Pianificazione urbanistica e interessi differenziati: la difesa del suolo quale archetipo di virtuose forme di cooperazione tra distinti ambiti di amministrazione

The use of the territory is not only regulated by the planning law, but also from various disciplines of sector that have the purpose to protect the “diverse interests”, especially those of environmental nature. The latest normative production has tried to resolve the problem of the relationship between “diversified interests” and planning interests through the “co-planning”. In Italy, an example of this approach is represented by art. 57 d.lgs. 112/1998: this article provides the conditions to which the territorial plan of provincial coordination can take the effects of environmental protection plans. Other times, the legislator chose to provide that the plan of environmental protection is a limit to the discretion that is practiced in the territorial and urbanistic plans: an example of this second approach is constituted by the discipline of the planning of hydrogeological basin, today contained in the d.lgs. 152/2006. Actually the implementation of this last legislation allows to identify new possible forms of cooperation among different administrative authorities to the purpose of a correct use of the territory: this is demonstrated by the plan for the hydrogeological structure of Po River (PAI), whose implementation allows a valuable exchange of informations among river basin authorities and urbanistic authorities, with the purpose to strengthen protection of territory.