Institutional portal - Municipality of Milan

Act No. DD 5367 of 04/07/2022
MANAGEMENT DETERMINATION
Implementation Planning Area 1
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 SUBJECTS AND THE INDIVIDUAL SECTORS OF THE PUBLIC INTERESTED IN THE VERIFICATION PROCESS OF SUBJECTABILITY TO STRATEGIC ENVIRONMENTAL ASSESSMENT PURSUANT TO DIRECTIVE 2001/42/EC AND OF THE LEGISLATIVE DECREE .LGS . N. 152 OF 3 APRIL 2006 AND SMI, OF THE PROPOSAL FOR THE IMPLEMENTATION PLAN FOR THE GRECO-BREDA SPECIAL AREA

Law 241/1990 Procedure Manager: Brambati Michela Rosa Evelina - Implementation Planning Area 1

THE DIRECTOR (Implementation Planning Area 1)

VISA

• Directive 42/2001 EC;
• the Legislative Decree 03/04/2006, n. 152 and subsequent amendments;
• the art. 4 of LR 11/3/2005, n. 12 and subsequent amendments;
• the Regional Council Resolution 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;
• Decree no. 13071 of 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";
• the art. 107 of Legislative Decree 18/08/2000, n. 267;
• the art. 71 of the 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 Society, in its capacity as management company of the Lombardy Real Estate Fund Comparto Uno, in as Proposer, the definitive proposal of the Implementation Plan for the Greco-Breda Special Area, 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, 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 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 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, an alternative to the central portion of Via Breda which is proposed for pedestrianization;
• 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;

Furthermore, given that:

• 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. 5088 of 24/06/2022, the Director of the Implementation Planning Area 1, as Proceeding Authority, started the procedure for verifying the suitability of the proposed Implementation Plan for the Greco-Breda Special Area to SEA;
• with Managerial Resolution no. 7766/2021 of 23/09/2021, the Director of the Implementation Planning Area 1, in his capacity as Proceeding Authority, has identified 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 the SEA-subjectibility verification procedures relating to all the Plans and Programs under the responsibility of the Implementation Planning Area 1;
• on 25/06/2022, communication was given of the start of the procedure by publication of the relevant notice on the online noticeboard, and on 28/06/2022 on the Municipality's website and 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 by the regional provisions on the matter (DGR no. VIII/6420 of 27/12/2007, as amended and integrated by the DGR no. VIII/10971 of 30/12/2009 and by the DGR no. IX/761 of 10/11/2010; DGR no. IX/3836 of 25/07/2012; Decree no. 13071 of 14/12/2010 of the General Directorate for Land and Urban Planning of the Lombardy Region approving the circular regarding subject “The application of 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

as territorially interested bodies, to 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 2;
• 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;
• ATM SpA;
• MM SpA;
• UNARETI SpA;
• A2A Energia SpA;
• University of Milan-Bicocca;
• Owners of the properties located in Via E. Breda n. 81
• Owners of the properties located in Via E. Breda n. 81/A
• Owners of the properties located in Via E. Breda n. 82
• Owners of the properties located in Via E. Breda n. 83
• Owners of the properties located in Via E. Breda n. 84;
• Owners of the properties located in Via E. Breda n. 86;
• Luce Foundation Via B. Rucellai n. 36;
• Condominium Via B. Rucellai n. 46/4 in the person of the Administrator;
• Condominium Via B. Rucellai n. 46/8 in the person of the Administrator;
• Condominium Via B. Rucellai n. 50 in the person of the Administrator;
• Anemone 82 Srl – tenant Eternedile Srl - registered office via GB Mauri 9, Monza (MB), as owner of the property in Via E. Breda n. 80, identified in the land registry by maps 16 sub 4, 17,155,156 of Sheet 108;
• FIAMMAVIVA Srl, registered office via M. Finzi 481 Modena, as owner of the property identified in the land registry by maps 235, 236 of Sheet 108;
• Condominium Via E. Breda n.48, in the person of the Administrator;
• Ownership FA.RI.LO SpA, as owner of the properties in Via E. Breda n. 54;
• ELDAP Srl Centroedile Milano Bicocca, as owner of the properties in Via E. Breda n. 41;

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 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 publicity of information dictated by the regional provisions of 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 form). In particular, we will, among other things:

• make the Preliminary SEA Report 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 (Implementation Planning Area 1 – Proceeding Authority) and 3rd floor (Water Resources and Environmental Hygiene Area – Competent Authority);
• promptly communicate the provision of the Preliminary SEA Report 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, assessments and opinions regarding the verification of eligibility for SEA, calling, pursuant to articles. 14 and following of Law 07/08/1990 n. 241 and subsequent amendments, a 'Verification Conference' 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 Conference and make them available through publication on the website of the Municipality of Milan and on the regional SIVAS website.

THE DIRECTOR (Implementation Planning Area 1)
Sara Augusta Morlacchi (Adopting Manager)