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News ITER variant of the detailed plan of the "Park" of Cesanelli

The municipal government has urged residents in the streets and Brandani Zuccari brothers to a meeting to be held Monday, 6/9/2010, to present the Variations to the detail of the "Park" of Cesanelli, as well as the proposed Board resolution with which we accept or reject the comments, and finally adopts the same variant.

To collaborate with the Administration, in this disclosure for transparency, This article offers a guide to all interested citizens, on the salient passages of the document on counter-investigation of the City on the comments made, which is pending before the competent Commission Board.

The document proposes to accept the rebuttal of the comments with which you request not to open on two sides of the street car traffic and road Brandani Zuccari brothers, to keep the current route the bike path, to provide the construction of parking on the side upstream from the bike path, to realize upstream of such a new car road linking the houses to be built with P. Michelangelo Pierelli Street to the north and south.

The justification for the proposal is accepted for membership is ascribed to the comments of many residents represented and to the fact that the decisions contained in the original version, on the point, though supposed to improve spatial planning, are not considered strategic to for programming.

The rebuttal on the comments aimed to seek the construction of a roundabout in the Piazzale Michelangelo, in order to avoid the killing of plants, propone di respingere tale proposta, perché la diversa previsione della variante, della doppia intersezione che canalizza il traffico dal “Parco” verso P.Michelangelo razionalizzerebbe meglio l’uso dei suoli ed il traffico, rendendo più diretto lo sbocco delle vie Botticelli e Tintoretto ed eliminando le criticità su via Perugino.

In merito ad una richiesta di rendere da subito fruibile il parco, il documento replica che la fruizione del “parco” è subordinata all’attuazione delle trasformazioni urbanistiche (attraverso le quali il Comune acquisisce le aree private) ed al reperimento delle economic resources necessary for the construction of the park. In the past, some press releases predicted by 2009 the start of work on creation of the park. Probably mishaps have occurred, or otherwise, it would be interesting to know.

E 'was partially upheld a submission by an association of builders, to have, the implementing party intervention planned construction in the park, a reduction of costs (expenses, AUS, indexes, ...) given the current crisis affecting the housing market. In the ensuing proposal to amend Article .4 of technical standards to implement the plan, is recognized to be "flexibility" in the sense that the final design will make modest changes to the building types and their articulation of the plan, based on specific programmatic needs, understanding the pattern of land use plan provided for in detail. Motivation does not dwell on the legal reasons why it is not considered at this point must refer to the Province, for examination under Article 34/92 .26 lr, the substantial variation that you will like this, and extent, flexibility delle menzionate norme tecniche, si potranno assentire modifiche ai tipi edilizi delle case da costruire, per dare maggiore libertà d’azione, nella progettazione definitiva.

E’ stato proposto l’accoglimento dell’osservazione mirata a creare, d’intesa con il privato proprietario dell’area, un passaggio pedonale fra via Guercino ed il “parco”, in modo da facilitare l’accesso ai residenti nelle vie Perugino, Guercino, P. della Francesca.

Per quanto riguarda l’area vicino a Villa Torlonia, è prevista la conferma della localizzazione the intended use for circuses and in their absence for parking, so the comments proposing alternative solutions should be rejected, according to the claims made in rebuttal.

observation was made by the Municipality of Senigallia, service planning, and proposes a review of the projects of the Plan, with regard to compliance with the standards relating to urban parks and correspondence with the Master Plan of 1990, providing for the necessary adjustments. This observation is well founded, and consequently the scope of variant assumes a new configuration, to achieve standard of 5 square meters of park per inhabitant.

