The PPE of the Municipality canceled by Commissioner Giacomo Barbato seem like ghosts, they still hover over many judicial proceedings and compare everything that those blessed, or cursed, Plans produced. This is also the case for two overlapping cases but with very different fates, namely the building in via Ombrone della Corisma and the one in via Piave della Piave Costruzioni, recently seized again. The sentence of the Civil Court which has just condemned the company to reimburse the buyers in good faith had presented a request to the Municipality of Latina to resume the works which was rejected by the Private Building Service and the judge in this latest verdict states that he was right.
A similar request was presented by the Piave company and in that case it went well, because the authorization was received to resume work to complete the building.
What happened? Apparently just a little more time has passed and the managers have changed. There is also a further element that unites (or divides) the two events: in the case of Corisma the administration appealed the Administrative Court ruling which ruled in favor of the company regarding the ineffectiveness of the cancellation of the plans alone for the purposes of the order of demolition of illegal works.
In the case of Piave Costruzioni, however, the Piazza del Popolo entity did not appeal the TAR’s decision which, equally, agreed with the private company for the same considerations. It would also appear, on the sidelines of the controversy over the independence of the municipal lawyer, that the Legal Service twice urged the administration to appeal against the TAR’s ruling in favor of Piave Costruzioni. An appeal which, as we know, was never presented and the Municipality subsequently authorized the resumption of work to complete the building. This was not possible for Corisma and according to the Civil Court it was a legitimate choice and consequential to the cancellation of the detailed plans.
Textually, the recent ruling concerning Corisma specifies that «… the applicability of the art. was correctly excluded by the Director of the Public and Private Building Service. 15, paragraph 4, of DP 380/2001, in the demolition order of the building in Via Ombrone. In this sense, in fact, the manager excluded the operation of the exception provided therein, in relation to the ultra-activity of the building permit with respect to the adoption of an urban planning variant which no longer allows the execution of the work, being, in this case of a building permit issued pursuant to acts declared illegitimate”.
It must be said that the cancellation of the Detailed Plans unleashed an urban planning chaos with few precedents and that many of the constructions started on the basis of those Ppe were overwhelmed.
In many cases, the total good faith of those who began to build in areas originally intended for something else was not convincing, however what happened subsequently, with the individual assessments, ended up creating further chaos.
