Landscape Authorization: the opinion of the superintendence is binding

Source: www.ediltecnico.it

The Superintendence has a lot of discretion in expressing opinions on compatibility on the landscape authorization. Its power of technical assessment exercised is reviewable before the courts only if it is not supported by a reason, only if it is clearly illogical or if it is an error of fact. This is mentioned in sentence 197/2018 of the Council of State.

Landscape authorization, what makes the opinion valid

For landscape authorizations, the Superintendence’s motivation is adequate if it responds to a model that includes points a, b and c:
a) a description of the building with indications of dimensions, shapes, colours and materials used;
b) indication of the landscape context in which the building is located, also with, possibly, the indication of other existing buildings, their position and size;
c) the relationship between the building and the context, also through the indication of the visual impact in order to establish whether it fits harmoniously into the landscape.

An opinion of the Superintendence that does not include even one of these requirements is open to question. The reference sentence is that of the Council of State, of 15 January 2018, no. 197.

We add that the reasons for the definition of the landscape authorization must be based on objectively verifiable factual elements such as: the volumetric increase, the extension of the linear development on the seafront, the greater consumption of land, the change in the natural slope, the destruction of Mediterranean vegetation, the need for new plantings or other elements that cannot be the subject of an independent assessment in court. Otherwise, the judgment can be challenged in court. The reference sentence for the latter paragraph is: Council of State, 6165/2017.

Simplified landscape authorization: role of the PA

We remind you that with the application circular no. 42 of 21/07/2017 the Directorate General for Archaeology of the Ministry of Cultural Heritage intends to clarify the interpretative doubts that emerged in the first months of application of Presidential Decree 31/2017. We remind you that the decree concerns interventions excluded from the landscape authorization or subject to the simplified landscape authorization procedure. Read the full article.

Simplified landscape authorization, new indications from the Ministry

The Ministry of Cultural Heritage has provided clarifications to put into practice the regulation of the simplified landscape authorization (Presidential Decree 31/2017). The circular is no. 42/2017 and opens with a clarification on the role of the professional with respect to free and non-free interventions. For those that are not free, a professional, appointed by the private individual, is required to certify compliance with the conditions and prerequisites for building purposes, and the same professional must also be able to certify the recurrence for landscape purposes. For free interventions, in general, no formal fulfilment is envisaged, but for more complex interventions, the Ministry suggests applying for landscape authorisation on the basis of Annex B of the regulation. Read the full article.