Declaration Of Public Interest Of The Village Old Dicraco, In The Province Of Matera.

Original Language Title: Dichiarazione di notevole interesse pubblico dell'abitato vecchio diCraco, in provincia di Matera.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-03-20&atto.codiceRedazionale=15A02006&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The REGIONAL DIRECTOR for cultural heritage and landscape of Basilicata having regard to law no August 7, 1990. 241, and subsequent amendments and additions; Having regard to the Legislative Decree of October 20, 1998, n. 368 bearing ' institution of the Ministry of heritage and cultural activities in accordance with art. 11 March 15, 1997, law n. 59 ", published in the Gazzetta Ufficiale della Repubblica italiana n. 250 of October 26, 1998; Having regard to the Legislative Decree of January 22, 2004, n. 42 incorporating cultural heritage and landscape code, pursuant to art. 10 July 6, 2002, law No. 137» published in the ordinary supplement to Gazzetta Ufficiale n. 45 of February 24, 2004, as amended and supplemented by Legislative Decree March 24, 2006, # 157 «corrective and Supplementary Provisions the Decree of January 22, 2004, n. 42, in connection with the landscape» published in the ordinary supplement to the Official Gazette # 102 n. 97 of April 27, 2006 and in particular articles 136, 138, 141, 157, paragraph 1, subparagraph 2, 183 and as further amended and supplemented by Legislative Decree March 26, 2008, # 63 «More corrective and supplementary provisions the Decree of January 22, 2004, n. 42, in connection with the landscape» published in the Official Gazette No. 84 of April 9, 2008, General series; Having regard to the Decree of the President of the Republic, November 26, 2007 # 233 ' regulation of reorganizing the Ministry of heritage and cultural activities, in accordance with art. 1, section 404 of the Act December 27, 2006, # 296 ', and in particular art. 17, subsection 3, letter. ((o-bis); Having regard to the Decree of the President of the Republic July 2, 2009, # 91, regulation changes to presidential decrees of reorganization of the Ministry and organization of the offices of direct collaboration of the Minister for cultural heritage and activities, specifically the changes referred to in art. 17, paragraph 3, point 8), lit. o-bis); Saw the appointment of the Executive function for extra duties, General level of Regional Director for cultural heritage and landscape of Basilicata, awarded to Marta dott.ssa Ragozzino with note # 12639 of November 14, 2014 by Secretary General MiBACT; As the Regional Directorate for cultural heritage and landscape of Basilicata has sent, with note No. 2976 of June 12, 2014 to the Basilicata region-Department of environment and territory, urban and landscape conservation Office, as well as the MiBACT-general direction for the landscape, fine arts, architecture and contemporary art, the proposed Declaration of public interest under art. 138 d.lgs. # 42/2004 of settelment of Craco, in the province of Matera, drawn up by the Superintendence for architectural heritage and landscape of Basilicata; Given the favourable opinion expressed by the Basilicata region with note No 113,758 of July 11, 2014, the proposal for a public-interest Declaration formulated by the Regional Directorate BCP in Basilicata, in consequence of the favourable opinion issued by the Regional Commission for landscape conservation at its meeting of July 9, 2014; Considering that, after thirty days. prescribed by art. 138 subsection 3 of the code, the Regional Directorate for cultural heritage and landscape of Basilicata initiated the procedure of Declaration of public interest via surrogate in accordance with art. 141 of d.lgs. # 42/2004, broadcasting, with note No. 3552 of July 14, 2014 addressed to the municipality of Craco, to the province of Matera, the Directorate-General for the protection of the landscape of MiBACT and the Basilicata region-Territory Planning, urban planning and environment Office Dip.to, the proposed protected old town of Craco in the province of Matera, for the purposes of posting for 90 days. the Praetorian register; Having regard to the explanatory notes # 4626 of September 26, 2014, with which the BCP Basilicata Regional Directorate has sent to the city of Craco a change to historical report sent previously, with invitation to billboards, always for the prescribed 90 days, the Praetorian register; Considered that the proposed Declaration of public interest of that question in the register has been published by the municipality of October 19, 2014 July 21, 2014 to Praetorian Craco integrative historical relationship and that the change was also published on the same October 3, 2014 to 2015 from 1 January Praetorian register; As the Regional Directorate for cultural heritage and landscape of Basilicata it provided the publication of the proposed protected computer on its website, giving notice as prescribed by the standard, in a newspaper in general circulation and two local editions, specifically on the newspapers Corriere della Sera, at p. 28 February 16, 2015 Edition, on the «Corriere del Mezzogiorno», p. 10 of February 17, 2015 and the «Gazzetta dello Sport-Edition Puglia and Basilicata», p. 39 of February 17, 2015; Considered that the BCP Regional Directorate of Basilicata, with note No. 607 of February 18, 2015 gave information to the interested entities, to MiBACT and the Prefecture of Matera Craco has been admitted about the proposed posting Praetorian protected, requiring the region Basilicata-Matera Dip.to planning, the province and the city of Craco to give notice on the respective information sites; Considering that in the terms of art. 139, paragraph 5, of the d.lgs. # 42/2004 no comments were received from organizations, institutions or stakeholders at various levels; Whereas the old village of Craco in the province of Matera, as bounded and described in the report included in the plan cadastral historical perspective, extremely charming and present a rich architectural heritage, formed by spontaneous and popular construction combined with noble palaces and religious buildings, becoming a reference point for the Italian cinema. Of particular value is the natural framework determined by building and architectural unit of ancient origin, composed primarily of a connective tissue of structured buildings with local stone masonry composing the country abandoned, set on a sandy clay and conglomerate formed in the Pliocene age, dating, I mean, almost seven million years ago. This context determines an important environmental landscaping singularities, affording numerous points of view and viewpoint that, in certain respects, are becoming more attractive. The