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NTA del PRUG: sono illegittime quando incomprensibili

With No Judgement 2661 on 28 June 2010, the second section of the Lombardy Regional Administrative Court has criticized the NTA of the City of Burnish the PRUG Moldova, Article 35 provide that the area "G -Respect "" These areas may be subject to coercive planting. The technical standard appeal, says the RAC, not immune to doubts and objections to lack of reasoning contained in the application, does not seem clear " if the buffer zones there is a real obligation or merely an option (or opportunity, not wanting to follow the plain language of the City), and - in the first scenario - depending on which specific rule or general principle, individuals can impose the obligation of a positive act, such as placing plants in the area of \u200b\u200brespect " .
The maximum reported in the Forum Administrator - No TAR 6 / 2010 aptly summarizes the terms of the legal significance of difficulty of the standard display:

E 'unlawful a provision of the NTA of the PRG, the darkness and lack of intelligibility of its formulation, makes it extremely difficult for the interpreter to understand the exact limits building activity in it .

This is a significant step towards the final implementation of the transition from one administration procedures a result (Cerulli Irelli), at the time called for in the field of public involvement in sustainable development policies (v ., on SEA, " territorial transformation processes and forms of participation Digital "on www.webimpossibile.net).

The decision of the Court of Lombardy is available on the site of TAR to this address.