Insights

TAR Milan confirms the lawfulness of Municipal policy guidelines requiring the approval of detailed plans

By Judgment No. 59/2026, the Lombardy Regional Administrative Court (TAR) – Milan confirmed the lawfulness of certain municipal policy guidelines — namely Service Directive No. 4/2024 and City Board Resolution No. 199/2024 — which require the approval of detailed plans (“piani attuativi”) for building works characterized by a significant urban impact (It should be noted that the case concerned a project for a new construction development on an undeveloped area, with a building volume exceeding 3 cubic metres per square metre, in deviation from the applicable morphological rules).

Of particular relevance is the passage in which the Court recognizes the broad technical discretion vested in the Municipality in identifying the urbanization needs of the territory. The Court clarified that, even in the case of enclosed plots (“lotti interclusi”), the Municipality may require the prior approval of detailed plans where the proposed development results in an increase in the urban load without a corresponding enhancement of the existing provision of areas for public services.

SI – Studio Inzaghi remains available for any further assistance or clarification.

The full text of the TAR Milan judgment is available here.