Cr2(so4)3 Density And Mole Fraction

PRG and building rights'. The State Council reiterates: The plan gives it, the plan may remove

With all due respect to those who prate of "development rights" conferred by the urban planning and not revoked without paying. A note, and the text of the sentence 2418/2009.

important decision of the Council of State (Section IV, n.2418/2009 ruling of January 10, 2009) emphasizes a principle long established in case law , and quietly walked to those who say that if a municipal development plan provides for a time that a specific plot of land is buildable, the owner was born in a "right building assault" that can not be revoked by a further stage. A confirmation, with some interesting integration in the public interest.
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The fact

The land of a certain subject, in the town of Perugia, had been placed in the Prg between building areas. Then the process was iniztato an estate plan, implementation of that provision; process that had lasted for many years without end with the formal documents required by law.

In 2002 the town had approved a new Prg, which in that area, along with others, had been classified as agricultural area cone. The company owner had recourse to the TAR, and this gave reason to the City. New application, this Once the top level of administrative justice.

The Council of State confirmed the opinion of Tar with some arguments that we want to summarize their general interest.

The ruling in three

The Council of State confirms, first, that a PRG (or a variant) has a power greater than that of a development plan which the process has ended, and so it can easily change or cancel the precision. So if the sentence expresses:

"Indeed, moving from its case law on the expectations from building subdivisions and modifications of the exclusionary planning instrument, must first and reiterate that no position can be legally recognized in an urban development projects that, when the change of the PRG are found to be still ongoing investigation or even a long time. It is evident that this is not present, due to the fact that while the variation of PRG takes immediate effect, however there is no approval for a legal act that has so risen to the rank of an effective planning instrument (in this case implementation, the initiative private parties, such as the development plan) and which must somehow be taken into account. "

The property was then argued that in any case, having the land-use edificatoria, had been paid to the municipality a share of the contributions pèrevisti for urbanization. The ruling states, which means that the City will likely have to repay the sum received, but is not a moot to cancel the variation of the Prg and restore the "development rights". Here are the words of the sentence:

"[...], the payment of infrastructure costs, far from being protected edificatoria expectations, it actually moves in the only mandatory field-sheet, generating more than a duty of restitution amounts unduly paid, but it can certainly lead to the emergence of a duty to provide reasons for its own particular land use decisions incisive expectations of mere fact. "

A further argument disputed by the company owner was the fact that, however, the City had changed the intended use of the land from agricultural to building assault. The verdict says that this is the full responsibility of the municipality, and that the situation documented by the plan revealed that, if there was a "calling", this was not agricultural and that it was perfectly legitimate to adapt to this reality with the requirements of planning. He claims that the ruling does not apply to contrast the prediction of the previous plan and that the new, as

"the correlation can not establish any illegality defect, representing the very content of the legitimate exercise of "jus variandi" within-planning and acts just the power to change the legal-urban area, which saw then change his "vocation" in the sense legal (in this case by edificatoria to agriculture). Another concept is represented by the "vocation" understood as geomorphological situation of the area in the context in which it is located upon exercise of the power-planning and then regardless of the legal target until that moment but that can be printed or had not expressed through an effective transformation of the territory. And it is this situation that is relevant with respect to its new legal-urban area that you intend to place and that, as correctly confirmed by the TAR, the City appears to have taken into account in this case where he showed (in the preliminary study and card 'land use) that the area has objectively as agricultural characteristics of nature "-irrigated arable land". Compared to the technical evaluation, therefore, the choice of giving the new PRG for agricultural purposes is entirely consistent [...] ".

summary: the general urban plan can change without a shadow of a doubt destinazione d’uso precedente, anche se è stata avviata e lungamente elaborata lsa procedura di formazione di un piano di lottizzazione. Oltre alla corretta motivazione, l’unica spesa che il comune deve sostenere è quella eventuale di spese legittimamente sostenute dal proprietario. É del tutto legittimo imprimere una destinazione d’uso agricola a un terreno precedentemente dichiarato edificabile quel terreno è idoneo per l’agricoltura.

Chiunque può pubblicare questo articolo alla condizione di citare l’autore e la fonte come segue: tratto dal sito web http://eddyburg.it

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