The following refers only to the Landscaping Service procedure provided for by art. 146 of Legislative Decree 42/2004 (Code of Cultural Heritage) , and only the aspect of the binding opinion of the Superintendency referred to in paragraph 5 of the aforementioned article; It is needless to underline that the subject matter of ordinary landscape authorization concerns buildings and areas bound by the third part of the Code, or the “galaxy” and notable public interest constraints, thus falling outside the bound assets for cultural value pursuant to Law 1089/39.
The release of the Landscaping Service authorization is a co-decision procedure in which several PAs participate.
In particular, these are: Municipality , as the receiving body of the building application from its single building counter or SUAP; Region, as the issuing body, unless delegated to another local authority (in Tuscany these are the Municipalities); Competent superintendency ; When the property or area subject to intervention is subject to the constraints envisaged by the Code (articles 136 and 142), it is necessary to request and obtain in advance the landscape authorization prescribed by art. 146 of the Code. The region (or the delegated proceeding entity) decides on the application for landscape authorization after having acquired the opinion of the superintendent, who assumes a binding value or not as better highlighted below.
The superintendent's opinion is always mandatory and binding, except in rare cases.
Within the term of forty-five days from receipt of the documents, the superintendent must express a binding opinion on the overall project limited to : landscape compatibility of it; compliance with the provisions contained in the regional landscape plan (galaxy constraints + constraints of notable public interest + regional prescriptions); compliance with the specific discipline of the procedure initiated for the Declaration of Notable Public Interest
The superintendent's opinion is not binding but in any case mandatory only where there are specific requirements for the use of the protected Landscaping Service assets.
Based on art. 146 paragraph 5, the mandatory non-binding opinion is obtained when these provisions are expressly prepared in the following cases: in proceedings for the initiation of Declarations of notable public interest (pursuant to Article 136 of the Code); in landscape plans, and in the related drafting or revision procedures (pursuant to art. 141 paragraph 1 of the Code); in the integration of the content of the previous restrictions of Notable public interest (pursuant to Article 141 bis of the Code)
In all the aforementioned cases, the adaptation of the planning instruments must in any case be positively verified by the Ministry, at the request of the region concerned. In these cases, the superintendent's opinion is given in compliance with the provisions and prescriptions of the landscape plan, within forty-five days from receipt of the documents, after which the issuing body provides on the application for authorization. It is useless to underline the extremely rare likelihood that all the aforementioned conditions, regional planning acts and urban planning instruments properly drafted will occur. Virtually never, not even in virtuous regions with updated landscape plans.
However, for the ordinary landscape authorization, the deadline for silent consent goes up to ninety days.
To specify a different timing for ordinary landscape authorizations, paragraph 3 of art. 17-bis of Law 241/90, as illustrated below, which assigns a different term to the general term of thirty days, considering the value of the protection of cultural heritage.
The provisions of the "horizontal" silent assent between PAs also apply to cases in which the acquisition of assents, concerts or clearances in any case called by administrations responsible for environmental,Landscaping Service -territorial protection, cultural heritage and health of the citizens, for the adoption of regulatory and administrative measures falling within the competence of public administrations (and the landscape authorization is fully included as properly authorizing, with the exception of concession, translation or constitutive measures).
In such cases, where legal provisions or the provisions referred to in Article 2 of Law 241/90 do not provide for a different term, the term within which the competent administrations communicate their consent, agreement or clearance is ninety days from receipt of the request by the proceeding administration.
Once the ninety days have elapsed without the consent, the concert or the nulla osta having been communicated, the same is understood to be acquired.
They agree that the ninety-day silent consent provided for by art. 17-bis applies to landscape authorizations as a procedure characterized by a multi-structured decision-making phase, subject to obtaining a binding opinion.
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Scene Services via Landscaping Contractors and ArchitectsThere are numerous components to consider in scene structure.
Some different elements may incorporate atmosphere, soil and guidelines.
These incorporate up lighting where lights sparkle from beneath, down lighting, outlining or the expansion of lights, floodlights, or lamps.
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Desert topics that utilization prickly plant and plants that are utilized to dry conditions and tropical subjects would be increasingly suitable for hotter atmospheres.
A portion of the prevalent sorts of trees incorporate cedar, fiery remains, pecan, well known, oak, fir and pine.
