The Urban Revolution in Sicily
Regional Law 19 of 13.08.2021 “Rules for the government of the territory”, modified by Regional Law 2 of 03.02.2021 “Corrective action to the regional law of 13 August 2020, n. 19 laying down rules on the government of the territory “
In the Sicilian Region, the Urban Planning Standard, of exclusive regional competence, has been updated with Regional Law 19 of 13 August 2020. The law, challenged in October 2020 by the Council of Ministers, is fully amended in order to overcome the problems previously emerged, and on 12.02.2021 it is published in GURS SO n. of 12.02.2021 of the Sicilian Region the LAW 3 February 2021, n. 2., Corrective action to the regional law 13 August 2020, n. 19 laying down rules on the government of the territory.
The consequent TU is a modern text based on environmental protection, with a focus on the limitation of land consumption and social participation, which introduces a sustainable concept of participatory territorial planning and which repeals, after 40 years, the LR 71 / 78.
The purposes and principles contained in art. 2 and 3 of the same Regional Law 19 of 13.08.2020
1. Territorial governance actions, in compliance with and implementation of environmental sustainability objectives and related obligations, are implemented through an efficient system of territorial and urban planning and are based on a systematic and continuous knowledge of urban transformation processes and territorial, pursuing the following objectives of public importance:
a) provide for the development of cities and the regional territory, in a harmonious, sustainable and lasting way, with the aim of promoting beauty, healthiness and the improvement of the quality of life in cities, territories and the environment;
b) ensure that the processes of urban and territorial transformation are compatible with the safety and reduction of territorial risks, the health and quality of life of citizens, preserve the physical characteristics of the territory from irreversible alterations and maintain its historical identity. cultural heritage with adequate recovery actions of the compromised sites, in compliance with the provisions on the protection of cultural heritage and other sector regulations affecting urban planning-building activity;
c) promote the enhancement and improvement of the environmental, architectural, cultural and social qualities of the city and the territory, through redevelopment of the existing fabric, also aimed at eliminating territorial inequalities;
d) enhance historical centers, promoting and implementing urban restoration, urban redevelopment and building recovery interventions;
e) reduce land consumption, limiting it to cases in which there are no viable alternatives;
f) guarantee urban planning capable of achieving an equitable distribution of the advantages and burdens connected with the territorial transformation, applying in any case equalization systems;
g) to promote knowledge of the territory through tools shared between the Region and local authorities;
h) promoting and developing sustainable urban regeneration interventions.
1. The functions of government of the territory are carried out by local authorities and by the Region in compliance with the canons of efficiency, economy and impartiality of administrative action as well as in compliance with the principles of:
b) sustainability and land use tending to zero;
e) simplification and flexibility;
2. The government of the territory is implemented through a plurality of plans, coordinated and differentiated between them, which together make up the scenario of the planning of the entire territory and the strategies and dynamics of the housing, production, environmental, landscape and cultural systems that make it up.
Let’s see in summary what comes from the new standard:
• makes the SITR, the regional territorial IT system, the IT tool of reference for administrations and users;
• introduces the urgency and the obligation of drafting and adopting the PTR a single Regional Territorial Plan, of which it defines the contents and the responsibilities of drafting and approval (Territorial and Environment Department). Therefore, the legal validity of the Provincial Territorial Plans lapses, a choice actually desired by the National Government, in the appeal.
• introduces additional territorial planning tools at the consortium level (Consortium Territorial Plans PTC) and at the metropolitan city level (Metropolitan City Plan PCM) and determines the transformation of the Municipal Master Plan into a PUG (Municipal General Urban Plan).
The transformation of the PRG into PUG is substantial and includes some specific changes in the area of definition, management and protection of the woods.
The changes concern the contents and participatory training procedures of the new PUGs, which will allow the streamlining of the SEA procedures that have literally stalled some procedures of variant of the PRG in the last decade, in which the numerous legislative changes have forced the Municipalities to update more times the instruments in place.
Today the situation of the various Sicilian municipalities is very “varied” and there are even municipalities with PRG in force dating back to the 70-80s, in the phase of variation with VAS procedures not yet completed.
While with regard to the definition, management and protection of forests, the TU amends the coordinated and updated law 16/96 with its subsequent amendments, resulting in 3 very important changes in this area:
• The definitive affirmation of the application in the region of Legislative Decree 34 of April 3, 2018 (Law 16/96, as amended by Regional Law 14/06, instead referred to Legislative Decree 227/01, now repealed ) (art.37 paragraph 4 LR February 3, 2021, n.2);
• The repeal of art. 10 of the same updated and coordinated law 16/96 (art.37 paragraph 5 L.R. 3 February 2021, n.2);
• The deletion of the words “from the limit … forest” of letter e) paragraph 1 of art. 15 of LR 76/78 (art.37 paragraph 6 LAW 3 February 2021, n.2).
From the combined reading of the new urban planning law and the texts modified by it, the disappearance of the BANDS OF RESPECT of woods and similar derives and the concept of absolute inedifiability within woods and similar areas, which becomes the possibility of carrying out some works and activities, subject to compliance with the contents of the Provincial Landscape Plans, but with the specific authorization of the provincial BBCCAA Superintendencies.
The regional choice confirms the decision to adhere, as far as possible, to what is already in force in the rest of the regions of Italy.
The recent publication of the standard makes certain elements that will be clarified in the coming months undetermined; for example, the first Bill connected with the new law is already in the courtroom, which will define, among other things, the city-planning changes allowed in agricultural areas.
From the above for our purposes it follows that:
– future projects of photovoltaic systems on land can and must comply with what is currently applicable of the standard, in the absence of the new planning tools and to be successful they must embrace the principles of sustainability, taking into account the applicable requirements, without further clarification.
– Any subsequent implementation decrees must be implemented from time to time.
Text updated on 22.02.2021
Natalia La Scala