Order no. 20488 of 2023: The Primacy of the Landscape Plan over the Park Plan

The recent order no. 20488 of January 13, 2023, represents an important reference point for the protection of protected areas in Italy. In this ruling, the Court of Cassation clarified the relationship between the Landscape Plan and the Park Plan, establishing that the former prevails over the latter in cases of violations of landscape constraints. This clarification is crucial for understanding how Italian legislation is structured in protecting the environment and natural heritage.

The Regulatory Context

The decision is in line with Legislative Decree no. 42 of 2004, known as the Code of Cultural Heritage and Landscape, and Law no. 394 of 1991, which governs protected areas. In particular, Article 181 of Legislative Decree 42/2004 provides for sanctions for those who carry out works in violation of landscape constraints. This aspect underscores the importance of respecting environmental protection plans, highlighting that the territorial landscape plan has a higher hierarchical position than the Park Plan.

The Ruling's Headnote

D.lgs no. 42 of 2004 – Law no. 394 of 1991 – Landscape violation – Relationship between Landscape Plan and Park Plan – Primacy of the former over the latter – Existence. Regarding the protection of protected areas, the crime referred to in art. 181 of d.lgs. January 22, 2004, no. 42, exists in the case of works carried out therein in violation of landscape constraints, as, in the order of prevalence that state legislation dictates between landscape planning instruments, the territorial landscape plan is hierarchically superior to all and therefore prevails over the Park Plan, whose provisions must conform to the former.

This headnote highlights the hierarchy between the various planning instruments, clearly establishing that the Landscape Plan must also be respected within protected areas. This implies that, in case of conflict between the provisions of a Park Plan and those of a Landscape Plan, the latter must prevail, thus ensuring more rigorous protection of natural heritage.

Practical Implications

The implications of this order are significant and translate into greater responsibility for those intending to carry out works in protected areas. In particular, the competent authorities are called upon to:

• Verify the compliance of designs with current Landscape Plans.
• Ensure that works do not compromise the landscape and environmental characteristics of protected areas.
• Impose sanctions in case of ascertained violations, in line with what is established by Legislative Decree 42/2004.

In this way, the ruling acts as a deterrent against possible abuses and as an incentive to comply with environmental protection regulations.

Conclusions

In conclusion, order no. 20488 of 2023 represents a step forward in the protection of protected areas in Italy. The clear affirmation of the primacy of the Landscape Plan over the Park Plan contributes to strengthening the protection measures for our natural heritage. It is essential that all stakeholders, from institutions to industry operators, respect these provisions to ensure a sustainable and protected future for our natural beauties.