Institutional portal - Municipality of Milan

URBAN REGENERATION DIRECTORATE
IMPLEMENTATION PLANNING AREA 1

ENVIRONMENTAL TRANSITION DIRECTORATE
WATER RESOURCES AND ENVIRONMENTAL HYGIENE AREA

MANAGEMENT DETERMINATION

OBJECT
Identification of the competent subjects in environmental matters, of the territorially interested bodies, of the functionally interested subjects and of the individual sectors of the public, interested in the Strategic Environmental Assessment (SEA) process - referred to in Directive 42/2001/EC of the European Parliament and of the Council of the European Union of 27.6.2001 - of the proposal for a mandatory Implementation Plan called "PA3 (Viale Molise)" concerning the areas of the Ex Macello and the Ex Avicunicolo between Viale Molise, Viale Azzurri d'Italia, Lombroso, Maspero and Vismara located in Milan. 

THE DIRECTOR OF THE IMPLEMENTATION PLANNING AREA 1
“Proceeding Authority”
in agreement with
THE DIRECTOR OF WATER RESOURCES AND ENVIRONMENTAL HYGIENE
"Competent authority"

SEEN

• Directive no. 42/2001/EC of the European Parliament and of the Council of 27.6.2001, concerning the evaluation of the effects of certain Plans and Programs on the environment;
• Legislative Decree n. 152 of 3.4.2006 and subsequent amendments;
• art. 16 of Law no. 1150 of 17.08.42 and subsequent amendments;
• art. 4 of Regional Law n. 12 of 11.3.2005 and subsequent amendments, which regulates the evaluation of the effects deriving from the implementation of certain Plans and Programs on the environment;
• Regional Council Resolution no. VIII/351 of 13.3.2007, with which the general guidelines for the environmental assessment of Plans and Programs were approved;
• Resolution of the Regional Council n. VIII/6420 of 27.12.2007, with which the procedural methodological models for the Strategic Environmental Assessment of Plans and Programs were approved;
• Resolution of the Regional Council n. VIII/10971 of 30.12.2009, concerning the implementation of the provisions of Legislative Decree no. 4 of 16.1.2008 and the consequent modification, integration and inclusion of new models;
• Resolution of the Regional Council n. IX/761 of 10.11.2010 concerning the transposition of the provisions of Legislative Decree no. 128 of 29.6.2010;
• Decree no. 13071 dated 14.12.2010, approved by the General Directorate for Territory and Urban Planning of the Lombardy Region, containing a circular entitled "The application of environmental assessment of plans and programs - SEA in the municipal context";
• art. 107 of Legislative Decree no. 267 of 18.8.2000; - art. 71 of the current Statute of the Municipality of Milan;

Given that:

• Directive 2001/42/EC of the European Parliament and of the Council of 27.6.2001, Legislative Decree 3.4.2006 n. 152 and subsequent amendments and LR 11.3.2005 n. 12 and subsequent amendments provide for the environmental assessment of Plans and Programs that may have a significant impact on the environment, in order to promote sustainable development and ensure a high level of environmental protection;
• with request Prot. 12/12/2022.0673131.E (and subsequent integration Prot. 09/05/2023.0259242.E) the definitive proposal for the mandatory Implementation Plan called “PA3 (Viale Molise)” was presented pursuant to art. 26.5 of the Rules Plan of the current PGT of Milan, relating to an area of ​​the total territorial surface of approx. approximately 148.371 located in Milan, divided into the "ex Macello section" north of via Lombroso between viale Molise, via Azzurri d'Italia and the vegetable market and in the "ex Avicunicolo section" south of via Lombroso, between via Maspero and Vismara ;
• the presentation of the final proposal of the PA3 follows the implementation of the international Reinventing Cities tender following which the aforementioned areas, owned by the municipality, were valorised and granted surface rights for 90 years to the winning team, the current operator proposing the Plan ;
• the proposed mandatory Implementation Plan is aimed at the redevelopment of the area described above and the surrounding urban area, through the localization of urban functions both free (residential, commercial, tertiary, tourist-accommodation) and subsidized (Social Residential Building - ERS) and private services of general interest, through new construction and building recovery interventions of existing properties mostly restricted pursuant to Legislative Decree 42/04 and subsequent amendments;
• more specifically, the proposal involves the construction of approx. 120.424 of gross floor area (SL), half of which is intended for ERS; it also plans to establish private services of public and general interest for a total conventional gross surface area of ​​39.770 m30.000, divided as follows: university campus (5.750 m430), museum space (1.590 m2.000), multifunctional-exhibition space (30 m20), auditorium /multipurpose exhibition and/or recreational space (11.610), local urban services (XNUMX mXNUMX); finally, the transfer (or rather the renunciation of the surface right on areas) equal to at least XNUMX% of the territorial surface, the identification of permeable park space for at least XNUMX% of the territorial surface, as well as the subservience to the public use of areas for additional mXNUMX. XNUMX approximately;
• the economic resources (construction contribution) deriving from the aforementioned redevelopment will be used for the creation of the new system of green areas and paths on the areas fully owned by the municipality, for the construction of a public school complex (nursery and nursery school), for primary urbanization interventions (subservices) and for the redevelopment of the surrounding road system;

specified that:

