701.100
LSTROGLAT
CH-TI
CH-TI
Art. 34 LST Legge sullo sviluppo territoriale (LST)
LST
Art. 34 LST
[16] Possono essere sottoposte alla procedura semplificata le modifiche che
a) mutano in misura minima una o più disposizioni sull’uso ammissibile del suolo;
b) comportano correzioni dei limiti di zona determinate da ragioni tecniche;
c) interessano una superficie di terreno non superiore a 3000 mq oppure
d) in caso di modifiche che riguardano le reti delle vie di comunicazione, se non è modificata la gerarchia delle strade.
[16] Art. modificato dalla L 21.6.2021; in vigore dal 1.1.2022 - BU 2021, 368.
Decisioni giudiziarie che applicano questa disposizione (16)
90.2019.14 · ti (art. 34 cpv. 1 LST)
Zoning Amendment Procedure and Proportionality Challenge
The appeal was granted because the simplified procedure (governed by art. 34 LST regarding the limited number of affected persons) was incorrectly applied.
90.2019.15 · ti (art. 34 cpv. 1 LST)
Administrative Court Annuls Zoning Amendment for Public Parking Due to Procedural Flaws and Insufficient Justification
Cited in the reasoning section to establish that the simplified procedure was improperly used because the modification affected more than a limited number of people.
90.2017.44 · ti (art. 34 cpv. 1 LST)
Modification of Development Plan Procedure for Waste Collection Point
The appeal was upheld because the simplified procedure (Art. 33/34 LST) was deemed invalid as the modification affected too many people, requiring the ordinary procedure, leading to the annulment of the decision based on this procedural error.
90.2016.48 · ti (art. 34 e seg. LST)
Zoning Amendment Procedure Challenge: Youth Center Construction on Recreation Land
The court accepted the appeal because the prerequisites for using the simplified procedure (Art. 34 LST and following) were not met.
40.2014.6 · ti (art. 34 Lst)
Property Owner v. Cantonal Valuation Office (Valuation Revision Timeline and Scope)
Cited in the reasoning regarding the admissibility of the initial complaint, which informed the final decision to annul and remit.
40.2014.6 · ti (art. 34 cpv. 1 Lst)
Property Owner v. Cantonal Valuation Office (Valuation Revision Timeline and Scope)
Cited in the reasoning concerning the deadline for filing complaints against valuations.
40.2014.6 · ti (art. 34 cpv. 4 Lst)
Property Owner v. Cantonal Valuation Office (Valuation Revision Timeline and Scope)
Cited in the reasoning regarding the conditions for the extension of the deadline for complaints.
40.2008.1 · ti (art. 34 segg. Lst.)
Usufructuary Challenge to Property Revaluation Based on Building Depreciation
Cited to confirm the admissibility of the appeal as timely filed by a rights holder.
40.2005.209 · ti (art. 34 cpv. 1 Lst.)
Appeal on Real Estate Appraisal Revision Inadmissible Due to Lack of Representation Authority
This provision was cited in the preamble to the operative part, relating to who may file an appeal.
40.2005.209 · ti (art. 34 cpv. 1 Lst)
Property Owner Lack of Standing to Appeal Condominium Valuation Revision
Cited in the conclusion preamble, related to standing to file the appeal, leading to inadmissibility.
40.2005.209 · ti (art. 34 cpv. 1 Lst)
Property Owner Lack of Standing to Appeal Condominium Valuation Revision
Cited in the motivating part before the operative part, concerning who has the right to file an appeal (standing).
40.2014.6 · ti (Art. 34 cpv. 1 Lst)
Appeal Against Revision of Property Tax Valuation via Rectification of Error Procedure
Cited in the reasoning regarding the deadline for appeals, but not explicitly mentioned in the final orders.
40.2014.6 · ti (Art. 34 cpv. 4 Lst)
Appeal Against Revision of Property Tax Valuation via Rectification of Error Procedure
Cited in the reasoning regarding the reestablishment of appeal deadlines, but not explicitly mentioned in the final orders.
90.2016.48 · ti (art. 34 LST)
Cantonal Tribunal Annuls Municipal Plan Modification for Youth Center Over Procedural Grounds
The court based its decision on the non-applicability of the simplified procedure for minor amendments, the conditions for which are defined in Art. 34 LST.
90.2019.15 · ti (art. 34 cpv. 1 LST)
Annulment of Planning Modification Imposing Private Property Parking Restriction Due to Improper Procedure and Unproven Justification
The decision relies on this article when assessing whether the modification qualified as a 'modification of minor importance' requiring simplified procedure, concluding the procedure was flawed because the change affected more than a limited number of persons.