Institutional portal - Municipality of Milan

MANAGEMENT DETERMINATION
Thematic Planning Area and Enhancement Areas
IN CONCERT WITH:
• Water Resources and Environmental Hygiene Area

OBJECT
Identification of the competent subjects in environmental matters, of the territorially interested entities, of the subjects functionally concerned and the individual sectors of the public, interested in the verification process of subjected to strategic environmental evaluation (VAS) - referred to in Directive 42/2001/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION OF 27.06.01 - OF THE PROPOSAL FOR AN IMPLEMENTATION PLAN REGARDING THE REGENERATION OF THE FORMER “MAGAZZINI COMMISSIONER TALIEDO” AREA IN VIA BONFADINI 73, MILAN.

L.241/1990 Procedure Manager: Giancarlo Tancredi - Thematic Planning Area e
Enhancement of Areas

THE DIRECTOR (Thematic Planning and Area Enhancement Area)

VISA
- Directive 42/2001/EC of the European Parliament and of the Council of 27.06.2001, concerning the
evaluation of the effects of certain Plans and Programs on the environment
- Legislative Decree no. 152 of 03.04.2006 and subsequent amendments
- the art. 16 of Law no. 1150 of 17.08.42 and subsequent amendments;
- the art. 4 of Regional Law n. 12 of 11.03.2005 and subsequent amendments which regulates the evaluation of
effects deriving from the implementation of certain Plans and Programs on the environment;
- Regional Council Resolution no. VIII/351 of 13.03.2007, with which they were
the general guidelines for the environmental assessment of plans and programs were approved;
- the Regional Council Resolution no. VIII/6420 of 27.12.2009, with which the
procedural methodological models for the Strategic Environmental Assessment of Plans and Programmes;
- Regional Council Resolution no. VIII/10971 of 30.12.2009, for the implementation of the
provisions referred to in Legislative Decree no. 4 of 16.01.2008 and the consequent amendment,
integration and inclusion of new models;
- the Regional Council Resolution no. 9/761 of 10.11.2010 and subsequent amendments, for the implementation of the
provisions referred to in Legislative Decree no. 128 of 29.06.10;
- the circular entitled "The Application of Environmental Assessment of Plans and Programs - SEA
in the municipal context", approved with Decree no. 13071 of 14.12.10 by the Management
General Territory and Urban Planning of the Lombardy Region;
- the art. 107 of Legislative Decree no. 267 of 18.08.2000;
- the art. 71 of the Statute of the Municipality of Milan.

CONDITION
• that the Municipal Administration:
◦ on 13.06.2017 (PG. 272347/2017) received the request to examine the initial proposal for the Implementation Plan (PA) from CDP Immobiliare Srl based in Rome, for the sector in question;
◦ with note 22143/2018 dated 16.01.2018 communicated the conclusion of the so-called preliminary investigation, inviting the operator and the designers to consolidate the indications that emerged in the reported opinions;
• that the Director of the Thematic Planning and Area Enhancement Area, as Responsible for the preparation of the documents necessary for the approval of the Plan, is the Proceeding Authority;
• that with Management Resolution no. 40 of 09.12.13 of the Director of the Thematic Planning and Area Enhancement Sector (now Thematic Planning and Area Enhancement Area) the Environmental and Energy Policies Sector (now Water Resources and Environmental Hygiene Area) was identified as the Competent Authority for Environmental Assessment procedures Strategic (VAS) and verification of eligibility for SEA relating to all Plans and Programs relating to the PTVA sector;
• that the Proceeding Authority, upon indication of the Competent Authority, has decided, pursuant to articles 3 and 12 of Legislative Decree 152/2006 and article 16 paragraph 12 of law no. 1150/1942 and subsequent amendments, to submit the plan subject to a procedure for verifying whether it is subject to the Strategic Environmental Assessment SEA, in order to verify whether it produces significant impacts on the environment;
• that on 26/11/18 the Thematic Planning and Area Enhancement Area, with Determination
manager no. 66/2018 (PG 522605/2018), started the procedure for verifying eligibility for SEA and the related notice of initiation of the procedure was published on the Notice Board, on the website of the Municipality of Milan and on the regional website (SIVAS );

