Lonato Urban Planning Blocked as Court Rule Questions Master Plan Validity
Many residents of Lonate – technicians, craftsmen, and ordinary citizens – are holding their breath these days following the decision of the Constitutional Court, which declared the principle of silence-assent unconstitutional when applied to urban planning instruments. As a result, this ruling could have nullified the Lonato Master Plan, approved by the previous right-wing municipal administration led by Manlio Mantovani precisely on the basis of silence-assent, after the Region did not adopt it within the 180-day deadline. Undoubtedly, there is a lack of clarity surrounding this situation. Mayor Morando Perini himself is aware of this: “The meeting at the Region was canceled; these days they have other pressing issues to resolve (the Bertani-Guarischi case, ed.), and we don’t know when we’ll be able to clarify with regional officials the scope of the Constitutional Court’s ruling. However, we have scheduled a meeting with our municipal technicians to draft a unified line of action.” It seems, therefore, that building and urban planning activities are at a standstill: “I would definitely say yes,” Perini replies. “The building commission is suspended until further notice, so permits are also on hold. The lawyers consulted by the municipality have not yet been able to provide a comprehensive answer: this suggests that something must have happened regarding the Master Plan.” Dozens of land developments, expansions, and constructions (the large shopping center proposed at Campagnoli among them), as well as new civil and industrial settlements, are blocked until a clear and definitive interpretation of the substantial effects of last November’s ruling is provided. The key question is whether the Lonato Master Plan, approved in August 1995, is still valid or not. In other words, whether acts made up to the date of the ruling can be considered nullifiable. This is the narrow margin in which the dispute is played out.
Contrasting Positions on the Validity of the PRG
Oscar Papa, who was in charge of Urban Planning under the previous right-wing administration and was one of the proponents of the political fight against the Region regarding the application of the silence-assent principle, holds a different view from that of Mayor Morando Perini: “The PRG was approved based on a precise series of decrees, endorsed by the Ministry of Public Works, supported by a suspensive ordinance well justified by the TAR (Regional Administrative Court), and consistent jurisprudence. The Constitutional Court’s ruling does not automatically annul our PRG, as administrative acts based on a non-converted decree-law are either nullifiable or challengeable for legal defects, and they retain their validity if not challenged.” So, does this mean that all Lonate residents who have built according to the approved PRG need not fear anything? “Exactly. The Master Plan remains in force, and citizens have full rights to utilize and rely on it as per the established provisions. We invite the municipal administration,” continues Papa, “to continue studying an updated urban planning tool that obtains regional approval. If the current Council’s only aim is to pursue a pure political continuation of the electoral campaign, and if they lack the courage and capacity to govern in the public interest — above political rivalries — we invite them to resign.”
Meanwhile, it will be interesting to see if the Brescia TAR rules in favor of the Eurosea project, and how a thermal generator could fit into a Master Plan that has been virtually canceled. According to Oscar Papa, “this wouldn’t be an issue since the area where the plant would be built is developable according to the old fabrication plan of 1976.” One last note: Senator Massimo Wilde has also taken an interest in the case and has sent a parliamentary question to the Ministers of Justice and Public Administration to request clarifications regarding the applicability of the ruling to the Lonato Master Plan.
