Commentary on Judgment No. 50766 of 2023: Landscape Offences and Authorizations

Judgment No. 50766 of November 15, 2023, issued by the Court of Cassation, offers interesting points for reflection on the regulations governing landscape offences in Italy. In particular, the decision clarifies the conditions under which external installations, carried out in protected areas, may not require landscape authorization. This issue is of great importance for entrepreneurs and professionals in the sector, as the correct interpretation of the rules can significantly influence daily practices.

Regulatory Context

The judgment refers to point A.17 of Annex A to Presidential Decree No. 31 of 2017. According to this point, external installations do not require authorization if they are intended to support food and beverage service establishments, commercial, tourist-accommodation, sports, or leisure activities. However, to benefit from this exclusion, it is essential that such installations have a reduced impact on the asset being protected, due to their structural characteristics, materials used, and the absence of permanent masonry.

Conditions for Exclusion

The Court emphasized that exclusion from authorization is subject to specific conditions, including:

• Installations intended for food and beverage service establishments.
• Commercial, tourist-accommodation, sports, or leisure activities.
• Reduced impact on the landscape asset in terms of materials and structural characteristics.
• Absence of masonry and stable connections to the ground.

Landscape offences – Interventions excluded from landscape authorization pursuant to point A.17 of Annex A to Presidential Decree No. 31 of 2017 – Conditions. Regarding landscape offences, external installations referred to in point A.17 of Annex A to Presidential Decree of February 13, 2017, No. 31, carried out in a protected area, do not require landscape authorization if they are intended to support food and beverage service establishments, commercial, tourist-accommodation, sports, or leisure activities and, furthermore, have a reduced impact on the asset being protected due to structural characteristics and materials used, as well as the absence of masonry and stable connection to the ground.

Conclusions

In conclusion, Judgment No. 50766 of 2023 represents an important reference for all those operating in the commercial and tourism sector in protected areas. The clarity of the conditions for exclusion from landscape authorization offers greater legal certainty, allowing projects to be planned and developed while respecting the protection of the landscape heritage. It is crucial, however, that operators in the sector adequately inform themselves about the specific regulations and conditions provided to avoid potential conflicts with the law.