Business closed and building permits canceled in self-defense. The eighth section of the Campania Regional Administrative Court – president Alessandro Tomassetti – rejects the appeal of a company, therefore confirming the measures adopted by the Municipality of Aversa.
The story began in 2023 when the Authority, defended by the lawyer Giuseppe Nerone, ordered the “immediate cessation and closure of the commercial activity” by revoking, in self-protection, also the building permits previously issued. In practice, as confirmed by the judges, the Municipality would have correctly applied the municipal building regulations that allow, in the underground and semi-underground floors, only the location of “warehouses and garages”.
The permits – as stated in the reasons for the sentence – would have been based “on false representations of the facts” since the basement premises, subject to regularization, would have hosted commercial premises open to the public “thus effectively “transforming” into a commercial activity also the part originally used as a warehouse”, the judges continue. An “omission” that “takes on, in the opinion of the Panel, decisive significance”.
In particular, “the opinion of the Board, re melius perpensa, is instead in the sense that the transformation of a warehouse for storage, as well as other accessory rooms (e.g. garage), into a space for commercial use cannot be considered irrelevant from an urban planning point of view, since ‘in building matters, the change of intended use of a pre-existing building does not require any permit only in the case in which it occurs between homogeneous building categories'”, the judges write. The appeal was thus rejected.
