Town Planning & Cultural Heritage Regulatory Framework SAPINEZA UNIVERSITY OF ROME ARCHITECTURE CONSERVATION 2018-2019 GIUSEPPE DURANO POLINA SOKRATOUS – 1798456 EMANUELLA FOUSKI - 1767443 MARIA GRACIA GUERREROS - 1760785 LECTURE 2 DILYANA MIHOVA - 1798034
URBAN LAW: CONTENTS OF THE URBAN PLANNING FRAMEWORK THE URBAN PLANNING OF THE STATE MUST THROUGH THIS PERSPECTIVE THE LAW • • PROVIDE A LEVEL OF HOMOGENEOUS STARTS TO DEFINE THE FOLLOWING BASE PLANNING OF THE TERRITORY, WHICH IS PRINCIPLES: EXERCISED BY THE MUNICIPALITIES. ART 1 DEFINES THE SCOPE SAYING THAT: THE FUNDAMENTAL URBAN LAW IS THE • "THE BUILDING ARRANGEMENT AND ESTABLISHED IN 1942 LAW 1150/1942, DEVELOPMENT OF THE INHABITAT CITY DURING THE PERIOD OF THE FASCISM IN CENTERS AS LONG AS THE URBAN ORDER TO GIVE A WELL-ORDERED DEVELOPMENT, IN THE GENERAL REGIONAL DEVELOPMENT AND ARRANGEMENT OF THE TERRITORY, ARE GOVERNED BY THIS LAW" TERRITORY. 2
ARTICLE 1 ◉ REGULATES ONLY THE CITY CENTERS ◉ AND NOT ALL THE COMMUNITY TERRITORY THE ONLY NEED: TO ORGANIZE A A NEED TO: SIMPLE REGULATORY ORGANIZE THE SPECIFIC TERRITORY ◉ FRAMEWORK CONCERNING TO ESTABLISH THE BASIC HYGIENIC-SANITARY RULE ◉ THE CITY CENTERS . WITHOUT FINANCIAL SUPPORT OF TERRITORY GOVERNMENT 3
APPLIED IN THE URBAN PLANNING ACTS ATTRIBUTIVE NORM OF POWER GRANTES THE FORMING THE POWER TO THE ALL THE STRATEGIC PUBLIC MUNICIPALITIES URBAN ADMINISTRATION SHOULD BE DEVELOPMENT IN ORDER TO EQUIPPED PLANS PROVIDE A “SUDP” 4
ARTICLE 4 ◉ INCLUDES THE STRATEGIC URBAN DEVELOPMENT PLANS AND REGULATION GRANTES THE CONCERNING THE CONSTRUCTIVE ACTIVITY POWER TO THE ◉ A CLASSIC EXAMPLE OF AN ATTRIBUTIVE PUBLIC ADMINISTRATION NORM OF POWER 5
CONTENTS OF URBAN DEVELOPMENT PLAN 1 EVOLUTION OF THE REGULATORY FRAMEWORK 6
WHICH ARE THE CONTENTS OF THE URBAN DEVELOPMENT PLAN? IN WHICH WAY THE TERRITORY IS ORGANIZED? 7
RESULT BEGIN OF 1942 1967 MODIFICATION EVOLUTION “BRIDGE LAW” THE ULTIMATE ACT IS THE INITIAL LAW LAW 765/67- THE URBAN 1150/1942 THE LAW 765/67- THE SO- DETERMINED WHICH ARE DEVELOPMENT PLAN THE TERRITORY WAS CALLED “BRIDGE LAW”- THE CONTENTS OF THE DISCPLINES NOW NOT ORGANIZED THROUGH WHICH MODIFIED THE URBAN DEVELOPMENT ONLY THE CITY CENTERS, LAWS AND REGULATIONS PREVIOUS LAW 1150/42 PLAN BUT THE ENTIRE CONCERNING THE COMMUNAL TERRITORY CONSTRUCTIVE ACTIVITY 8
THIS MODIFICATION IS EXPLAINED IN THE ART.7 OF THE 1150/42 LAW HIGHLIGHTING THAT: "THE PRG MUST CONSIDER THE TOTALITY OF THE MUNICIPAL TERRITORY". CONSISTED AS REVOLUTION THE URBAN DEVELOPMENT PLAN IS NO MORE AN ACT OF ORGANIZATION BUT AN ACT OF REGULATION OF THE ARRANGEMENT OF ALL THE TERRITORY ART.7, LAW 1150/42 CONTENTS OF THE URBAN DEVELOPMENT PLAN 9
