Institutional portal - Municipality of Milan

PROPOSAL N. PDD 2712 OF 22/03/2024

MANAGEMENT DETERMINATION
Water Resources and Environmental Hygiene Area

IN CONCERT WITH:
• Implementation Planning Area 1

OBJECT
VERIFICATION PROCEDURE OF SUBJECTABILITY TO THE STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) OF THE FINAL PROPOSAL FOR THE “PA5 - PIAZZA LUGANO” IMPLEMENTATION PLAN, PURSUANT TO DIRECTIVE 2001/42/EC AND LEGISLATIVE DECREE. N. 152 OF 3 APRIL 2006 AND SMI - VERIFICATION MEASURE

RUP: Cossettini Paola - Water Resources and Environmental Hygiene Area
Head of Procedure L.241/1990: Cossettini Paola - Water Resources and Environmental Hygiene Area

THE DIRECTOR (Water Resources and Environmental Hygiene Area)

VISA

• Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 concerning the evaluation of the effects of certain Plans and Programs on the environment;
• Legislative Decree 3 April 2006 n. 152 and subsequent amendments, and in particular Title I, concerning: "General principles for EIA and SEA procedures and for the impact assessment and Integrated Environmental Authorization (AIA)" and Title II, concerning subject: "The Strategic Environmental Assessment";
• The Regional Law 11 March 2005 n. 12 and subsequent amendments, concerning the "Law for the governance of the territory", and in particular the art. 4, concerning "Environmental evaluation of plans";
• The Regional Council Resolution of 13 March 2007 n. 8/351, which approved the general guidelines for the environmental assessment of Plans and Programs in implementation of paragraph 1 of the art. 4 of the Regional Law 11 March 2005 n. 12;
• The Resolution of the Regional Council of 27 December 2007 n. 8/6420, which approved the "Determination of the Environmental Assessment procedure of plans and programs", as modified by the Resolution of the Lombardy Regional Council n. 8/10971 of 30 December 2009 and both subsequently modified and integrated by the Resolution of the Lombardy Regional Council no. 9/761 of 10 November 2010;
• The Regional Council Resolution n. IX/3826 of 25.07.2012;
• Articles 107, 153 c. 5, 183 and 191 of Legislative Decree 18/8/2000 n. 267;
• The Statute of the Municipality of Milan;
• the Determination of the Environmental Transition Directorate of the Municipality of Milan, in agreement with the General Directorate, n. 8720 of 17.11.2020 regarding in particular the responsibilities assigned to the Water Resources and Environmental Hygiene Area of ​​the then Environmental Transition Directorate, now Green and Environment Directorate;

CONDITION

Given that:

• with request dated 29/05/2017 (PG documents 246895/2017 of 29/05/2017), subsequently integrated with a request dated 01/07/2022 (Prot. documents 0362500.E of 01/07/2022 and Prot. 0662399. E of 06/12/2022), the definitive proposal of the Implementation Plan called “PA5 – Piazza Lugano” was presented, signed by EUROPA Gestioni Immobiliari SpA, as Proponent, for the urban transformation of the abandoned area located in Municipality of Milan, implementing the current PGT;
• the discipline of the aforementioned mandatory implementation plan is defined by the art. 26 paragraph 7 of the NA of the PdR of the PGT in force;
• the final proposal presented for the Implementation Plan envisages the regeneration of the area owned by the Poste Italiane Group, formerly a parcel sorting centre, now demolished. The proposed new construction project involves the creation of a maximum SL of 23.000 m1.500 intended for the tertiary sector, trade, hospitality and a private sports service. The intervention also involves the recovery of an existing underground volume, which will host the new Postal Distribution Center (CDP) for approximately 1.800 m360 for services of general interest, with a garage for service vehicles of approximately 8.000 m4.300, as well as an appurtenant private car park. Overall, the number of parking spaces envisaged in the implementation plan is approx. 3.700 units. The project proposal involves the transfer of approx. XNUMX mXNUMX of open spaces, of which approx. XNUMX mXNUMX intended for public greenery and approx. XNUMX mXNUMX of roads, in line with the provisions of the PGT and the PUMS. In particular, the intervention creates a portion of the new planned road system which will guarantee the future connection between via Colico and via Lancetti, constituting an initial and autonomous phase. The Plan intervenes by redeveloping some external areas, in particular the redevelopment of the public park in Piazzale Lugano and the adaptation of a road intersection is envisaged. In the proposal, the urbanization charges are used for the construction of primary urbanizations and green and pedestrian areas, both within the area and in the neighboring area, according to planning and feasibility planning to be carried out and evaluated within the context of the plan process.
• Directive 2001/42/EC of the European Parliament and of the Council of the European Union of 27/06/2001, Legislative Decree no. 152 of 03/04/2006 and subsequent amendments and LR 11/03/2005 n. 12 and subsequent amendments provide for the Strategic Environmental Assessment (SEA) of Plans and Programs that can have a significant impact on the environment, in order to promote sustainable development and ensure a high level of environmental protection;

