Administrative, Commerce, Business Plan, Nature, Council of State, Section IV, Judgment no. 2762 of 09/05/2018

Planning nature of the Business Plan

The Business Plan is an act of economic planning, aimed at conforming, even from an urban planning point of view, commercial distribution (1).

(1) The Section has clarified that the nature of an economic planning act is, in fact, inferred by the Court of First Instance from the objective of the Plan to pursue the “safeguarding of the existing economic system”, with the further clarification that “the new settlements must not alter the organization of the existing commercial system “, considering” the planned organization is already functional to the coherent development of the various types of sales present in the municipal territory “.

To this economic purpose, various urban and territorial requirements were then added to the same Plan.

In particular, those relating to “safeguarding territorial and environmental sustainability, the balance of the urban system, reducing land consumption and rehabilitating areas of decay”.

Under this last profile, the Plan of retail trade on private areas, containing the planning of medium and large sales structures, has also assumed the nature of territorial planning or urban planning for the establishment of new commercial businesses.

The Section added that the connection between commercial and territorial planning is now a data acquired in the system (Court of Justice No. 176 of 2014), since the two subjects are preordained for different purposes (protection of competition and correct use of the territory) but between their interferents (Cons. St., section VI, No. 2928 of 2005).

Source Administrative Justice