Photovoltaic systems in the agricultural zone: farmers' rights and obligations towards the European Union. | Legal Intervention Group profit organization
Home About Us Publications in the field of environmental law, Contacts 5 per thousand ATM Verde HERE THE PREVIOUS BLOG Grig Channel - our video Doctrine and jurisprudence what you can do Our petitions Course lease swap and Workshops Environmental Law. Seminars Environmental Law NEWSLETTER! Grig shop! Competition thesis in environmental law Your questions About us NO to the privatization of the beaches!
Home> lease swap biodiversity, defense, solar energy, renewable energy sources, Justice, Legal Intervention Group, Italy, landscape, environmental sustainability> Photovoltaic systems in the agricultural zone: farmers' rights and obligations towards the European Union.
Also on the legal journal online Lexambiente ("PV lease swap Systems in the agricultural zone: farmers' rights and obligations towards the European Union"), 16 October 2013.
In recent times, lease swap it happens more often than most of the territory intended by the planning instruments, to 'agricultural activity, lease swap is used for the production of electricity from renewable sources, an activity that, according to its nature, should instead be carried out in areas industrial. This leads, inevitably, a profound change in the region and a reduction in the space designated for the performance of one of the most popular economic activities in Italy, over the years, have allowed our country to ensure quality products and excellence.
However, this change was made possible with the introduction in Italy of the possibility of achieving plant production of electricity from renewable sources, including in areas classified as agricultural by existing urban plans, as required by art. 12, paragraph 7, of d. lgs. December 29, 2003, n. 387 "Implementation of Directive 2001/77/EC lease swap on the promotion of electricity produced from renewable energy sources in the internal electricity market."
The same Article. 12 d. lgs. 387/2003 states that in the location of the facilities from renewable sources, "you will have to take into account the provisions of support to the agricultural sector, with particular reference to the promotion of local food traditions, protection of biodiversity, as well as the cutural heritage lease swap and the rural landscape of which the Law of 5 March 2001, n. 57, Art. 7 and 8, as well as the d. lgs. May 18, 2001, n. 228, art. 14 ".
In general, however, our system allows the construction of photovoltaic systems in agricultural areas, as confirmed by the recent lease swap ruling of the State Council, Sec. V, n. 4755 of September 26, 2013, which is particularly lease swap interesting, as well as the extent to which examines some fundamental aspects related to the locus standi of the applicants, even to the extent that addresses and analyzes the merits of the requests of the same.
The ruling lease swap stems from the use of the TAR Veneto proposed by the owner and by the tenant of an agricultural area cultivated with cereals, adjacent to a land affected by the construction of a photovoltaic plant in the municipality of Canaro, as well as by the Federation Coldiretti Veneto.
The TAR Veneto, Sec. II, with ruling no. 1439 of 23 November 2012, declared the appeal inadmissible for lack of locus standi of the applicants, considering their condition insufficient to establish legal standing because lease swap the alleged damage was not represented by issues relating to the "vicinitas", such as crop disorders caused by the plant, but adhered to general topics such as the impact on microclimate or resizing of the agricultural areas used for agriculture (as pointed out by the State Council).
The State Council, in its judgment no. 4755 of 26 September 2013 recognizing the locus standi of the applicants, clarifies lease swap how the peculiarities of the story consists lease swap solely in the fact that "in this case the current legislation allows for its use other than the (agricultural) ordinarily allowed by planning regulations dictated by state legislation and regional lease swap and acts of the municipal urban planning "Therefore, the Board believes," the issue of locus standi against acts which authorize the placing in a rural area of a plant for the production of electricity from renewable sources, to achieve, normally , in the industrial zone, can not be addressed in terms other than those in which it is ordinarily set to the issue of locus standi against lease swap acts of authorization of interventions
Home About Us Publications in the field of environmental law, Contacts 5 per thousand ATM Verde HERE THE PREVIOUS BLOG Grig Channel - our video Doctrine and jurisprudence what you can do Our petitions Course lease swap and Workshops Environmental Law. Seminars Environmental Law NEWSLETTER! Grig shop! Competition thesis in environmental law Your questions About us NO to the privatization of the beaches!
Home> lease swap biodiversity, defense, solar energy, renewable energy sources, Justice, Legal Intervention Group, Italy, landscape, environmental sustainability> Photovoltaic systems in the agricultural zone: farmers' rights and obligations towards the European Union.
Also on the legal journal online Lexambiente ("PV lease swap Systems in the agricultural zone: farmers' rights and obligations towards the European Union"), 16 October 2013.
In recent times, lease swap it happens more often than most of the territory intended by the planning instruments, to 'agricultural activity, lease swap is used for the production of electricity from renewable sources, an activity that, according to its nature, should instead be carried out in areas industrial. This leads, inevitably, a profound change in the region and a reduction in the space designated for the performance of one of the most popular economic activities in Italy, over the years, have allowed our country to ensure quality products and excellence.
However, this change was made possible with the introduction in Italy of the possibility of achieving plant production of electricity from renewable sources, including in areas classified as agricultural by existing urban plans, as required by art. 12, paragraph 7, of d. lgs. December 29, 2003, n. 387 "Implementation of Directive 2001/77/EC lease swap on the promotion of electricity produced from renewable energy sources in the internal electricity market."
The same Article. 12 d. lgs. 387/2003 states that in the location of the facilities from renewable sources, "you will have to take into account the provisions of support to the agricultural sector, with particular reference to the promotion of local food traditions, protection of biodiversity, as well as the cutural heritage lease swap and the rural landscape of which the Law of 5 March 2001, n. 57, Art. 7 and 8, as well as the d. lgs. May 18, 2001, n. 228, art. 14 ".
In general, however, our system allows the construction of photovoltaic systems in agricultural areas, as confirmed by the recent lease swap ruling of the State Council, Sec. V, n. 4755 of September 26, 2013, which is particularly lease swap interesting, as well as the extent to which examines some fundamental aspects related to the locus standi of the applicants, even to the extent that addresses and analyzes the merits of the requests of the same.
The ruling lease swap stems from the use of the TAR Veneto proposed by the owner and by the tenant of an agricultural area cultivated with cereals, adjacent to a land affected by the construction of a photovoltaic plant in the municipality of Canaro, as well as by the Federation Coldiretti Veneto.
The TAR Veneto, Sec. II, with ruling no. 1439 of 23 November 2012, declared the appeal inadmissible for lack of locus standi of the applicants, considering their condition insufficient to establish legal standing because lease swap the alleged damage was not represented by issues relating to the "vicinitas", such as crop disorders caused by the plant, but adhered to general topics such as the impact on microclimate or resizing of the agricultural areas used for agriculture (as pointed out by the State Council).
The State Council, in its judgment no. 4755 of 26 September 2013 recognizing the locus standi of the applicants, clarifies lease swap how the peculiarities of the story consists lease swap solely in the fact that "in this case the current legislation allows for its use other than the (agricultural) ordinarily allowed by planning regulations dictated by state legislation and regional lease swap and acts of the municipal urban planning "Therefore, the Board believes," the issue of locus standi against acts which authorize the placing in a rural area of a plant for the production of electricity from renewable sources, to achieve, normally , in the industrial zone, can not be addressed in terms other than those in which it is ordinarily set to the issue of locus standi against lease swap acts of authorization of interventions
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