antenna denied in San Bartolo, appeal to the TAR against the Municipality

antenna denied in San Bartolo, appeal to the TAR against the Municipality
antenna denied in San Bartolo, appeal to the TAR against the Municipality

RAVENNA – Not all requests for the placement of new mobile phone antennas put the Municipality at the dead end of compulsory acceptance. This is demonstrated by the affair of the antenna that should have been built in San Bartolo, in via Cella: a few months ago the conference of decision-making services ended negatively and now that act – and the others connected to it – has been challenged by Inwit which filed an appeal with the TAR against the Municipality. The subject of the dispute is the opinion expressed by the Ediliza desk of Palazzo Merlato, which, reviewing the request, identified a conflict with the Rue di Ravenna regarding the so-called free view index: in short, the antenna would be located too close to a residential building, in contrast with the law which sets the minimum distance from property boundaries at 5 meters and that from existing buildings at 10.

What is certain is that, as highlighted several times by the Municipality, the limits within which the municipality can move in the field of new antennas are rather narrow, and often the granting of authorizations has triggered very heated controversies, just think of the case of the structure located in the Montessori Park. When, however, the alt arrives, the risk is to find oneself in court, as in this case. And it is not even certain that Palazzo Merlato will prevail, despite the reference to the urban building regulations, because in the hierarchy of sources of law the state law is obviously higher up, with all that entails recognizing telecommunications infrastructures in the category of public utility works.

According to Igor Gallonetto, councilor for the digital transition, the heart of the issue must be identified not so much in the landscape factor, but in the emissive power of the antennas, starting from the fact that the limit value of 6V/m has recently been more than doubled by the government at 15 V/m: «Our municipal council – says Gallonetto – had also presented an agenda voted by the majority, and only by it, in which it was mandated not to exceed 6 volts per square meter. Emissions are the thing that worries us the most because citizens’ health comes first and the 6 volt limit was already considered a guarantee, while raising the levels leaves many question marks. Before these decisions were made from above by the government, it would have been appropriate to delve deeper into the topic of the emission index from a scientific point of view”.

 
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