[automatically translated] The preparation of the Landscape Plans had three significant moments that are reflected in three different laws, ie in three different historical periods. The first was represented by the law of 1939 (no. 1497/39). It was a law from the net idealistic cut with a strong authoritarian approach that pointed right on the principle of "protection of the natural beauty" as the same title declines. It is a particularly totalitarian approach that sees activated vincolistiche and sanctioning procedures. The Plans (voluntary) ensued, were few. The most interesting was that which dealt with the Sorrento peninsula that no accident bothered or inconvenienced important categories of late idealist philosophy and tended essentially to put the protection constraints for the conservation of the quality of some landscapes from clear panoramic quality. The second moment is represented by the law of 1985 (n. 431/85) which clearly introduces the principles of neo-positivist cut protection. The list of the eleven types of areas "subject to landscape" shows, with evident certainty, the desire to identify with deterministic approach, strongly objectifying, a set of sensitive areas, high quality not only landscapes but also consider them as naturalistic documents inalienable scientific attention and favor preservation of life. No coincidence that this law follows a few months the law governing the recovery of unauthorized (no. 47/85) and with evidence seems to tend to stem from objective arguments the unexpected effects of the use of soil out of planning any action. Plans derived from (mandatory) are many and are an important step with a predominantly naturalistic cutting approach. No coincidence that the law precedes by a few years and almost introduces the major environmental issues that will find new systematic only in the early 90s of last century. Although present in the Italian tradition of a careful spatial planning of environmental values and despite being required by law drafting territorial plans with landscape value, the plans drawn up in application of L 431/85 are almost all plans specifically "paesistici". In this context it takes shape since the early years of the new millennium, an approach to the issue which sees some extremely innovative events than previous legal formulations. Is introduced, before the "European Landscape Convention" (Florence 2000) and subsequently confirmed and extended by the Code of Cultural Heritage and Landscape (L n. 137/2002) a set of concepts that lead to the definition of landscape as a heritage identity of the local development. This direction already undertaken prominently in the definition of the third generation of landscape plans in training, It leads to the conclusion that the landscape planning and spatial planning coincide and in this case the term 'landscape plan' must also be applied to "urban-territorial plans" (art. 135 ex L 137/2002) which necessarily must contain "specific consideration of values landscape. " In this context, the participatory dimension and the already announced consultations on the Convention of the landscape (Chap. II, Art. 4:06 of the comments), passes explicitly in the code of the goods (Art. 144 and 145). II, Art. 4:06 of the comments), passes explicitly in the Code of goods (Articles. 144 and 145). II, Art. 4:06 of the comments), passes explicitly in the Code of goods (Articles. 144 and 145).
|Number of pages||5|
|Volume||Urbanistica Informazione n. 229 - Dossier n. 116|
|Publication status||Published - 2010|