Discrezionalità amministrativa e pianificazione urbanistica: il rapporto tra protezione dell’ambiente e diritto di proprietà

The contribute explores the issue of environment and landscape protection as a result of the Council of State order no. 8325/2023. In fact, in urban planning and territorial management, the authority vested in local governments encompasses not only the development and regulation of land use but also the protection of the environment. This power allows for discretionary decisions that prioritize quality of life, even in areas with properties that do not have intrinsic features requiring higher levels of protection. Consequently, limitations imposed on private property through land use designations aimed at environmental preservation should not be judged solely according to specific landscape protection laws but should be evaluated based on urban planning criteria. Overall, the exercise of urban planning authority is compatible with landscape conservation, reflecting a balanced approach that integrates both urban and environmental objectives in managing and preserving territory.