The TAR of Sardinia postpones the decision pending the ruling of the Constitutional Court on the moratorium for the construction of a photovoltaic system in Gonnesa in the Moru Nieddu area .
The TAR was unable to decide on the appeal presented by Branduzzo Energia Srl because the regional legislation – the so-called moratorium wanted by the council of Alessandra Todde that suspends for 18 months the construction of renewable energy plants on the Island – is sub iudice before the Constitutional Court. The TAR limited itself to rejecting the precautionary measure: the lack of authorization will therefore have to await the decision of the Supreme Court, expected within the year.
The Ministry of Culture , the Superintendency of Archaeology, Fine Arts and Landscape and the Metropolitan City of Cagliari also opposed the appeal .
The energy company had also requested the suspension of the actions with which the authorities had denied the construction of the park because it was in an urban planning prohibited area on the basis of the Puc adapted to the Ppr .
This is the provision with which the judgment is suspended : "Considering that, also in consideration of the subsequent regional legislation (art. 3 paragraph 1 of the Regional Law of the Sardinia Region n. 5 of 07.03.2024), against which a judgment of constitutional legitimacy is pending, the conditions for accepting the precautionary request do not exist; in any case, considering it appropriate, in the overall balancing of interests, to promptly set the hearing on the merits, reasonably in the first half of 2025; The Regional Administrative Court for Sardinia (First Section), rejects the precautionary request".
(Online Union)
