Institutional portal - Municipality of Milan

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 IMPLEMENTATION PLAN "GRECO-BREDA SPECIAL ZONE", PURSUANT TO DIRECTIVE 2001/42/EC AND LEGISLATIVE DECREE. N. 152 OF 3 APRIL 2006 AND SMI - MEASURE FOR SUBJECTION TO STRATEGIC ENVIRONMENTAL ASSESSMENT

THIS MANAGEMENT DECISION INVOLVES NO EXPENSES

THE AREA 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 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 current Statute of the Municipality of Milan;

CONDITION

Given that:

• with request dated 17/03/2022 (documents PG 0156675.E of 17.03.2022) was presented, signed by REDO SGR SPA – Benefit Company, in its capacity as management company of the Lombardy Real Estate Fund Comparto Uno, in its capacity as Proponent, the definitive proposal of the Implementation Plan for the Greco Breda 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, and approved with Decree of the President of the Lombardy Region n. 754 of 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 Programmes, pursuant to articles. 87 et seq. of Regional Law n. 12/2005, extended to the entire single Special Zone or Intervention Unit;
• the aforementioned Program Agreement 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 152/06 and subsequent amendments”; 
• the final proposal for the Implementation Plan envisages the regeneration of the disused portion of the Scalo Greco Breda, historically occupied by railway infrastructures. The proposed intervention, in compliance and implementation of the Railway Yards Program Agreement, involves the creation of a maximum SL equal to 24.000 m21.000 of which 3.000 m7.800 to be allocated to ERS and approximately 60 mXNUMX to be allocated to compatible functions. In addition, the project proposes an affiliated university residence for approximately XNUMX mXNUMX of surface area, to be classified as private equipment of general interest pursuant to the Service Plan. The intervention involves the creation of equipped public green areas equal to at least XNUMX% of the overall area, as well as the creation of a new stretch of road along the railway as an alternative to the central portion of Via Breda which is proposed for pedestrianisation;
• in the proposal, the economic resources deriving from the redevelopment intervention will be used for the construction of the primary urbanizations, the construction of the new road section and the green and pedestrian areas, according to programming and feasibility planning to be carried out and evaluated within the context of the plan process;
• the Director of the Implementation Planning Area 1 of the Urban Regeneration Directorate is, for the purposes of the SEA, the Proceeding Authority, as responsible for the Area that transposes, adopts and approves the aforementioned implementation plan for the Municipality of Milan;
• the Director of the Implementation Planning Area 1, in his capacity as Proceeding Authority, has identified - with Managerial Determination n.7766/2021 of 23.09.2021 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 for the verification procedures of eligibility for the Strategic Environmental Assessment relating to all the Plans and Programs under the responsibility of the Implementation Planning Area 1;
• on 24/06/2022 with Managerial Resolution no. 5088 of the Proceeding Authority, the procedure for subjecting the definitive Proposal for the "Greco-Breda Special Area" Implementation Plan concerning the areas located in Milan between via Sesto San Giovanni, Via Breda and via Rucellai was started, and on 25 /06/2022, communication of the start of the procedure was given by publication of the relevant notice on the online Notice Board and, on 28/06/2022, on the Municipality's website and on the SIVAS website of the Lombardy Region;
• on 04.07.2022, with Management Resolution no. 5367/2022 of the Proceeding Authority, in agreement with the competent Authority for the SEA, the following 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. 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;
• in the aforementioned Determination it was 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 information dictated by the provisions regional procedural determination of SEA 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);
• on 09.12.2022, 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 09.12.2022 to 07.01.2023, 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 of this filing was communicated to all interested parties also by means of a notice published on the online Praetorian Notice Board;
• on 22.12.2022, the first session of the Verification Conference was held aimed at illustrating the Preliminary Report and on 09.01.2023 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. 6 (six) contributions and observations sent by the subjects competent in environmental matters, territorial bodies and functionally interested subjects (by private citizens, associations, other bodies);
• 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 verifying the suitability of the Strategic Environmental Assessment (SEA) of the Implementation Plan of the “Greco-Breda Special Zone”, 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 the same provision;
• dated 28.02.2023 PG - Prot. 0121407.E. the V.Inc.A. procedure was concluded positively, following the positive pre-evaluation of Annex E of the Preliminary Report by the Quality Sector of the noise and energy area of ​​the Metropolitan City of Milan, as the Competent Authority for the 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;

The overall information emerging from the documentation produced was evaluated, as well as the results of the first and second sessions of the Verification Conference;

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 “GRECO-BREDA SPECIAL ZONE” Implementation Plan;
• to incorporate the recommendations contained in Table 2 Chapter 3 of the Investigation Report (Annex 1) into the documents required by the SEA procedure and into the subsequent design phases;
• 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. 5367 of 4/07/2022;
• 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 (Green and Environment Department)
Angelo Pascale (Adopting Manager)

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