Institutional portal - Municipality of Milan

Act No. DD 11183 of 09/12/2021
MANAGEMENT DETERMINATION
Implementation and Strategic Urban Planning Area
IN CONCERT WITH:
• Water Resources and Environmental Hygiene Area

OBJECT
IDENTIFICATION OF THE COMPETENT ENTITIES IN ENVIRONMENTAL MATTERS, THE TERRITORIALLY INTERESTED BODIES, THE FUNCTIONALLY INTERESTED ENTITIES AND THE
INDIVIDUAL SECTORS OF THE PUBLIC INTERESTED IN THE ENVIRONMENTAL ASSESSMENT PROCESS
STRATEGIC PURSUANT TO DIRECTIVE 2001/42/EC AND LEGISLATIVE DECREE. N. 152 OF 3 APRIL 2006 E
SMI, OF THE PROPOSAL FOR THE IMPLEMENTATION PLAN FOR THE FARINI SPECIAL AREA - UNIT 2 FARINI -
VALTELLINA.

Responsible for Procedure L.241/1990: Porta Marco - Implementation and Urban Planning Area
Strategic

THE DIRECTOR (Actual and Strategic Urban Planning Area)
VISA

• The art. 107 of Legislative Decree 18/8/2000 n. 267 and subsequent amendments;
• the art. 71 of the Statute of the Municipality of Milan;
• Directive 2001/42/EC of 27/06/2001;
• Legislative Decree no. 152 of 03/04/2006 and subsequent amendments;
• the art. 4 of LR 11/03/2005 n. 12 and subsequent amendments;
• the Resolution of the Regional Council. n. VIII/351 of 13/03/2007;
• the Regional Council Resolution n. VIII/6420 of 27/12/2007;
• the Regional Council Resolution n. VIII/10971 of 30/12/2009;
• the Regional Council Resolution n. IX/761 of 10/11/2010;
• the Regional Council Resolution n. IX/3826 of 25/07/2012;
• Decree no. 13071 of 14/12/2010 of the General Directorate for Territory and Urban Planning of the Lombardy Region approving the circular concerning "The application of the evaluation of plans and programs - SEA in the municipal context".;

CONDITION
Given that:

• with request dated 22.07.2021 (documents PG 0412476.E of 23.07.2021) a proposal for the Implementation Plan for Unit 2 was presented, signed by Coima SGR SpA “Coima Mistral Fund” Fund and Coima Srl as Proponent. Farini-Valtellina of the Farini Special Zone of the Program Agreement pursuant to art.34, Legislative Decree no. 267/2000, for the urban transformation of the disused and disused railway areas located in the Municipality of Milan called: “Scalo Farini, Scalo Romana, Scalo and Station of Porta Genova, Scalo Basso di Lambrate, part of the Scali Greco-Breda and Rogoredo, San Cristoforo railway areas", in correlation with the strengthening of the railway system in the Milanese area, (so-called 'Railway yards'), in implementation of the current PGT;
• the discipline of the aforementioned Railway Yards Program Agreement, ratified by the City Council on 23 June 2017, approved by the Lombardy Region on 1 August 2017, and as a transitional rule in the PGT in force pursuant to art. 52.3 of the NA of the PdR, provides in the art. 2.6 of the Implementation Rules (Annex F of the ADP itself) that the implementation of the Special Zones takes place through an Implementation Plan pursuant to art. 12, or also with the use of Integrated Intervention Programs pursuant to articles. 87 et seq., of Regional Law n. 12/2005, extended to the entire single Special Zone or Intervention Unit;
• 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;
• the aforementioned ADP was subjected to a Strategic Environmental Assessment procedure, whose final Reasoned Opinion decrees to "subject the subsequent individual implementation instruments relating to the special Zones of the Program Agreement to the Strategic Environmental Assessment procedures referred to in Title II of the Legislative Decree. Legislative Decree 152/06 and subsequent amendments".

Given that:

• with Management Resolution no. 9758/2021 of 11.11.2021, the Director of the Strategic Implementation Urban Planning Area, as Proceeding Authority, started the Strategic Environmental Assessment procedure of the proposed Implementation Plan for Unit 2. Farini-Valtellina of the Farini Special Zone;
• with Managerial Resolution no. 7766/2021 of 23.09.2021, the Director of the Implementation and Strategic Urban Planning Area, in his capacity as Proceeding Authority, has identified the Director of the Water Resources and Environmental Hygiene Area of ​​the Environmental Transition Directorate of the Municipality of Milan as the Competent Authority for Strategic Environmental Assessment procedures and for the procedures for verifying eligibility for the Strategic Environmental Assessment relating to all the Plans and Programs under the responsibility of the Implementation and Strategic Urban Planning Area;
• on 15.11.2021, communication was given of the start of the procedure by publication of the relevant notice on the online noticeboard, on the Municipality's website, on the SIVAS website of the Lombardy Region;

