The turning of jurisprudence
With sentence no. 2808 of April 2, 2025, the Council of State marked a fundamental step in the evolution of this balance. The case concerned the refusal of landscape authorization by the Superintendency for the installation of photovoltaic panels on a building located in a historic center subjected to bond.
By accepting the appeal presented, the Council has established that the works for the production of renewable energy are to be considered to public utility. This means that, while recognizing the large margin of technical discretion of the Superintendency, the reasons for the rejection of the intervention must be particularly rigorous and specific.
The criterion of landscape compatibility
In the motivation, the judges underline that the perception of photovoltaics as Visual disorder element It can no longer be considered an absolute evaluation. Instead, it is necessary to carefully evaluate “The methods of insertion” of the plants in the surrounding architectural and landscape context.
The sentence highlights that the installation of panels can be considered inadmissible only if it falls into those “unsuitable areas” expressly identified by the regional legislation.
Outside of such cases, each project must be evaluated individuallyon the basis of aesthetic and functional compatibility criteria, favoring solutions that harmonine technology and protection of heritage.
Ok to the photovoltaic panels in the historic center
In conclusion, the Council of State accepted the appeal, overturning the decision of the Tara Toscana.
The judges believed that the refusal of the landscape authorization by the Superintendency was illegitimate For several fundamental reasons.
First of all, the motivation was lacking and generic, without considering the specific characteristics of the intervention. The Council highlighted how the Superintendency had not assessed that the panels would be placed on Filed not visible from the public viawith characteristics (dark color, non -reflective, coplanar) designed for minimize the visual impact.
In addition, the CDS specifies that the reference legislation has introduced simplifications that aim to encourage the spread of renewableswith a view to counting the public interest in the protection of the landscape with the same significant public interest aimed at increasing the production of energy from alternative sources.