"THE PRG MUST CONSIDER THE TOTALITY ART.7, LAW 1150/42 OF THE MUNICIPAL TERRITORY AND MUST CONTENTS OF THE URBAN INDICATE SIX DEVELOPMENT PLAN FUNDAMENTAL ELEMENTS" 2. 1. ◉ THE DIVISION OF THE ◉ PROVIDE THE MAIN MUNICIPAL TERRITORY IN ZONES COMUNICATION NETWORKS MINIMUM RELATIONSHIP ◉ MAKING A SPECIFIC ◉ AND THE MAIN BETWEEN THE RESIDENTIAL DESCRIPTION OF THE ZONES TRANSPORTATION ROUTES BUILDING AND THE PUBLIC THAT TEND TO EXPAND SPACES ◉ A PIECE OF TERRITORY CAN BE ◉ THE DETERMINATION OF THE FOR EVERY RESIDENT IS BUILT AFTER THE 2 REQUIRED THE MINIMUM CONSTRAINTS CONSTRUCTION OF ALL THE AREA OF 18 sqm OF PUBLIC ◉ AND THE CHARACTERS TO BE SPACE USEFULL NETWORKS IN ORDER TO DEVELOP THAT OBSERVED IN EACH AREA URBANIZATION. 10
"THE PRG MUST CONSIDER THE TOTALITY ART.7, LAW 1150/42 OF THE MUNICIPAL TERRITORY AND MUST CONTENTS OF THE URBAN INDICATE SIX DEVELOPMENT PLAN FUNDAMENTAL ELEMENTS" 4. 3. 5. 6. ◉ ◉ PROVIDE THE AREAS PROVIDE THE CONSTRAINS IN PROVIDE SPECIFIC PROVIDE THE AREAS RESERVED INTENDED TO FORM ORDER TO PRESERVE THE: ARTICLES/ RULES AS ◉ SPACES OF PUBLIC USE. FOR: WRITTEN GUIDELINES HISTORICAL ◉ ARTISTIC ◉ PUBLIC BUILDINGS OR ◉ CHARACTERIZED BY A PUBLIC PAESSAGISTIC ◉ PUBLIC INTEREST BUILDINGS. FUNCTION AND RESPOND TO ◉ ENVIRONMENTAL ZONES. THE NEED OF URBANIZATION MORE SPECIFICALLY ABOUT AS AN INFRASTRUCTURE NECESSARY TO BE BUILT. BUILDINGS OF PRIVATE OWNERSHIP WHICH ARE INTENDED FOR PUBLIC USE 11
URBAN LAW 2 PRESCRIPTIONS 12
URBAN LAW: PRESCRIPTIONS CONFORMATIVE ARE THE ADMINISTRATIVE MEASURES THAT WHEN IT IS ABOUT PRESCRIPTIONS DICTATED • • MODEL THE PROPERTY AND THE TERRITORY. BY OTHER IDENTITIES, SUPRA, OR OTHERS, YOU TALK ABOUT PARALLEL OR DIFFERENTIAL PROTECTIONS: ARE NOT DICTED BY THE MUNICIPALITY, • THEREFORE THE MUNICIPALITY SHOULD ACT ◉ LANDSCAPE PROTECTIONS ITS OWN FUNCTION, ACCORDING TO THE ◉ HYDROLOGIC PROTECTIONS REQUIREMENTS THAT MADE OTHER HIGHER ENTITIES . ◉ PROTECTIONS WHICH CAN BE EMPLOYED BY THE PARK ENTRIES, FOR EXAMPLE IT’S ABOUT NATIONAL PARKS . 13
URBAN LAW: PRESCRIPTIONS CONFORMATIVE PROPERTY TERRITORY ◉ THESE PRESCRIPTIONS ALLOW TO CLASSIFY THE ◉ THIS CONFORMATION ATTENDS THE PRESCRIPTIONS PROPERTY LAW, AND TO UNDERSTAND IF IT IS POSSIBLE WHICH REGARD THE DISTRIBUTION OF THE AREAS TO BUILD, LINK OR CHANGING IT. FROM THE COMMON TERRITORY. 1. IF IT IS AN AREA THAT WILL BE EXPROPRIATE AND IN IN THIS CONFORMATION IT’S NOT IMPLY IF IT IS - IT IS GOING TO BE SOME PUBLIC BUILDINGS ON IT, ABLE TO BUILD, BUT IT IS UNDERSTANDABLE ON WITH THE SAME MEASURES AS A PRIVATE WHICH DIRECTION THE PLANNING OF THE PROPERTY. TERRITORY IS ORIENTED. 2. GIVING THIS STRUCTURE, THE PLANNER, THE P.R.C OWNER OF THE URBAN TRAINING, SHOULD RECEIPT IT AND MAKE THEM OWN CONFORMATIONS. 14
CONFORMATIVE OF THE TERRITORY ZONING ( ZONIZZAZIONE ) WHEN THE PLAN IS MADE PLAN IS A ZONE WILL TELLING WHAT PRESCRIPTION REMAIN THE YOU CAN DO OF THE SAME ZONE AND WHAT TERRITORY UNTIL A NEW YOU CANNOT FLOOR WILL BE DO HELD 15
