The Seventh Section of the TAR of Campania rejected the appeal presented by Iliad against the Municipality of Caserta, which last April had issued an order ordering the telephone operator to remove the antenna under construction in Via La Pira, near the "Sant'Anna e San Sebastiano" hospital.
This demolition order followed a decision by the Municipality in January 2023 with which the Administration self-regulated the request for the release of an authorization for the construction of an antenna by IliadThe decision was adopted because the system does not comply with the Municipal Regulation, which requires a minimum distance of 75 meters between such installations and buildings used as hospitals.
Indeed, with a resolution dated April 13, 2021, the City Council approved a zoning change, which provides for the construction of a new three-story building and a 3-bed COVID-24 facility in the area. The facility will serve as an expansion of the Sant'Anna and San Sebastiano Hospital in Caserta, as well as the redevelopment and management of a public parking lot built by the Municipality of Caserta.
The TAR rejects Iliad's appeal: antenna must be removed
Il Tar dismissed the appeal of Iliad, considering that, as stated in the provision, "The contested provision of the Municipal Regulations stands up to the appellant's objections. It establishes, in fact, a 'location criterion' regarding situations deserving of specific (hospitals and schools) and homogeneous (most vulnerable segments of the population) protection, and not the (illegitimate) introduction of a generalized and heterogeneous distance limit for the location of facilities, which essentially impedes the spread of the telecommunications network throughout the municipal territory." At this point, the antenna must be removed.
"This ruling by the Campania Regional Administrative Court - explained the Mayor of Caserta, Charles Marino - This decision has a very significant significance: it is the first time a municipality has won a case of this kind. The administrative court has fully recognized the legitimacy of the provisions of the Municipal Regulations regarding the installation of such systems near hospitals or facilities that must enjoy specific protection. It should be noted, in fact, that in the area where Iliad planned to install an antenna, a three-story building will be built that will house major healthcare facilities, where delicate therapies for very fragile patients will be performed. This is an important victory not only for the municipality but for the entire community.
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