Thursday, January 13 held a hearing on appeals by the Committee for the Defense of Piazzale Lavater in 2005 and 2008.
The audience of 13 was set directly from the TAR, and then in office; the Committee has asked the court for several reasons which were accepted by the judges, who then referred the debate on June 9, 2011 .
The reasons for the request for referral:
1.
state are still many issues unresolved by the firm proponent and the municipality itself as to whether the project conforms with the law and the legitimacy of administrative procedure. So much so that the same company was keen proponent of deposit (even belatedly) 23/12/2010 last a reply with further evidence, trying openly as we argued in the requests for reference and in particular that the proceedings before the competent Provincial Command of the Fire Department not only has not ended completely but is capable of further study seems to be the same command VV.FF. that the City of Milan, the document filed by the Committee on January 5 will deny further dismissive of the company proposing to close the affair continued in existence and evident lack of planning is not remedied (and, says the Committee, not curable unless should not be destroyed once the proposed project);
2.
persists and continues:
the apparent absence of the opinion ERSAF Lombardia, measured from the same area of \u200b\u200bthe City Urban Design, which indicates the need to acquire the services of the conference since May 6, 2009 (that was not present at the Conference Board); Finally, in other cases ERSAF has prescribed that the distance from the trunks of the trees of the excavation must be greater than 5 meters, are planned in Piazzale Lavater 2.5 meters. (And the result is that the area left for the roots is equivalent to 25% or even less if one takes into account the size of the trunk and the fact that the roots near the trunk contribute little to power the plant)
3.
persists and continues:
the problem of the absence of trees, it is clear to everyone how the proposing company has proven to be unable to satisfy the requirements from the outset indicated ( and now repeated) from the State Forestry Sector and the Urban Design and Green City Council, even taking into account rules for intervention on the green in force in the town itself, for the most impossible, the Committee believes that failure, the Committee had promptly reported to the City duly registered with memory on November 8, 2010, we can deduce that it is far from the conclusion of the proceedings and in any case, missing the final decision to approve the final draft, and that is peaceful because, obviously, the current existence of a procedure for reassessment of the merits of the infrastructure.
addition, the Committee has notified last 30/11/2010 an act of formal notice to the Milan City Council not to proceed in issuing and / or put into execution any other act and / or action taken, consequential and / or subsequent to those mentioned above and in any case not to proceed in issuing the measure final approval.
Based on the foregoing, the Committee has therefore asked the TAR, even for economy, to order the postponement of that hearing at least the outcome of the revaluation process started City Councils.
Today, the TAR has fully accepted the Committee's request, against the demands of the municipality and the proponent of going to debate. Apparently the Court agreed with the Committee that deal today the case would be untimely because the investigation is still open and therefore does not make sense in the absence of an administrative decision final.
ERSAF, whose opinion is missing, the body that in other cases of underground parking in Milan ruled that the distance from the trunk of the excavation must be at least 5 meters Piazzale Lavater and the project involves the excavation to 2.5 meters. The lack of involvement of ERSAF may be prompted by fear of receiving a prescription of 5 meters would so obviously in fact the car (so 'as is now planned) would have required a re-issuance of the notice.
And anyway, we stress with strength, conviction and skill that even with the excavation of 2.5 meters to two: either you comply with the constraints on tree species or respect the constraints fire prevention.
Why Piazzale Lavater in a parking lot for almost 500 cars not only is the public interest, but THERE IS!
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