• on 9.5.2023 the Municipal Administration started the Strategic Environmental Assessment (SEA) procedure, with managerial determination no. 3833; the relevant notice of initiation of the procedure was published on the website of the Municipality of Milan and on the regional website (SIVAS);
• the Director of the Implementation Planning Area 1 of the Urban Regeneration Directorate, as head of the Office that activates the procedures for drafting and evaluating the Plan, is the Proceeding Authority;
• with determination of the Director of the Implementation and Strategic Urban Planning Area (now called Implementation Planning 1) n. 7766 of 23.9.2021, the Water Resources and Environmental Hygiene Area has been identified as the Competent Authority for the Strategic Environmental Assessment procedures and for the procedures for verifying eligibility for the Strategic Environmental Assessment relating to all the Plans and Programs within the competence of the Implementation and Strategic Urban Planning Area (now Implementation Planning 1);

whereas:

• the Strategic Environmental Assessment procedure, as outlined by Legislative Decree 3.4.2006 n. 152 and subsequent amendments, as well as by DGR 27.12.2007 n. VIII/6420, as amended by DGR 30.12.2009 n. VIII/10971, by DGR 10.11.2010 n. IX/761 and the application circular approved on 14.12.2010, 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 'Evaluation Conference', of information and public participation, of dissemination and publicity of information;
• in relation to the specificity of the Implementation Plan in question and the related urban area involved, it was deemed appropriate to identify which functionally interested parties:
  a) SO.GE.MI spa, i.e. the Company for the Installation and Operation of the Wholesale Food Markets of Milan, as the entity holding the ownership of the areas and the management of the activities of the General Markets in via Lombroso, located adjacent along the entire east side of the PA3 areas in question;
  b) the entities responsible for the management of the surrounding public car parks or public transport services gravitating in the area (ATM, TPL Basin Agency of the Metropolitan City of Milan), due to the possible impacts of the new settlement load on said services;
  c) the special company for the planning and control of the urban water system (ATO Metropolitan City), the company concessionaire of the integrated municipal water service and the management of systems and devices to guarantee hydraulic invariance (MM spa), as well as the companies owning the city's electricity, gas and district heating networks (A2A and Unareti) for the necessary coordination in terms of planning, location, construction and management of the new systems proposed or to be planned;
  d) the national bodies responsible for managing air transport (ENAC and ENAV) for the proximity to Linate airport and for the consequent assessment of the compatibility of the PA's planivolumetric forecasts with the airport constraints;
  e) the bodies (Municipality 4) in whose territory the area covered by the Implementation Plan is located;

DETERMINE

1. to identify, pursuant to art. 12, paragraph 2, of Legislative Decree 3.4.2006 n. 152 and subsequent amendments, of the 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 and the application circular approved on 14.12.2010:

- as subjects competent in environmental matters, to be consulted compulsorily:
 ARPA Lombardy – Department of Milan and Monza Brianza;
 ATS Milan - Metropolitan City;
 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;

- which functionally interested parties to invite to the evaluation conference:
 Municipality no. 4;
 ATO Area Office of the Metropolitan City of Milan;
 National Civil Aviation Authority (ENAC);
 National Agency for Flight Assistance (ENAV);
 Basin Agency of the TPL of the Metropolitan City of Milan, Monza and Brianza, Lodi and Pavia;
 MM SpA;
 A2A spa;
 Unareti SpA;
 ATM SpA;
 SO.GE.MISpA

- which individual sectors of the public are interested in the decision-making process:
 environmentalist associations recognized at national level, associations of the interested categories, professional orders and colleges, foreign representations, irrigation, reclamation and purification consortia, universities and research bodies, entities managing public services operating in the Milan area, individual citizens or citizens' associations 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, the information and communication methods are defined according to the methodological - procedural path of information and public participation, dissemination and publicity of the information referred to in DGR no. 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 form). In particular, we will:
• make the Scoping Document, the Environmental Report and the Non-Technical Summary available through publication on the websites of the Municipality of Milan and the Lombardy Region (SIVAS);
• also make the aforementioned documentation available by depositing it at the municipal offices in via Sile, 8 - 7th floor (Implementation Planning Area 1 – Proceeding Authority) and 3rd floor (Water Resources and Environmental Hygiene Area – Competent Authority);
• promptly communicate the provision 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 websites of the Municipality of Milan and the Lombardy Region (SIVAS).

THE DIRECTOR OF THE IMPLEMENTATION PLANNING AREA 1
Sara Morlacchi

VISED WITH UNDERSTANDING

THE DIRECTOR OF WATER RESOURCES AND ENVIRONMENTAL HYGIENE
Paola Cossettini