observation was made by the Province of Ancona, by act of council No 207 of 20/5/2010, to represent the need to monitor whether the plan to introduce substantial changes which could constitute an obligation to submit the plan to the environmental impact assessment and strategic environmental assessment, since the original plan is not been subjected to EIA and SEA, and there are two different solutions planovolumetriche, in the original plan and the variant, especially as regards the building areas and the different arrangement of the internal roads. also notes that the implementation plan, the Province has a total extension of more than 10 hectares , a condition that places it among the cases included in Annex B2, paragraph 5, letter b) LR 7 / 2004 "Rules of Procedure of environmental impact assessment ", which operates therefore subject to EIA Therefore, the Province, since the master plan is approved before the current entry into force of Law on EIA (LR 7 / 04) and then was not subject to Environmental Impact Assessment considers necessary before approving the variation, to determine the nature of it, in order to verify the substantiality, by using, as a yardstick of the contents of paragraph 1.4 of the "General Guidelines for the implementation of the Regional Law on EIA (DGR 1600/2004).

With its counter, the town briefly recalls the DGR 1600/2004, only point 1.4, regarding the definition of expansion or substantial modification to be considered for the configurability of the obligation refer to EIA projects, and concludes that the variant is not subject to audits by the province feared, because the changes are not substantial. The district, in the grounds, does not dwell on some changes in location provided with the variant and its final approval to the proposal, with regard to public parks and private green areas, parking lots, sidewalks, and the reduction of public green that eventually will be available for the construction of public gardens. These changes in location may be one of the hypothesis that there should be an EIA and SEA, in accordance with section 1.4.1 della DGR 1600/2004, ma sul punto la motivazione è scarna. Si limita ad escludere l’esistenza di cambiamenti di localizzazione. Occorre considerare che, sempre secondo la DGR 1600/2004, per modifica od incremento si intende anche il cumulo di interventi parziali effettuati in fasi successive sul progetto originario. Se il progetto originario non è stato sottoposto a VIA, la variante va sottoposta a verifica se rientra nella tipologia del progetto di riassetto di aree urbane che interessano superfici superiori a 10 ettari .

Nella proposta di delibera manca una dettagliata motivazione sulla decisione di non sottoporre alla Province variant for the review of Article 34/92 .26 lr, since the Constitutional Court, ruling with n.340 of 16/12/2009, said the unconstitutionality of Article .58, paragraph 2 of Law 133/08, in so far provided for the municipal decisions relating to "Property valuations" could have immediate effect as variations to the plans, having regard to the breach of Article .117 of the Constitution, under which the matters of territorial governance is one of the regional legislative power, not state. By state law so there can be no derogation of the rl 34/92 Brands, which requires submission to the Provinces of planning variants for the committee, for town planning, which is a different question from that which under Article .30 lr34/92 on the variant, which was expected defined as insubstantial, as under resolution n.11/2009, the town of Senigallia had enhanced the areas included in the scope of the "park" within the meaning of the rule quashed by Look, why did not the variant transmitted to the Province, but it was based on a rule declared unconstitutional. The variation of the detailed plan of the "park" has incorporated changes the intended use, introduced by resolution 11/2009 on the real estate development, but as the irreversible transformation of the building was not the case, it should be reminded of the effectiveness and retroactive ex tunc judgments of the Constitutional Court.

The need to recapture the opinion of the Provincial variations ex art.58 Law 133/08, when they have not been implemented, has been endorsed by the Regions:

v. http://www.regione.piemonte.it/autonomie/dwd/09_2010.pdf ; http://venetoius.myblog.it/media/01/00/343344427.pdf .

Pertanto, sul punto, si potrebbe valutare l’opportunità di un approfondimento.

Le considerazioni espresse in questa sede hanno il solo fine di promuovere la partecipazione ed un’analisi approfondita, e vista la delicatezza delle questioni affrontate chiunque pretenda di essere in possesso della verità assoluta rischia di essere poi smentito, per cui sarebbe preferibile limitarsi ad avviare un confronto su questi temi, which is the subject of controversy more constructive journalism.

Anyone wishing to view the tables and the documentation we have received, please contact us by accessing our website.
For background considerations, we believe that more should be followed in its path, with the greatest attention, this important variation, which will redefine the face of our neighborhood and the park which will benefit the entire city.