The rejection of the PAS for projects in suitable areas is unlawful if not properly justified

With judgment no. 758 of April 29, 2025, the Administrative Court of Lecce reaffirmed the obligation for public administrations to provide a detailed justification for rejecting the Simplified Enabling Procedure (PAS) when the relevant project is located in a suitable area pursuant to Article 20, paragraph 8 of Legislative Decree no. 199/2021.

In the case at hand, the Municipality of Nardò merely stated that the project was incompatible with the General Urban Development Plan (PRG) and the Regional Landscape Territorial Plan (PPTR), and thus the relevant areas could not be classified as suitable under Article 20, paragraph 8, letter a) of Legislative Decree 199/2021 (i.e., sites where plants of the same energy source are already installed and where modifications are carried out— including substantial ones—for refurbishment, enhancement, or complete reconstruction, without increasing the occupied area by more than 20 percent).

The Court found that the administration had based its conclusions on a partial (and incorrect) interpretation of the regulatory framework concerning suitable areas.

Specifically, while the Municipality focused on the suitable area referred to in Article 20, paragraph 8, letter a), it failed to acknowledge that the project also involved areas covered by Article 20, paragraph 8, letter c-ter), no. 2—areas also deemed suitable for the installation of renewable energy plants and explicitly mentioned by the applicant during the authorization process.

These areas, in particular, include those within industrial facilities and plants, as well as agricultural areas located within a perimeter whose points are no more than 500 meters from the same facility or plant.

As the Court emphasized, this led to a lack of proper investigation and reasoning in the Municipality’s decision-making process, since Article 20, paragraph 8, letter a) of Legislative Decree 199/2021 is not the only rule identifying ex lege suitable areas, and the administration failed to assess whether the project area could fall under other categories governed by the same legislative framework.

Additionally, the Court criticized the challenged decision insofar as it deemed the project incompatible with the PPTR provisions. It stressed that, in terms of justification, the administration must conduct a case-by-case assessment, taking into account the specific features of the location and the public interest, while keeping in mind the European regulations promoting renewable energy sources.

This ruling aligns with a growing body of case law according to which any reasons for denying authorization for renewable energy projects must be particularly stringent (see, among others, Council of State, Section VI, June 9, 2020, no. 3696, and Section II, May 2, 2025, no. 3701).