The self-defense cancellation of the building permit issued to Cecere Development relating to the property in via Pastore is not valid. This was decided by the judges of the eighth section of the Regional Administrative Court of Campania who ruled on the appeal presented by Cecere Development srl, represented and defended by the lawyers Eduardo Romano, Alessandro Romano, Antonio Romano, against the Municipality of Aversa, defended by lawyers Giuseppe Nerone and Domenico Pignetti for the annulment of the provision of the Director of the Private Construction Sector of the Municipality of Aversa Raffele Serpico with which the official annulment of the Building Permit of a property in via Pastore was ordered.
The company of Alfonso and Yari Cecere had requested a building permit to carry out a demo-reconstruction intervention on the basis of the regional law on the housing plan and after about two years from the presentation of the last SCIA the administration, in the person of the former manager Raffaele Serpico, self-protectedly canceled the building permits issued for the construction of the project. For the Municipality there was “a state of fact revealed during the inspection” different from that reported in the graphic documents attached to the building permits” (in particular, in having represented in the tables of the graphic documents a height equal to 13.46 meters , while the actual one would appear to be equal to 14.58 meters, in not having indicated the depth of the balconies greater than 2.50 meters compared to the external edge of the building, in not having indicated in the technical reports attached to the two SCIAs that the art 14 of Legislative Decree no. 102/2014 had undergone changes at the hands of Legislative Decree no. 73/2020 resulting in a different calculation of the thickness of the thermal insulation packages. According to the administrative judges, “the administration was put in a position to verify the legitimacy of the building intervention already at the time of requesting the building permit and presentation of the two SCIA, with the consequence that the contested self-defense measure, as well founded , was adopted in violation of the 12-month deadline and without carrying out the balancing of interests that it requires (it should be remembered that on this point the provision limits itself to stating that the public interest would prevail over that of the private sector since it concerns the protection of the territorial planning). For this reason, Cecere Development’s appeal was accepted and the Municipality was also sentenced to 2 thousand euros in costs.
