Abstract
The paper recounts the evolution of Italian urban planning, starting from 1150/42 Act, which was restricted to the technical procedures to plan local public facilities. In order to achieve the above aim, three milestones are considered: the National Planning Act, the 765/67 Act and the Territorial Government Acts, approved by regions after the 3/2001 Constitutional Act. How does one measure the local public facilities in the General Municipal Plan (GMP)? Is the diversity of different needs of the various populations groups considered? The GMP views the population demand as a unicum, ignoring almost completely age, gender, religion and social differences. The local public facilities, also called Urban Standards, have been sized and allotted based on a hypothetical demand in the various Homogeneous Territorial Zones (HTZs). Is this a further limitation of rational-comprehensive urban planning? By a critical interpretation of the regional acts, approved after the year 2000, arise various different interpretations of Urban Standards: These range from the perspective of solely quantification to quality indicators needed to respond to the new land demand, expressed by a changed (socio-economic) morphology of the communities, defined over the past two decades. Could the performance standards make a contribution to solving the problem of the various population in anthropized territories? The paper will try to make a contribution, after a description of the current state of the art, to the disciplinary discussion.
Attributions:
This paper has been written by both authors, with it being possible to divide it as follows: Planning standards: from 1150/1942 Act to 2000 (Salvatore Losco), Planning standards in regional Acts over the last seventeen years (Claudia de Biase), Abstract and Towards new standards (both authors).
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Notes
- 1.
The HTZs, introduced by art. 2 of 1444/68 ID, are parts of the territory covered by urban areas that are of historical, artistic or of particular environmental value, or portions thereof, including the surrounding areas, which may be considered an integral part, for these characteristics the clusters themselves (HTZ A); the parts of the territory totally or partially built-up, different from the zone A: are considered partially built-up areas in which the covered surface of existing buildings is not less than 12.5% (one-eighth) of the surface of the land area and in which the site density is greater than 1.5 cm/m2 (HTZ B); the parts of the territory totally or partially built-up, different from the zone A: are considered partially built-up areas in which the covered surface of existing buildings is not less than 12.5% (one-eighth) of the surface of the land area and in which the site density is greater than 1.5 cm/m2 (HTZ C); parts of the territory intended for new sites for industrial plants or assimilated (HTZ D); parts of the land intended for agricultural use, excluding those in which—notwithstanding the agricultural character of the same—the division of property requires settlements to be considered as zone C) (HTZ E); parts of the territory allocated to equipment and facilities of general interest (HTZ F).
- 2.
The NPA provides three levels of planning instruments: Regional and/or Provincial, Municipal and sub-municipal plan; the hierarchy is referred to as the territorial dimension. At the first level, we find Territorial Plans, at the second Municipal Plans and at the third level Implementations Plans. The contents of these levels refers to specific areas of the city. There was only one instrument provided by the NPA called Piano Particolareggiato di Esecuzione that had the aim to realize the contents of the urban municipal plan only by the municipal authority. Since 1942 this level has been modified by adding, according to the various emerging needs, in 1962 the Piano per l’Edilizia Economica e Popolare, introduced because of the needs of poor people and in 1978 the Piano di Recupero because of the need to revitalize historical city centers and degraded areas.
- 3.
Iasm, Manuale delle opere di urbanizzazione, F. Angeli, Milano, 1983.
- 4.
L. Falco, Gli standard urbanistici, Edizioni delle autonomie, Roma, 1978, p. 23.
- 5.
See art. 4, 1444/68 ID, the decree implementing 765/67 Act.
- 6.
Only in HTZ C possessions of a municipality whose population does not exceed 10,000 inhabitants, the minimum amount of space required is 12Â m2, of which 4Â m2 are reserved for school equipment. The same provision applies to residential settlements in municipalities with a population of more than 10,000 inhabitants, when new settlements for which the building-to-land ratio does not exceed 1Â mc/m2.
- 7.
The transfer began in 1972 with the Presidential Decree 8 and ended in 1977 with the Presidential Decree 616.
- 8.
E. Salzano, Fondamenti di Urbanistica, Editori Laterza, Roma-Bari 2005, pg. 140 and following.
- 9.
