Description
The Strategic Environmental Assessment (SEA), introduced by Directive 2001/42/EC and implemented in the province through regulations approved in September 2006, is aimed at the prior assessment of the effects of planning and programming instruments on the environment. Based on the principle of prevention, the strategic assessment has the objective of integrating environmental checks when plans and programmes are drawn up and adopted: the SEA is therefore configured as a procedure that accompanies the decision-making process, in order to guarantee a well-considered choice among the possible alternatives, in the light of the plan guidelines and of the territorial context in which it operates, and at the same time a substantial certainty on the implementation of the forecasts that are verified a priori under the various profiles.
With respect to this framework of reference,the provincial urban planning law no. 1/2008 has, in an innovative way, declined the strategic assessment of plans as a self-assessment (thus not referring it to a different authority), as an activity that cannot be separated from the draft plan, in order to integrate all considerations, first and foremost environmental, in the territorial planning process as well as to ensure the simplification of the procedure and the non-duplication of acts.
With the d.P.P. no. 29-31/Leg. of 24 November 2009, the provincial regulation on strategic evaluation was modified, integrating it in particular with the Guidelines for the self-assessment of territorial planning instruments. The regulation, the relative Guidelines and the Methodological Indications - the latter approved by the Provincial Council with Resolution no. 349 of 26 February 2010 - implement the overall urban planning design, outlined by the new PUP and the Institutional Reform, aiming to ensure consistency between the different planning levels - PUP, community territorial plans, municipal regulatory plans and provincial natural park plans - in order to build a project capable of promoting the responsibilities of the different territorial realities, ensuring an attitude of cooperation between territories. Again in compliance with the provincial urban planning law, the self-assessment procedure, integrated in the process of urban plan formation, is also differentiated with respect to the different planning levels, with a view, as mentioned above, to the non-duplication of acts and procedures, distinguishing between self-assessment of territorial planning instruments, first and foremost community territorial plans, and urban reporting of general regulatory plans and provincial natural park plans, aimed at verifying and explaining, on a local scale, the consistency with the self-assessment of territorial plans.
In this framework, plan self-assessment becomes the strategic tool to ensure the consistency andeffectiveness of planning forecasts. It is configured as a logical reasoning that accompanies the plan in its elaboration, in order to ensure the objectives of environmental sustainability and at the same time to pursue the cooperation between territories with a view to contributing to a provincial scale project and guaranteeing the participation and information of citizens with respect to the plan choices.
For further information please consult the dedicated FAQ:
Decree of the President of the Province dd. 14 September 2006 n. 15-68/Leg in the text modified by the d.P.P. 24 November 2009, n. 29-31/Leg
Regulatory provisions for the application of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment, pursuant to Article 11 of Provincial Law no. 10 of 15 December 2004
(in force since 6 January 2010 - the provisions of Article 12, paragraph 1 bis, regarding the effects on the variants to PRGs, apply as of 7 March 2010, as 60 days from the entry into force of these regulations)
Regulatory Provisions - Annexes to the Regulation
Annex 1: Contents of the environmental report referred to in Article 4;
Annex 2: Criteria for the determination of possible significant effects as per Art. 3, para. 4;
Annex 3: Guidelines for the self-assessment of spatial planning instruments
The Decree of the President of the Province no. 17-92/Leg. dated 27 August 2012 containing:
The amending decree was published in the Official Bulletin no. 36 dated 4 September 2012 (date of enforceability 19 September 2012).
"Amendments to Presidential Decree no. 15-68/Leg of 14 September 2006 (Regulatory provisions for the application of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment, pursuant to Article 11 of Provincial Law no. 10 of 15 December 2004)", deleted paragraph 9 of Article 3 bis of Provincial Decree no. 15-68/Leg. P.P. no. 15-68/Leg of 2006, which provided that also the exercise of the powers of derogation pursuant to Article 112, paragraph 4, of Provincial Law no. 1/2008, in the case of works in contrast with the zoning, was subject to the issue of a nulla osta by the Provincial Council, applying the urban planning reporting procedure.
Therefore the application of the urban planning reporting procedure, in the cases of application of art. 112, paragraph 4 of Provincial Law no. 1/2008, is no longer applicable.