Removable constructions on beaches and neighbouring wooded areas: a view on the recent italian experience
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Date
2016
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AESOP
Abstract
As observed in the relevant literature, notwithstanding the combined efforts of the national and of the various regional legislatures, Italy has not been able to ensure the implementation of a consistent and coherent coastal policy. The situation was expected to improve after the launch of a European Union campaign, which was intended to induce member States to elaborate national initiatives for coastal management according to the Integrated Coastal Zone Management principles. However, commentators have pointed out that the complete absence of a system strategy amounts to an insurmountable hurdle to put into effect the necessary measures. The integrity of several beaches has been seriously threatened as a consequence of a series of unforgivable mistakes committed by public agencies in the making of great public works, such as ports and railway lines running close to the sea. The coastal erosion attributable to human activities not only gave rise to serious social and environmental problems, but caused also injury to property and harm to personality rights of legal public persons. Civil courts have sometimes awarded damages in respect of similar claims. On one particular occasion a leading railways company, held responsible for the erosion, has been obliged to pay to a coastal municipality a sum of money to be spent on beach nourishment. Due to the uncertainty of the statutory framework, the task of solving specific problems, which may arise in connection with the need to protect the littoral, has been primarily left to the local planning authorities and to the courts. One of the most controversial issues in this field relates to the ascertainment of the categories of constructions that can be legally built on beaches and neighbouring wooded areas. Usually, land use instruments drafted by local authorities allow the operators of concessions on the public domain to construct structures for recreational activities.
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Proceedings of the IV World Planning Schools Congress, July 3-8th, 2016 : Global crisis, planning and challenges to spatial justice in the north and in the south
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