La conformazione proprietaria nella pianificazione perequativa

Abstract

This study examines the equalisation as an alternative planning method to the zoning, and at the same time as a strategic objective for the public administration. In the absence of a legislative framework, either national or regional, there is not a reference model for equalisation which it is, thus, subject to plural and flexible interpretations. In this context, the praetorian law substitutes the legislator, and legitimizing municipal techniques and plans. The equalisation technique is not free from the discretionary power of the municipality, in accordance with territorial, functional and legislative autonomy. The research aims to identify which are the limits and the evaluation and operating parameters of territorial planning, particularly in relation to the result to be achieved: the substantial equality between the owners, allowing a balanced development of the city services. Preliminary objective is to allocate the rules regulating equalisation in the right normative sources. The legal vacuum is eroded from the "bottom" by the joint public-private exercise of planning in a view of power contractualisation. It is the local public administration which should bind itself, preparing its "own" rules. Detected the functional and hierarchical inadequacy of the rules contained in local urban planning, it is the municipal statute, as sub-prime legislative source, within its competences, which can ensure the required warranties to private property, through the provision of upstream rules , which contain technical, economic and quality standards to be applied to the municipal equalisation method. The proposed legal framework has a double effect, on one hand, it creates a planning method with stable rules, on the other, it provides more guarantees to the private sector in the "vertical" relationship with he local authority, owner of conformative power of property. [edited by Author]