Can a PV installation increase flood risk? An example of successfully challenging a refusal to approve

A negative opinion from Wody Polskie can effectively block an investment, particularly during a period of heightened administrative caution following the flooding events of autumn 2024. This is exactly what happened to our client, who was planning to expand a photovoltaic farm.

The authority took the view that the investment would increase flood risk and breach the requirements of water management plans, leading it to refuse to approve the draft zoning decision. Our involvement, however, made it possible to overturn those unfavourable rulings that had been blocking the investor.

In the course of proceedings for a zoning decision, the company received a refusal from Wody Polskie to approve the draft decision. The authority argued that the expansion of the PV farm could pose a threat to human health and life and breach the applicable water management plans. The decision was issued during a period of heightened administrative caution following the autumn 2024 floods, which made obtaining a positive outcome even more difficult.

We were brought into the proceedings at the appeal stage. After reviewing the case files, we prepared a supplementary appeal submission on the company’s behalf. We also identified the need for an independent expert and technical analysis that could objectively assess whether the planned investment would in fact affect flood risk.

The expert analysis proved decisive. As a result of our actions, the President of Wody Polskie overturned the refusal to approve and remitted the case for reconsideration. The first-instance authority, having reviewed the technical opinion, approved the investment.

The positive approval opened the way to obtaining the zoning decision and, with it, to the realisation of the PV farm project.

This case demonstrates that in many situations an effective litigation strategy requires combining legal argumentation with a rigorous technical and environmental analysis. Only this kind of approach makes it possible to overcome the premature and often excessive or unjustified concerns of administrative authorities.