Institutional portal - Municipality of Milan

THE MUNICIPALITY OF MILAN
GREEN DIRECTION AND ENVIRONMENT
REA WATER RESOURCES AND ENVIRONMENTAL HYGIENE

MANAGEMENT DETERMINATION

SUBJECT: VERIFICATION PROCEDURE OF SUBJECTABILITY TO THE STRATEGIC ENVIRONMENTAL ASSESSMENT RELATING TO THE PROPOSAL FOR A MANDATORY IMPLEMENTATION PLAN CALLED “PA2 NATTA – NORTH” CONCERNING THE AREAS LOCATED IN VIA NATTA, ZIEGLER, CAMBI E CHIARELLI, IN MILAN, IN ACCORDANCE WITH DIRECTIVE 2001/42 /CE AND OF THE LEGISLATIVE DECREE. N. 152 OF 3 APRIL 2006 AND SMI - MEASURE FOR SUBJECTION TO STRATEGIC ENVIRONMENTAL ASSESSMENT THIS MANAGEMENT DETERMINATION DOES NOT INVOLVE EXPENSES

THE AREA DIRECTOR AREA
WATER RESOURCES AND ENVIRONMENTAL HYGIENE
GREEN DIRECTION AND ENVIRONMENT
"Competent authority"

in agreement with

THE AREA DIRECTOR IMPLEMENTATION PLANNING AREA 2
URBAN REGENERATION DIRECTORATE
“Proceeding Authority”

Recalled:

• 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 Regional Council Resolution 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 no. 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 art. 107 of the Legislative Decree of 18 August 2000 n. 267;
• the art. 71 of the current Statute of the Municipality of Milan;

given that:

• with request dated 5.11.2021 (Prot. 0593892) was presented by the single-member company Ediltrenno srl, with headquarters in Milan, via Uberto Visconti di Modrone n. 18, definitive proposal for the Mandatory Implementation Plan, called "PA2 Natta Nord", relating to the areas located in Milan in via Natta, Ziegler, Cambi and Chiarelli;
• on 3.12.2021 (prot. 0663470/2021) the Municipal offices, after examining the documentation received, communicated to the Party the need to interrupt the investigation deadlines, pursuant to the former art. 14.1 of LR n. 12/2005 and subsequent amendments, as it was necessary to produce documentary additions and design changes;
• the Director of the Implementation Planning Area 2, as Responsible for the preparation of the documents necessary for the approval of the Plan, is the Proceeding Authority;  
• with Management Resolution no. 1110/2022 of 21.02.2022 of the Director of the Implementation Planning Area 2, the Water Resources and Environmental Hygiene Area was identified as the Competent Authority for the Strategic Environmental Assessment (SEA) procedures and verification of subjectability to SEA relating to all Plans and Programs under the responsibility of the PA2 Area;
• on 20.05.2022 the Implementation Planning Area 2, with Managerial Resolution no. 4036, has started the procedure for verifying eligibility for SEA and the related notice of initiation of the procedure has been published on the Notice Board, on the website of the Municipality of Milan and on the regional website (SIVAS);
• on 19.07.2022, with Managerial Resolution no. 5776 of the Proceeding Authority, in agreement with the competent Authority for the SEA:

 have been identified:

 - the subjects competent in environmental matters;
 - the territorially interested bodies;
 - the subjects functionally interested in the procedure;
 - the individual sectors of the public interested in the decision-making process;

or have been defined:

 - the methods of convening the Verification Conference;
 - methods of information and public participation, as well as dissemination and publicity of information;

• on 23.08.2022, 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 by deposit for free viewing, from 23.08.2022 to 21.09.2022, at the municipal offices in via Sile n. 8 on the 7th floor (Implementation Planning Area 2 - Proceeding Authority) and on the 3rd floor (Water Resources and Environmental Hygiene Area - Competent Authority), the Preliminary Report with the relevant attachments and of this filing was communicated by sending a PEC to all interested parties, with the simultaneous convening of the Verification Conference, divided into two sessions; 
• on 06.09.2022 the first session of the Verification Conference was held aimed at illustrating the Preliminary Report and on 21.09.2022 the second session of the Verification Conference was held aimed at acquiring opinions, contributions and observations on the merits; the minutes of both sessions are attached to this Provision, constituting an integral and substantial part of it (Annex 2);
• the Municipal Administration received a total of n. 9 (nine) contributions and observations transmitted by subjects competent in environmental matters, territorial bodies and functionally interested subjects;
• 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 3);
• 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;
• 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 "Preliminary report of the measure to verify the suitability of the Strategic Environmental Assessment (SEA) of the Implementation Plan Mandatory called "PA2 Natta - North" concerning the areas located in via Natta, Ziegler, Cambi and Chiarelli, in Milan, pursuant to Directive 2001/42/EC and Legislative Decree. n. 152 of 3 April 2006 and subsequent amendments" (hereinafter the Investigation Report), as an integral and substantial part of this provision;
• dated 14.09.2022 PG 0475530.E. the V.Inc.A. procedure was concluded positively, following the positive pre-evaluation of Annex E by the Quality Sector of the noise and energy area of ​​the Metropolitan City of Milan, as the Competent Authority for V.Inc. .TO.;

whereas:

the competent Authority for the SEA expresses this Determination 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, the Preliminary Report, 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 first and second sessions of the Verification Conference;

For all of the above

DETERMINE

1. to express - pursuant to art. 12 paragraph 4 of 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 NON SUBJECTION to the Strategic Environmental Assessment procedure of the Mandatory Implementation Plan called "PA2 Natta - North" concerning the areas located in via Natta, Ziegler, Cambi and Chiarelli, in Milan;
2. to implement the provisions and recommendations contained in Table 2, Chapter 3 of the Investigation Report (Annex 1) in the subsequent design phases;  

HAS

1. that the Proceeding Authority communicates this opinion to the subjects competent in environmental matters, to the territorially interested bodies and to the additional interested parties, identified with Managerial Determination no. 5776 of 19.07.2022;
2. that the Proceeding Authority ensures that this provision and its attachments are 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 OF THE AREA
WATER RESOURCES AND ENVIRONMENTAL HYGIENE
GREEN DIRECTION AND ENVIRONMENT
Competent Authority VAS
Angelo Pascale

IN AGREEMENT WITH

THE DIRECTOR OF THE AREA
IMPLEMENTATION PLANNING 2
URBAN REGENERATION DIRECTORATE
Proceeding Authority VAS
Paolo Riganti

Annex 1: Preliminary report of the measure verifying the eligibility for the Strategic Environmental Assessment (SEA) of the Mandatory Implementation Plan called “PA2 Natta – Nord” concerning the areas located in via Natta, Ziegler, Cambi and Chiarelli, in Milan, pursuant to the Directive 2001/42/EC and Legislative Decree. n. 152 of 3 April 2006 and subsequent amendments

Attachment 2: Minutes of the first and second sessions of the Verification Conference

Annex 3: Contributions received during the public consultation phase.