La perequazione urbanistica

hè fìrst Italian urban planning legislation dates back 1939 (Legge n. 1497), conceming thè protection of naturai beaty and more specifìcally “ urban equalisation” which represent thè subject of thè discussion, since 1942 (legge n. 1150/1942 integrated withthe Lawn. 765/1967). Thè law n. 765/1967 says that thè use and thè supposed conformation of thè territory is an administrative activity that give thè authorization and, conceming urban planning, it is on municipality's responsibility. It is derived by a “cascading” System in which there is thè State’s partecipation (who has to make thè principals of law) and thè Regions, that has its influence in order to thè municipality’s decision. This kind of activity is making creating principals in urban planning and, also, approving thè municipality urban plannig choises (it’s known that thè municipal’s decision corceming thè adoption of thè PUC is a complex act because it required to be approved by thè Regions). Thè importance of urban equalisation is concemig thè positive impact that it has for thè land owners which obtein positive forecasts to carry out urbanization works and to increase thè possibility to build. However, thè same urban plannification has a negative impact for other people because their properties are often sacrified for thè generai interests of thè collectivity without possibility to avoid it. All this because thè urban equalisation impose to use thè public and private spaces for an improvement of thè environment and urban territories on thè interest of thè community. Also, thè administration justice (for exemple: Cons. di Stato - sez.IV n.367/1984) has always stated that unequity treatment between different areas individuated by thè PUC is properly inside thè urban planning and that thè resulting inequality which coming out from it is justified by thè characteristics of thè zone which makes it more or less suitable for thè pursuit of social purposes. .. [edited by Author]