Specified that:
the Strategic Environmental Assessment procedure, as defined by Legislative Decree no. 152 of
03/04/2006 and subsequent amendments and regional provisions on the matter (DGR no. VIII/6420 of 27/12/2007, as amended and integrated by DGR no. VIII/10971 of 30/12/2009 and by DGR no. IX/761 of 10/11/2010; DGR n. IX/3836 of 25/07/2012; Decree n. 13071 of 14/12/2010 of the General Directorate for Land and Urban Planning of the Lombardy Region approving the circular concerning " The application of the environmental assessment of plans and programs - SEA in the municipal context"), 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 functionally interested subjects and the individual sectors of the public interested in the decision-making process;
• the methods of convening the verification/evaluation conference, of information and public participation, of dissemination and publicity of information.

DETERMINE
1. to identify, pursuant to art. 12 paragraph 2 of Legislative Decree no. 152 of 03/04/2006 and subsequent amendments, as well as DGR n. VIII/6420 of 27/12/2007 and subsequent amendments, of the DGR n. IX/3836 of 25/07/2012 and the Decree of the General Directorate of Territory and Urban Planning of the Lombardy Region n. 13071 of 14/12/2010:
◦as subjects competent in environmental matters, to be consulted compulsorily:

• ARPA Lombardy – Department of Milan and Monza Brianza;
• ATS – Metropolitan City of Milan
•  Superintendency of Archaeology, Fine Arts and Landscape for the Metropolitan City of Milan

◦ which territorially interested bodies must be consulted compulsorily:

• Lombardy region
• Metropolitan City of Milan
• Po River Basin Authority

◦ as functionally interested parties to be invited to the verification conference:

• Town Hall 8
• Town Hall 9
• National Civil Aviation Authority (ENAC)
• National Agency for Flight Assistance (ENAV)
• ATO Metropolitan City of Milan
• Basin Agency of the TPL of the Metropolitan City of Milan, Monza and Brianza, Lodi and Pavia
• Rete Ferroviaria Italiana SpA
• FS Sistemi Urbani SRL
• Demanio Agency
• Brera Academy of Fine Arts
• MM SpA
• ATMSpA
• UNARETI SpA

◦ which individual sectors of the public interested in the decision-making process:

• Nationally recognized environmental associations
• Professional orders and colleges
• Associations of the interested categories
• Irrigation, reclamation and purification consortia
• Universities and research institutions
• Managers of public services operating in the Milan area
• Individual citizens or associations of citizens and other associated forms of citizens who may be affected by the decision-making procedure on environmental matters or who have an interest in such procedure.

2. to acknowledge that the methods of carrying out the Strategic Environmental Assessment (SEA) and the methods of information and communication are defined according to the methodological-procedural path of information and public participation, dissemination and publicity of information dictated by regional provisions of procedural determination of VAS of plans and programs, pursuant to 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); in particular, among other things, we will:

• make the Scoping Document (Preliminary SEA Report), the Environmental Report and the Non-Technical Summary available through publication on the Municipality website and on the Lombardy Region SIVAS website;
• also make the aforementioned documentation available by depositing it at the municipal offices in via Sile, 8 - 7th floor (Actual and Strategic Urban Planning Area - Proceeding Authority) and 3rd floor (Water Resources and Environmental Hygiene Area - Competent Authority) ;
• promptly communicate the making available of the Scoping Document, the Environmental Report and the Non-Technical Summary together with the proposed Implementation Plan to the subjects competent in environmental matters, to the territorially interested bodies and to the functionally interested subjects mentioned above;
• acquire information elements, assessments and opinions regarding the Strategic Environmental Assessment, announcing, pursuant to articles. 14 and following of Law 7.8.1990 n. 241 and subsequent amendments, an 'Evaluation Conference', divided into at least two sessions, to which the subjects competent 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 sessions of the aforementioned 'Evaluation Conference' and make them available through publication on the websites of the Municipality of Milan and the Lombardy 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 the provision containing the decision regarding the SEA available, through publication on the website of the Municipality of Milan and on the regional SIVAS website.

THE DIRECTOR (Actual and Strategic Urban Planning Area)
Marco Porta (Adopting Manager)

THE DIRECTOR (Water Resources and Environmental Hygiene Area)
Angelo Pascale (Concert director)