2015/01/11

Heritage protection and Zone Planning capacity

In reviewing the Zoning Plans, the Administration holds the right to alter the previous list of protected buildings and landscapes -  Ius Variandi- . Despite this, the initial assumption is that the listed items will continue underthis category.
 
The Administration needs justification should the protection be decreased to the extent that it can influence the effectiveness  of the conservation and protection of    the property listed. Relevant public interest must be the reason for this decrease of the protection, and  must be expressly explained in the document.
 
The Administration enjoys by Law the capacity of being                 discretional on the exercise of it's powers of planning.  Though       such a discretion doesn't mean freedom. The Administration is        subject to limits established by law on this subject. Their decision   is linked to the protective measures taken by the cultural heritage   administration.
 
The Supreme Court has already stated that listing heritage is a         regulated capacity. When dealing with the planning in reference to  listed elements the Administration must necessarily provide the       regulation that ensures the protection level suitable or appropriate   to protect those characteristics. 

No hay comentarios:

Publicar un comentario