urban projects, such as one in Warsaw, where a new district, Chrzanów, is to be built bordering Bemowo district – of course, only provided that the project secures funding from the EU budget. Although this is only the beginning, Warsaw’s authorities are also opting for green solutions. Usually the issue of green building is limited to energy consumption. “In 2011, the city council adopted an action plan for sustainable energy consumption. This is our ‘constitution’ on the green policy for investment. It includes such aspects as EU support for the reduction of CO2 emissions. By 2020, in Warsaw we would like to reduce these emissions by 20 pct. This in turn depends on the number of low-emission buildings. We therefore encourage developers to modernise old buildings and to construct new ones according to higher energy standards. We believe that consumption of 50 kWh per sqm is the level to which we should aspire. Today, the standards are still set above 100 kWh per sqm,” says Leszek Drogosz. And this is not the end of the list of ideas for the capital city when it comes to green policy. “We are committed to the implementation of a plan involving the construction of a low-emission housing estate. It could be built, for example, in the Targówek Fabryczny district due to the convenient rail connections, including a station between Ząbki and Warszawa Wileńska which is under construction. The local municipal solid waste disposal plant could be used as a source of electricity and heating for the estate. Currently we are trying to encourage developers to invest in such projects. As a city we do not have such a large area that belongs to us and where we could sell the plots on the basis of two criteria: the price and the environmental requirements for the project. We must therefore act by promoting similar initiatives,” declares Leszek Drogosz. Another idea of the city council is to modernise a tram depot on ul. Siedmiogrodzka in Wola district. “The project is at the concept stage. After comprehensive modernisation, the almost 4 ha site with typical industrial architecture will become the headquarters of Tramwaje Warszawskie [Warsaw Trams], as well as a home for the city’s archives. All of this would be covered with a green roof and serve as a public park. The idea is for the whole building to consume a minimum amount of energy, taken from renewable sources, such as solar collectors and photovoltaic panels. The city will try to fill out the project with a cost estimate and apply for EU funding,” states the head of the infrastructure department. Warsaw is also preparing to introduce a solar map under the ‘Cities on Power’ initiative. Thanks to this, the inhabitants of the city will be able to find information on how effective the installation of solar panels on the roofs of their buildings will be. The system is designed to identify the sun exposure of specific buildings, and the pride and joy of it (as far as the city council is concerned) is an integrated power management system, which is to be installed in public buildings. “We are currently testing this solution in 80 schools in Warsaw and municipal buildings,” adds Leszek Drogosz. Green policy needs to be sorted out and modern ecological solutions need to be promoted, chiefly because they pay off. “Since 2010, the European cities which have most effectively implemented green policies have been awarded the title of European Green Capital. One of the twelve criteria considered by the independent experts is the requirement for sustainable land use, green urban areas, nature zones and biodiversity,” says Małgorzata Baran-Barańska. To date this title has been awarded to Stockholm (2010), Hamburg (2011), Vitoria (2012), Nantes (2013), Copenhagen (2014)... and maybe soon a Polish city will be crowned European Green Capital? Keep an eye on Bydgoszcz as it competes for the title for 2015.



Green regulations (selected documents related to environmental standards)

EU regulations
Directive 2009/28/EC on the promotion of using energy from renewable sources

Polish documents
Polish Energy Policy Act for 2030, passed by the Council of Ministers on November 10th 2009
The Energy Act
The Regulation of the Minister of Economy of October 18th 2012 on the specific scope of responsibilities with regard to obtaining certificates of origin and submitting them for redemption, the substitute fee, the purchase of electricity and heat from renewable energy sources, and the duty to confirm the data concerning the amount of electricity produced from renewable energy sources
Local spatial development plans
The Act of April 15th 2011 on Energy Efficiency
The Statement of the Minister of Economy of December 21st 2012 on the detailed list of projects to improve energy efficiency
The Act of September 14th 2012 on the obligations to provide information on energy consumption by products using energy
The Act of August 25th 2006 on bio-components and liquid bio-fuels
The Act of November 21st 2008 to support thermo-modernisation and repairs
The Act of July 7th 1994 – Construction Law
The Regulation of the Minister of Infrastructure of April 12th 2002 on the technical conditions to be met by buildings and their locations
The Regulation of the Minister of Infrastructure of November 6th 2008 on the methodology for calculating the energy performance of the building and the residential unit or part of a building which as a separate technical-functional unit and the method of preparing certificates and certificate models of their energy performance
The Act of March 27th 2003 on Spatial Planning and Development
The Regulation of the Minister of Infrastructure dated April 28th 2004 on the scope of the study project for the conditions and directions of the spatial development of a municipality
The Regulation of the Minister of Infrastructure of August 26th 2003 on the method of determining the requirements concerning new buildings and land development in the absence of a local spatial development plan
The Act on Spatial Planning and Development (amendment of April 12th 2013)
The Nature Conservation Act of April 16th 2004