Given that, in relation to the proposed Implementation Plan in question:

• pursuant to art. 6, paragraph 3, of Legislative Decree 152/2006 and subsequent amendments and art. 16, paragraph 12, of Law 1150/1942 and subsequent amendments, the proceeding Authority, having consulted the competent Authority, considered that this is an implementation plan to be subjected to a procedure for verifying its suitability to the SEA in order to verify whether it produces impacts significant on the environment and cultural heritage
• with Managerial Resolution no. 7766/2021 of 23/09/2021, the Director of the Implementation Planning Area 1, in his capacity as Proceeding Authority, has identified the Director of the Water Resources and Environmental Hygiene Area of ​​the Green and Environment Directorate of the Municipality of Milan as the Competent Authority for the Strategic Environmental Assessment procedures and the SEA-subjectibility verification procedures relating to all the Plans and Programs under the responsibility of the Implementation Planning Area 1;
• with Management Resolution no. 11763 of 19/12/2022, the Director of the Implementation Planning Area 1, in his capacity as Proceeding Authority, started the procedure for verifying the eligibility for SEA in relation to the proposed implementation plan concerning the areas located in the Municipality of Milan between the Bacula Overpass, P.le Lugano, Via Luigi Bodio and Via Cantoni ordering that, in addition to the publication of this decision on the Notice Board of the Municipality of Milan, the notice of initiation of the procedure itself be published on the website of the Municipality of Milan (www.comune.milano.it) and on the regional SIVAS website;
• on 20/12/2022, communication was given of the start of the procedure by publication of the relevant notice on the online noticeboard, and, on the same date, on the website of the Municipality and on the SIVAS website of the Lombardy Region;

Whereas:

