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.
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