Noting that:
• on 14.10.2019 with City Council Resolution no. 34, the Territorial Government Plan (PGT MILAN 2030) was approved, which became effective following publication in the Lombardy Region Official Bulletin no. 6 dated 05.02.2020;
• pursuant to the current PGT, the intervention area has a building capacity equal to m35.008. XNUMX of SL and is subject to the following regulations:
◦ Rules Plan:
- falls within the Consolidated Urban Fabric (TUC); is identified in tables (R.01) “Geological and hydraulic feasibility”, (R.02) “Urban planning indications” and (R.03) “Morphological indications” as included within the Recently Formed Urban Fabric (TRF), as well as falling within the Urban Renewal Areas (ARU) referred to in the art. 23 and in the Environmental Regeneration referred to in art. 15.3;
- in the areas included in the Consolidated Urban Fabric (TUC) a buildability index is assigned
Single territorial area equal to 0,35 mXNUMX/mXNUMX, and the achievement of a buildability index is permitted
Maximum land area of ​​0,70 m13/m9, through the use, alternatively or in a composite form, of building rights, including equalised, bonuses referred to in article XNUMX of the Rules plan and Social Residential Building quotas referred to in art. . XNUMX of the Rules Plan;
- is identified in the table (R.08) "Obstacles and Dangers for Air Navigation" among the areas subject to a construction limitation regime and superordinate checks - airport constraints - Internal Horizontal Surface (SOI), with maximum height of built-up area limited to 147,85 m above sea level;
- is identified in the table (annex 1) “Attribution chart of the summary judgment of sensitivity
landscaping" among the areas of enhancement of the urban landscape of the landscape components, in areas in which class 2 of low landscape sensitivity is attributed as the prevailing summary judgment;
• Service Plan:
-is identified for the 662 m02 portion, in the table (S.XNUMX) "The system of urban greenery and
mobility infrastructures” between mobility infrastructures and public transport – newly planned areas for road mobility (indirect relevance);
• with provision of the Ministry of Cultural Heritage and Activities and Tourism, regional directorate for cultural and landscape heritage of Lombardy for verification of the cultural interest of real estate pursuant to Legislative Decree 42/2004 and subsequent amendments dated 26/11/ 2013, MBAC-DR-LOM TUTBAP 0012946, CI 34.07.01/6, an "assessment of no interest" was expressed for the intervention area, as the complex object of assessment did not demonstrate material, formal, typological and architectural characteristics sufficient to justify its subject to protection and not owning the buildings located in the northern sector of parcel 76 of Sheet NCT 534 but without cadastral identification, as well as that insistent on parcel 214 of Sheet NCT 535, the age requirement pursuant to art. 12-paragraph 1 of Legislative Decree 42/2004 and subsequent amendments for verification of cultural interest;
• the site is the subject of a remediation process pursuant to art. 242 of Legislative Decree 152/06 started on 15/05/2020 with provision of the Municipality of Milan PG 171974;
• the Reclamation Area of ​​the Municipality of Milan with note 204575 dated 10/06/2020 authorized the characterization plan with prescriptions;
• On 13.07.2021 (Prot. 21/07/2021.0406570.E) the operator presented the final proposal for the Implementation Plan in question.

Specified that:
• the procedure for the SEA, as resolved by Legislative Decree 03.04.06 n. 152 and subsequent amendments, as well as by the DGR 27.12.07 n. VIII/6420, of the DGR 30.12.09 n. VIII/10971, by DGR 10.11.10 n. IX/761 and the application circular approved on 14.12.10, provides that the Proceeding Authority, in agreement with the Competent Authority, identifies and defines:
◦ the subjects competent in environmental matters, the territorially interested bodies, the subjects
functionally interested and individual sectors of the public interested in the decision-making process;
◦ the procedures for convening the verification, information and participation conference
public, dissemination and publicity of information.

DETERMINE
1. to identify, pursuant to art. 12, paragraph 2, of Legislative Decree 03.04.06 n. 152 and subsequent amendments, as well as of the DGR of 27.12.09 n. VIII/6420 as modified and integrated by the DGR of 30.12.09 n. VIII/10971 and by the DGR of 10.11.10 n. IX/761 and the application circular approved on 14.12.10:
- as subjects competent in environmental matters, to be consulted compulsorily:
• ARPA Lombardy;
• ATS Milan – Metropolitan City;
• Archaeological, Fine Arts and Landscape Superintendency for the metropolitan city of Milan;
- which territorially interested bodies must be consulted:
• Lombardy Region, General Directorate of Territory and Civil Protection;
• Metropolitan City of Milan;
• Po River Basin Authority;
- which functionally interested parties to invite to the verification conference:
• Municipality n. 4;
• ATO Metropolitan City of Milan;
• MM spa
• ATM spa
• Unareti spa;
• National Civil Aviation Authority (ENAC);
• National Agency for Flight Assistance (ENAV);
- which individual sectors of the public are interested in the decision-making process:
• environmentalist associations recognized at national level, associations of interested categories, professional orders and colleges, irrigation, reclamation and purification consortia, universities and research bodies, entities managing public services operating in the Milan area, individual or associated citizens who can suffer the effects of the environmental decision-making procedure or have an interest in such procedure; CDP Immobiliare, – on behalf of CDP Investimenti SGR – as owners of the area affected by the Implementation Plan;

2. to acknowledge that the methods of carrying out the verification of eligibility for the Strategic Environmental Assessment, the information and communication methods are defined according to the methodological path
– procedural information and public participation, dissemination and publicization of the information referred to in DGR n. VIII/ 6420 of 27.12.07 as modified and integrated by DGR n. VIII/10971 of 30.12.09 and by the DGR 10.11.10 n. IX/761 and subsequent amendments; in particular we will:
◦ make the Preliminary Report available through publication on the websites of the Municipality of Milan and the Lombardy region (SIVAS);
◦ make the aforementioned documentation available also by deposit at the Town Hall in Via Sile, 8 – 7th floor (Thematic Planning and Area Enhancement Area – Proceeding Authority) and on the 3rd floor (Water Resources and Environmental Hygiene Area – Competent Authority) ;
◦ promptly communicate the provision of the Preliminary Report of the proposed Implementation Plan to the competent subjects in environmental matters, the territorially interested bodies and the functionally interested subjects mentioned above and guarantee the information and participation of the individual interested public subjects;
◦ acquire information, assessments and opinions regarding the verification of eligibility for the
Strategic Environmental Assessment, announcing, pursuant to articles. 14 and following of Law 7.08.1990 n. 241 and subsequent amendments, a verification conference to which the competent subjects in environmental matters, the territorially interested bodies and the functionally interested subjects will be invited to express their opinions;
◦ draw up the minutes of the verification conference and make them available through publication on the website of the Municipality and the Region (SIVAS);
◦ collect and evaluate the contributions and observations that will be transmitted to the Proceeding Authority and/or the Competent Authority during the period of making available;
◦ make available the provision containing the decision regarding the verification of eligibility for SEA, by publication on the website of the Municipality and Region (SIVAS).

THE DIRECTOR (Thematic Planning and Area Enhancement Area)
Giancarlo Tancredi (Adopting Manager)
THE DIRECTOR (Water Resources and Environmental Hygiene Area)
Angelo Pascale (Concert director)