• With Executive Determination no. 35 of 09/01/2023, the competent subjects in environmental matters, the territorially interested bodies, the subjects functionally interested in the procedure and the individual sectors of the public interested in the process of verifying their eligibility for strategic environmental assessment were identified pursuant to Directive 2001/42/ec and Legislative Decree no. 152 of 3 April 2006 and subsequent amendments, of the proposed implementation plan "PA5 - Piazza Lugano". Furthermore, the following have been defined: ▪ The methods for convening the Verification Conference; ▪ The methods of information and public participation as well as dissemination and publicity of information;
• With the same Resolution it was also acknowledged that the methods of carrying out the Verification of eligibility for SEA and the methods of information and communication are defined according to the methodological-procedural path of information and public participation, dissemination and publicization of the information dictated from the regional provisions of procedural determination of SEA of plans and programs, referred to in DGR n. VIII/6420 of 27/12/2007 as modified and integrated by DGR n. VIII/10971 of 30/12/2009 and by the DGR 10/11/2010 n. IX/761 (Annex 1: General Model);
• On 03/01/2024, in order to allow the presentation of observations, opinions and contributions and for the purposes of the Verification Conference, it was made available - through publication on the regional website (SIVAS) and on the municipal website, as well as through deposit for free viewing, from 03/01/2024 to 01/02/2024, at the municipal offices in via Sile n. 8 on the 7th floor (Implementation Planning Area 1 - Proceeding Authority) and on the 3rd floor (Water Resources and Environmental Hygiene Area - Competent Authority), the Preliminary Report and all interested parties were notified of this filing;
• On 31/01/2024 the meeting of the Verification Conference took place aimed at illustrating the Preliminary Report and aimed at acquiring opinions, contributions and observations on the merits; the minutes of the meeting are attached to this Provision, constituting an integral and substantial part of it (Annex 3);
• the Municipal Administration received a total of n. 7 (seven) contributions and observations sent by subjects competent in environmental matters, local authorities and functionally interested parties;
• all the contributions, deposited in documents at the municipal offices, were analyzed and divided based on the relevance of the contents to the procedure for verifying eligibility for Strategic Environmental Assessment and attached, in full, to this Provision (Annex 2);
• subsequently, the contributions pertaining to significant aspects for the verification of eligibility for SEA were divided into individual observations, depending on the topic covered, which were analyzed and promptly counter-deduced for the purposes of this provision;
• observations not inherent to the SEA, as they concern aspects of a design nature that do not influence the outcomes of the environmental assessments, will be considered in the subsequent procedural phases;
• the list of contributions and observations, as well as the outcome of the analyzes and counter-deductions referred to in the previous points are reported in Attachment 1 called Investigation Report of the Measure to verify the Subjectability to the Strategic Environmental Assessment (SEA) of the Implementation Plan " PA5-Piazza Lugano”, Milan, pursuant to Directive 2001/42/EC and Legislative Decree no. 152 of 3 April 2006 and subsequent amendments" (hereinafter the Investigation Report); as an integral and substantial part of the same provision;
• on 15/03/2024 PG 0151649.E.2 the V.Inc.A. procedure was successfully concluded, following the positive pre-evaluation of Annex E by the Air Quality, Noise and Energy Sector of the Metropolitan City of Milan, as Competent Authority for V.Inc.A.

Whereas

the competent Authority for the SEA expresses this Decree based on the results of the technical-investigative activities carried out in collaboration with the Proceeding Authority, having as their object the examination of the contents of the Plan, of the related Preliminary Report, of the opinions, contributions and observations received during the consultation phase;

Having evaluated all the information emerging from the documentation produced, as well as the results of the Verification Conference session;

For all of the above

DETERMINE

• to express, pursuant to art. 12 paragraph 4 of the Legislative Decree. 152/2006 and subsequent amendments, as well as in accordance with the provisions of the Regional Council Resolution of 13 March 2007 n. 8/351 and by the Regional Council Resolution of 27 December 2007 n. 8/6420, as amended by the Regional Council Resolution of 30 December 2009 n.8/10971 and by the Regional Council Resolution n. 9/761 of 10 November 2010, as well as by the Regional Council Resolution of 25 July 2012 n. 9/3836, opinion of NOT SUBJECT to the Strategic Environmental Assessment procedure of the "PA5-PIAZZA LUGANO" Implementation Plan;
• to incorporate in the Preliminary Report and related annexes and in the subsequent planning phases the information contained in Table 2 Chapter 3 of the Investigation Report (Annex 1);
• that the Proceeding Authority ensures that this opinion is communicated to the subjects competent in environmental matters, to the territorially interested bodies and to the further functionally interested subjects, identified with Managerial Determination n.35 of 09/01/2023;
• that the Proceeding Authority ensures that this provision is made available by means of publication on the website of the Municipality of Milan and the Lombardy Region (SIVAS), as well as on the Municipal Notice Board

THE DIRECTOR (Water Resources and Environmental Hygiene Area)
Paola Cossettini (Adopting Manager)

THE DIRECTOR (Implementation Planning Area 1)
Sara Morlacchi (Concert director)