Ibidem.
- 10.
Ibidem.
- 11.
Judgment of Italian Constitutional Court n. 55, 29-5-1968.
- 12.
P. Stella Richter, op. cit., 2002, pg. 56 e sgg.
- 13.
- 14.
The Constitutional Court with the ruling 12–20 May 1999, n. 179 (in the Official Gazette first S.S. 05/26/1999, n. 21) declared the unconstitutionality of the provisions of Articles. 7, numbers 2, 3 and 4, and 40 of Act 17 August 1942, n. 1150 and 2, first paragraph, of the 19 November 1968 n. 1187 Act (Amendments and additions to the Planning Act 17 August 1942, n. 1150), insofar as it allows the Administration to reiterate expired planning constraints, preordained expropriation or which involve the building ban, without providing compensation. Art. 38, 16/2004 Regional Act amended.
- 15.
L. Ricci (2009) (edited by), Piano locale. Nuove regole, nuovi strumenti, nuovi meccanismi attuativi, Franco Angeli/Urbanistica, Milano, p. 232.
- 16.
Ibidem, p. 236.
- 17.
R. Albano, E. Confienza, G. Confienza (2009) Territori di ricerca. Ricerche del territorio. Atti dell'8° Convegno nazionale rete interdottorato in pianificazione urbana e territoriale, Alinea Firenze, pg. 202.
- 18.
V. Orioli, op. cit., 2004, pg. 74 e sgg.
- 19.
M. M. Sani, Dallo standard quantitativo allo standard qualitativo, nel quadro della nuova legislazione urbanistica della Regione Emilia Romagna, readable at http://cst.provincia.bologna.it/ptcp/_eventi/sabati_urb/061104/PdS%20MO.pdf.
- 20.
C. Perrone, G. Gorelli (2012) (a cura di), Governo del consumo di territorio. Metodi, strategie, criteri, Firenze, University press, p. 65.
- 21.
Regional Decree n. 3/R del 9/2/2007.
- 22.
art. 4 e 5, c. 4, Regional Decree 3/R 9/2/2007.
- 23.
art. 8, Regional Decree 3/R 9/2/2007.
- 24.
art. 20, c. 3, 19/2002 Regional Act.
- 25.
art. 20, c. 3, letter g, 19/2002 Regional Act.
- 26.
art. 2, c. 1, letter a and letter i, 31/97 Regional Act.
- 27.
art. 2, 11/2005 Regional Act.
- 28.
art. 4, 11/2005 Regional Act.
- 29.
art. 4, 11/2005 Regional Act: the GMP, the operational part, finally, can be defined, for agricultural areas and only for the purposes of direct intervention, the minimum unit of intervention, the plane-volumetric configuration, the urban-type settlement building, the uses prevalent and compatible, areas for territorial and minimum functional facilities and public infrastructure, and not the works of urban furniture; if not proceeding with this mode of operation, the definitions of the GMP operating part have only indicative value.
- 30.
art. 4, c. 1, letter (f), 11/2005 Regional Act: The size and capacity of the settlement areas for new settlements is planned in time with the GMP, operational part, and by drafting subsequent variants, also in relation to the service plan that assesses the feasibility in relation to the facilities of the technological networks, the infrastructures of mobility and territorial and environmental risks.
- 31.
The size of the rewarding of development rights is contained within limits such that the overall development rights do not entail a territorial capacity utilization rate greater than 1.5Â m/m including existing volumes. In the face of public interests to be pursued in terms of higher allocations quantitative equipment and public spaces, or in terms of improvement of environmental quality, are eligible any reward increments of development rights that exceed the aforesaid limits, which may be exercised also outside the scope concerned, in the areas concerned and sold by the common priority among those acquired by it pursuant to paragraph 5: art. 4, c. 1, letter (e), 11/2005 Regional Act.
- 32.
The reference to the standards and the density was, however, explicitly in the 31/97 Regional Act to Articles. 16, 26 and 34.
- 33.
art. 5, 11/2005 Regional Act.
- 34.
art. 24, 36/97 Regional Act.