ZONING IN ITALY LAW 1942 n. 1150 ZONE C ZONE A ZONE B OF EXPANSION HISTORIC CENTRE OF COMPLETION COVERED AREA OF THE EXISTING BUILDING FABRIC OF HISTORICAL, PARTIALLY BUILT UP WHERE AT BUILDINGS IS NOT LESS THAN ARCHITECTURAL LEAST ONE OF THE TWO 12.5%,OF THE LAND AREA AND IN CONDITIONS IN ZONE B IS NOT OR MONUMENTAL INTEREST WHICH THE TERRITORIAL DENSITY IS VERIFIED GREATER THAN 1.5 M³ / M ZONE D ZONE E ZONE F SETTLEMENTS PRODUCTIONS AGRICULTURE INFRASTRUCTURE FOR THE PUBLIC INTEREST DESIGNATED TO THE PRODUCTIVE DESIGNATED TO THE ACTIVITY AGRICULTURE ACTIVITY DESIGNATED TO INFRASTUCTURES OF PUBLIC INTEREST (HOSPITALS, STATIONS, SPORT AREAS, ETC) 16
PARALLEL PROTECTIONS TERRITORY “IF I WANT AN AREA BEFORE THE TO BE THE CONFORMATION OF AGRICULTURAL AND IT THE PROPERTY IT STRUCTURAL CONSTITUTES THE EXISTS A INVARIANTS, INVARIANT, IT CONFORMATION OF WITH CANNOT BE CHANGED THE TERRITORY PARTICULAR BY THE MUNICIPALITY ABOUT THE MEAUSERS AND SHOULD ATTEND PROTECTION OF THE THE TERRITORY CONSERVATION. STRUCTURE .” 17
GOVERNMENT OF THE TERRITORY TERRITORY BEFORE ARRIVING AT THE ADVANCE PLANNING STAGE, WE MUST HOLD THE CONFORMATIVE PRESCRIPTIONS OF • THE TERRITORY. IT COULD BE THAT THE MUNICIPALITY WANTS TO DIVIDE THE TERRITORY IN ZONES, IN ONE SIDE WILL DO A ZONE C • BUT INTERVENED, FOR EXAMPLE, THE FIELD AUTHORITY SAID THAT IN THIS TERRITORY IS A HYDROLOGIC DISASTER, SO THE MUNICIPALITY GIVES A ZONE C FOR EXPANSION, BUT THIS PORTION IS NOT ABLE TO BEING AN EXPANSION, BECAUSE ONCE THE PART OF THE TERRITORY PASSED A DISASTER, IT IS APPROVE A CONSERVATIVE PROTECTION 18
URBAN LAW: PRESCRIPTIONS THESE PLANS ARE ALSO SUBDIVIDED INTO • IN ADDITION TO THE URBAN PLAN AND THE • PARTS, SO THE PLAN CAN TAKE A PART OF MUNICIPAL REGULATIVE THERE ARE A SERIES THE TERRITORY, DIVIDES IT IN SUBAREAS OF PLANS , THROUGH WHICH THE AND PRESCRIBE SINGLE PROTECTION AUTHORITIES ACT. MEASURES. 19
ARTICLES 134, 135,136, 142, 143 ◉ ARTICLES TALKS ABOUT THE DEVELOPMENT OF LANDSCAPE PLAN- ‘’PIANO PAESAGGISTICO’’ ITALIAN • IT IS AN URBAN-TERRITORIAL PLAN WHICH PURPOSES ARE LEGISLATIVE THE PROTECTION , IN ITS CAPACITY OF CONSERVATION DECREE 42, 2004 AND VALUATION OF SPECIFIC TERRITORIES. IT IS A STRONG OF “BENI TOOL FOR CONTROL THAT HAS A DESCRIPTIVE, CULTURALI” PRESCRIPTIVE AND PROACTIVE FUNCTION IN ORDER TO PROTECT THE LANDSCAPE. 20
ITALIAN LEGISLATIVE DECREE 42, 2004 OF “BENI ARTICLES 134, 135,136, 142, 143 CULTURALI” " Art.136 Art.135 Art.134 ◉ THE SUBJECT IS CONCERNING ◉ TALKS ABOUT THE ◉ GIVES EXPLANATION ABOUT THE PUBLIC INTEREST. PLANIFICATION THE ‘’BENI PAESEGGISTICI’’ OR ◉ NEED OF SPECIFIC SUCH AS: AREAS AND EDIFICES THAT • HAVE A SPECIFIC VALUE.. PRESCRIPTIONS FOR THE USE; IN PROPERTIES WITH NATURAL BEAUTY SOME CASES THE PLAN GIVES OPPOSITE PRESCRIPTIONS FOR • HISTORIC MEMORY THE PROTECTION OF CERTAIN • GEOLOGICAL SINGULARITY AREAS. • GARDENS, PARKS, COMPLEXES THAT HAVE A VALUABLE ASPECT 21
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