Abstract

After clarifying the effects of the Declaration of Public Interest on Landscape and Panoramic Beauties, the Author examines the effectiveness of the landscape constraints and hotel constraints. The landscape constraint is directed to the conservation of the territory and the hotel chain safeguards the destination of the property to the economy as a whole and allows the productive use of the property. Hotel constraint implies, as a rule, the compliance of the use of the good with the area of destination imposed by the municipal regulation plan. For the most prestigious real estate complexes, hotel constraints may also relate to the interests of respect for cultural and cultural values, not only to the physical preservation of the good and its conformity to urban planning instruments. For the goods of particular value, the hotel connection has similar effect to the landscape constraint and makes it necessary to assess the compatibility of the works with the preservation and devolution of the good for cultural purposes through an express order of the administration. The author investigated the case of the "former Flotta Lauro" building in Naples (now called "Hotel Romeo"), which was transformed and raised without such an assessment of the administration despite the link to the Unesco World Heritage Site. Landscape compatibility assessment of works was deemed necessary by the Administrative Court but not by the Constitutional Court because the Unesco Treaty does not oblige the administration to declare the public interest in the area required for compatibility assessment.