the TAR blocks the demolition

PADUA – In via Umberto I, on the Prato della Valle side, there are two flues of a kekab shop that the Municipality – deeming them abusive – wants to break down, but can’t.

The stop came on Thursday with the Tar of Veneto which closed the first chapter of a story that has its roots eight years ago, when in 2016 during the works of renovation of what is the “Bangla Kebab & Pizza” in Corso Umberto I, the owner had installed two flues for the kitchen extraction system which, however, would not have been in order. On the one hand Palazzo Moroni which, on the basis of a series of reports from the local police, had decided to use an iron fist by giving the green light to the demolition of the two barrels; on the other, the owner of the food shop who – churning out documents from the Municipality itself – maintained that things had been done in a workmanlike manner.

HISTORY

After more than five years, and after theexposed due to alleged building irregularities presented to the Municipality by a resident of the building, in June 2021 the local police had carried out two inspections ascertaining that the flues placed on the wall of the building in via Umberto I “persisted below the peak of the roof of the building”. Hence the communication to the owner of the kebab to bring the systems up to standard “by extending – wrote the administration – the flues above the peak of the roof of the building, in such a way as to convey the cooking vapors directly into the atmosphere above the roof ”. Another twelve months passed local police had returned to the building highlighting how the works had not been carried out and that “the flues, positioned on the east wall of the building, had not been modified and that the eaves line of the roof, as the crow flies less than 10 meters from the veranda of the ‘apartment located on the top floor of number 91 and from the window positioned on the roof of the same apartment’. On March 27, 2023, here is the email from the Municipality’s Private Building Desk announcing the start of demolition procedures for illegal works.

THE DOCUMENT

It is at this point that the owner of the kebab dusts off one from the archives Dia (Declaration of commencement of activity for building works) which would have allowed the trader to build the two chimneys under dispute, in application of the provisions of the municipal building regulation in force at the time, in the version approved with the resolution of the Municipal Council, number 41 of 5 June 2006. A Dia on which the Municipality could intervene even years later (given an error in the drafting of the permit) but which it certainly could not cancel with a demolition order. The TAR writes: “The modus proceedandi followed by the municipal administration is therefore certainly clear illegitimate. The DIA, in fact, once perfected, constitutes a valid and effective qualification, which can be removed, by express legislative provision, only through the exercise of the power of decision-making self-defense. The illegitimacy of the repressive measure follows.”
And the flues remain there.

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