Order No. 20488 of 2023: The Prevalence 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 relationships 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 articulated in the protection of 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 regulates protected areas. In particular, Article 181 of Legislative Decree 42/2004 provides for penalties 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 superior hierarchical position compared to the Park Plan.

The Ruling’s Principle

Legislative Decree No. 42 of 2004 – Law No. 394 of 1991 – Landscape Violation – Relationships between Landscape Plan and Park Plan – Prevalence of the former over the latter – Existence. In the context of protected area protection, the crime referred to in Article 181 of Legislative Decree of January 22, 2004, No. 42, exists in the case of works carried out in violation of landscape constraints, as, in the order of prevalence established by state legislation among the planning tools, the territorial landscape plan is hierarchically superior to all and thus prevails over the Park Plan, whose provisions must conform to the former.

This principle highlights the hierarchy among the various planning tools, clearly establishing that the Landscape Plan must be respected even within protected areas. This implies that, in the event of a conflict between the provisions of a Park Plan and those of a Landscape Plan, the latter must prevail, thus ensuring stricter 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 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 penalties in the case of verified 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 respect 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 prevalence of the Landscape Plan over the Park Plan contributes to strengthening the protective measures of our natural heritage. It is essential that all stakeholders involved, from institutions to industry operators, respect these provisions to ensure a sustainable and protected future for our natural beauties.

Bianucci Law Firm