the Council of State rejects Italia Nostra’s latest appeal

The construction of the is legitimate Crescent. The judges of the State Council for whom the appeal proposed by Italia nostra non-profit organization – for the reform of the sentence of the Salerno TAR – is to be considered “partly inadmissible, partly inadmissible and partly unfounded”. The Council of State, in safeguarding the construction of the half-moon building of Bofill with the redevelopment of a degraded area which also saw the birth of Piazza della Libertà, he referred to the extensive exchange of correspondence and memories between the various ministries involved, the Municipality of SalernoL’Port system authority of the central Tyrrhenian Seathe companies interested in the construction of the building and the environmental association itself which – on several occasions – had requested the cancellation of all administrative documents relating to the urban planning intervention.

The decision of the TAR (with a 2019 ruling) was being examined by the Council of State, which had brought together a series of appeals which had been declared partly inadmissible, partly inadmissible and inadmissible, partly unfounded. It is precisely against this last sentence that Italia Nostra had appealed whose decision-making perimeter – judges of the Council of State wrote in the ruling – is limited “to the landscape profile” (the only one excluded from the 2013 ruling which had already established that the creation of Bofill’s crescent was not in conflict with the legislation evoked by the appellant) in relation to the union on landscape authorizations 88/2014 and 89/20014 (implementing the respective favorable opinions, with prescriptions, of the Superintendent both on the Pua and on the definitive project of the works) and the subsequent acts transposing the requirements of the Superintendence. And the administrative judges write in the sentence: «For these environmental and state property profiles, the appeal is inadmissible introducing new reasons pursuant to article 104, third paragraph, or reiterating the same defects on the building permits relating to the Crescent building and all the documents of the proceedings, already examined and deemed legitimate with a 2013 sentence and therefore covered by the previous administrative judgment of non-judgements subject to revocation and not annulled by the Court of Cassation”.

For this reason, limited to the landscape profile «the appeal is unfounded as not motivated by the violation of particular protection constraints or by an actual degradation of the landscape context considering that it involves the creation of an important architectural work of overall redevelopment of a previously degraded urban centre, certainly attributable primarily to the economic interest that motivated the private financing of the new building works and can be evaluated differently in terms of subjective aesthetic appreciation, but certainly legitimate from the point of view of evaluation, weighting and comparison of the different profiles of public interest with the Municipality which has considered the needs for accommodation and modernization of the urban habitat are prevalent with respect to the preservation of traditional contexts that are now compromised, as already clarified by the Superintendency with two opinions adopted following an extensive investigation open to all the interests involved”.

The lawyer intervened on the ruling of the Council of State Orestes Augustwho together with his colleague Pierluigi Morena represented Italia Nostra in the administrative proceedings, who defined the decision as “uncommentable”, stating that “once again the administrative judges do not respond to the very serious illegitimacy and illegality of the occupation of state water and maritime property and, above all, on illegal and dangerous diversion of the Fusandola stream. The Council of State took refuge in presumed inadmissibility without ruling on the merits of legitimacy. Everything is sent back to the Municipality of Salerno which, following the criminal sentence for the illegal diversion of Fusandola, did not even renew the four-year state concession.”

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