Information on Tar judgement ad transfer of assets to the Municipality

TAR judgement

The final hearing of the appeal filed by the Community before the Sardinian Regional Administrative Tribunal (TAR) against the Municipality of Trinità d’Agultu e Vignola, Abbanoa, EGAS and the Province of Sassari concerning the obligation to acquire the functional and functioning primary works of Costa Paradiso and the authorisations granted to private parties for the construction of a section of the sewage plant was held on February 23. The judgement delivered on March 2 (link) has substantially confirmed what had already been decided in the 1039 appeal  judgement  filed by ATCP and others, namely condemning the Municipality of Trinità d’Agultu e Vignola to take charge of the urbanisation works, it being understood that the financial burdens necessary to proceed with the extension and extraordinary maintenance of the purification structures and the sewage system are to be borne by the owners of the lots and not by the Municipality of Trinità d’Agultu e Vignola. “The Municipality shall proceed to the implementation of the structures completing and upgrading them, in surrogacy to the allotment subdividers and other obligated parties, enforcing, where necessary, the relative guarantees and, if this is not possible, recovering from the subdividers and, then gradually, from their assignees, obligated propter rem.”

Finally, the judgement, while allowing the initiatives of individual owners to carry out works aimed at improving the existing sewerage system due to a situation of objective inadequacy, authorises the building permits issued by the Municipality specifying that these works are functional to the areas and buildings owned by the these privates builders and “must and may (inevitably) be managed by the private builders only for the period of time strictly necessary for their construction, while, once completed, they must be tested and taken over by the Municipality”.

The Judge therefore rejected the other requests of the Community’s appeal concerning the building permits and reiterated that the burden of the costs of completing the sewerage system have to be borne by the homeowners, as already established by the Community Assembly in May 2011.

For the time being, the judgment puts an end to a 50-year-long allotment agreement and opens a new period for the relations between the public administration and the Costa Paradiso Community Administration. The future should be based on the cooperation between the two administrations, each within its own sphere of competence, but with the aim of developing this wonderful area.

Transfer of assets to the Municipality

On March 2 (link), Trinità d’Agultu Municipality resolved to acquire Costa Paradiso primary urbanisation areas, road network, urban standards areas, public green spaces and parking areas , and to take on all the relevant maintenance charges. This is the last act following a thirty-year phase of confusion, disputes and misunderstandings. At last, the public authorities fully assume their responsibilities and the Community regains its fundamental role.

Costa Paradiso Board of Directors

Costa Paradiso March 7 ,2022