Lombardy TAR orders Milan to resolve construction permit delay

The Lombardy TAR has ruled that the Milan City Council cannot indefinitely stall the procedure for a construction permit. The court upheld an appeal by Lambretto Immobiliare srl regarding a residential project on via Cletto Arrighi 16.

The municipality had previously halted the process due to the absence of an approved urban planning convention. However, the court determined that the convention is a result of the investigation and dialogue between the administration and the developer, rather than a pre-existing document required to start the process. The judges ruled that the investigation into the building project and the convention must proceed simultaneously.

As a result, the court declared the municipality’s inaction illegal and ordered the administration to complete the investigation and submit a definitive scheme for approval within 60 days. While the city is not obligated to approve the project, it is required to provide an express decision supported by adequate reasoning. Failure to comply may lead to the appointment of a commissioner.