- 35.
art. 32, cc. 3 and 4, 36/97 Regional Act. We are before an anticipation of the problems that will be dealt with a few years later by the Lombardy Region.
- 36.
A. Travertini, Lombardia: approvata la nuova Legge urbanistica regionale, consultabile in http://www.strategieamministrative.it.
- 37.
Regione Lombardia, Direzione Generale Territorio e Urbanistica, Unità Organizzativa Pianificazione territoriale e urbana, Modalità per la pianificazione comunale (art. 7, 12/2005 Regional Act), DGR. n. 8/1681 del 29/12/2005.
- 38.
12/2005 Regional Act in articles 7, 8, 9 and 10, as previously mentioned, introduces the three acts that comprise the GMP, further specified in the Regional Council Resolution 8/1681.
- 39.
Ibidem.
- 40.
art. 9, c. 2, 12/2005 Regional Act: The services plan must be sized according to criteria established by Act: the population settled in the town, which benefits from different types of services to the population to be set up according to the plan document provisions, divided by type of services also according to territorial distribution, the gravitating population in the territory, estimated according to the employed in the municipality, students, users of supra-relief services, and also on tourism. Where the municipality of attractor pole characteristics identified by the spatial plan of provincial coordination, in relation to the flow of commuters for work, study and use of services and municipalities characterized by significant tourist numbers, the service plan contains the provision of public services Additional, in relation to the needs expressed by the floating population.
- 41.
1/2001 Regional Act.
- 42.
Regione Lombardia, Direzione Generale Territorio e Urbanistica, Unità Organizzativa Pianificazione Territoriale e Urbana, op. cit., 2005.
- 43.
The Plan aims to identify guidelines for infrastructure development … their paths and types … art. 38, 26/2003 Regional Act.
- 44.
art. 9, c. 4, 12/2005 Regional Act.
- 45.
art. 9, c. 10, 12/2005 Regional Act.
- 46.
The inclusion of private services had already been anticipated by the Ligurian Act of 1997. While Liguria limited the possibility of calculating to 50%, Lombardy only states that they are counted as to the extent that ensure the conduct of activities which are intended to help the people living in the municipality and the resident may not be served and regulates the relationship through an act of servitude or regulations governing its use.
- 47.
Regione Lombardia, Direzione Generale Territorio e Urbanistica, Unità Organizzativa Pianificazione territoriale e urbana, op. cit., 2005.
- 48.
art. 9, c. 3, 12/2005 Regional Act.
- 49.
In fact, in a circular approved by the Regional Council under resolution no. 6/44,161 of 09/07/1999, it was outlined through interpretation the institution of so-called quality standards.
- 50.
A. Chierichetti, Gli standard urbanistici qualitativi nell'attività di governo del territorio, in: S. Civitarese Matteucci, E. Ferrari, P. Urbani (edited by S.), Il governo del territorio. Atti del Sesto Convegno Nazionale AIDU, Milano, 2003, p. 290 ss.
- 51.
- 52.
art. 31, c. 5, 11/2004 Regional Act.
- 53.
art. 13, c. 1, lettera (r), 11/2004 Regional Act.
- 54.
The one-stop procedure was introduced by Presidential Decree 20 October 1998, n. 447.
- 55.
As stipulated in the Code of Electronic Communications, see Decree 1 August 2003, n. 259.
- 56.
art. 13, c. 1, lettera (j), 11/2004 Regional Act.
- 57.
CEI—Servizio Nazionale per l’Edilizia di Culto: Manifesto sulla cura della casa comune Progettare città per le Persone, Roma, 2015.
- 58.
Pope Francis, encyclical letter Laudato si’, of the Holy Father Francis on the care of the common house, (nn. 151; 191; 195), Roma, 2015.
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de Biase, C., Losco, S. (2018). Generational Equity in Italian Urban-Planning: Urban Standards. In: Mondini, G., Fattinnanzi, E., Oppio, A., Bottero, M., Stanghellini, S. (eds) Integrated Evaluation for the Management of Contemporary Cities. SIEV 2016. Green Energy and Technology. Springer, Cham. https://doi.org/10.1007/978-3-319-78271-3_38
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