old village of Craco is now abandoned as a result of the Decree of the President of the Republic April 23, 1965, # 800, published in the Official Gazette of July 17, 1965, # 177, because of geological problems series which continue to determine landslides and collapses extremely dangerous for public safety; Considering also that the cliff on which spine develops the old village of Craco, bounded by natural cliffs and dominated by the medieval tower and the Church around which revolves the dense texture of the building fabric of ancient origin, is a beautiful and natural environment of outstanding aesthetic value and traditional; Considered a priority the need to ensure the protection of that landscape, taking into account the need for a careful process of consolidation of the soil, threatened by activities subject to landslides, building activity as possible control of the ancient buildings, which could lead to improper transformations and tampering aimed at distorting the traditional architectural qualities, as well as the intrinsic risk of demolition able to imply a possible the village, with irreversible damage to thinning, unacceptable perception and aesthetic enjoyment of the original landscape, and probability of loss of environmental and historical identity as received until today; Considering that, with the «discipline areas and use of real estate» the report history, the Superintendence for architectural heritage and landscape of Basilicata has explained some provisions intended to ensure the conservation of landscape values represented by geomorphological components, architectural, historical and cultural ancient settlements, the village of Craco; Considered that, from the above, it is essential to the adoption of the measure of landscape protection, and then subjected to constraint, in accordance with Decree January 22, 2004, n. 42, part three, the area of the old village of Craco in the province of Matera, as reported in the attached perimeter plan, the cadastral map # 17, so identified: «North» with the outside strada Vicinale Mesola Samson bordering the cadastral sheet # 12;
«East» continuing with outside strada Vicinale Mesola Samson and bordering the cadastral sheet No. 12, until you reach the intersection with municipal road Craco-Ferrandina;
«South» starting from the intersection of strada Vicinale Mesola Samson with the local road Craco-Ferrandina, following for the outside municipal road Craco-Ferrandina bordering cadastral sheet # 18, to intersect the Highway No. 103 Val D'agri-Montalbano, bordering on cadastral sheet No. 29 and continuing outwards in the same road n. 103 Val D'agri-Montalbano, up to the limit of the cadastral sheet # 16;
«West» taking the Highway No. 103 Val D'agri-Montalbano, bordering on cadastral sheet No. 16 to the junction with the strada Vicinale Mesola Samson, bordering on cadastral sheet # 12 at closing with the starting point. Considered that, from the above, it is essential to the adoption of the measure of landscape protection, and then subjected to constraint, in accordance with Decree January 22, 2004, n. 42, part three, the area described above, in order to ensure their preservation and to preserve it from interventions that could compromise irreparably the valuable and exceptional landscape features. The village of old Craco, nestled deep in a fusion between nature, architecture and territory, must be preserved and protected in such a way as to respect also the issues and views; Detected, therefore the necessity and the urgency of subjecting the area above to a suitable measure of protection and for a specific discipline of guardianship, pursuant to art. 140 paragraph 2 of the code, aimed at ensuring the conservation of the values expressed by the aspects and characteristics of the territory in question; Considered that the constraint involves, in particular, the obligation on the part of the owner, possessor or holder for any purpose of the property falling into place bound to submit to the region or institution by the same-delegation for authorisation under articles 146, 147 and 159 of the aforementioned legislative decree No. 42/2004, for any operation that modifies the State of the places, in accordance with the procedure laid down by the abovementioned provisions;
Decrees: the whole area corresponding to the old village of the municipality of Craco in the province of Matera, as outlined and indicated in the plan cadastral and described in the historical relationship, which constitute an integral part of this Decree, it is declared to be of substantial public interest pursuant to arts. # 136, paragraph 1, lett. c # 138, paragraph 3) and 141 of the Legislative Decree January 22, 2004, n. 42, and is then fully subject to all safeguards contained in part three of the same Decree. In that area, which is subject to this statement of considerable public interest, there is the discipline dictated pursuant to art. 140 paragraph 2 of Legislative Decree No. 42/2004, aimed at ensuring the conservation of the values expressed by the aspects and characteristics of the territory in question, contained in the attached historic report, constituting an integral part of this Decree. That provision provides that: the surrounding area declared of public interest must be reduced as much as possible the edification, so as not to affect the prospective framework of the ancient town, which could suffer pollution typological font, not in line with the specific characteristics of the local culture;
must be promoted integral protection of existing artifacts, from churches to palaces, up to homes with connotation more simple, more poor workmanship;
should be drafted and adopted a "recovery plan" of the ancient village to establish conservation zoning regulations, as well as encourage restoration on existing buildings. Copy of the Official Gazette containing the present Decree will be affixed in accordance with art. January 22, 2004, 140, paragraph 4 of Legislative Decree n. 42 and art. 12 June 3, 1940, Regulation No 1357, the register of the municipality of Craco, with filing the official journal itself, with its floor plan and historical relationship with the "Discipline of use of areas and enhancement of buildings" at the competent offices of the said municipality. Against this Decree allowed proposition of an action before the competent regional Administrative Tribunal, pursuant to Legislative Decree July 2, 2010, # 104 — extraordinary appeal is allowed to the head of State, according to the Decree of the President of the Republic, November 24, 1971 n. 1199, respectively within sixty and one hundred and twenty days from the date of service of this Act.
Power, Deputy Regional Director February 24, 2015: Ragozzino