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LSTROGLAT
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CH-TI
Art. 63 LST Legge sullo sviluppo territoriale (LST)
LST
Art. 63 LST
1 Dalla data di pubblicazione del piano regolatore o del piano particolareggiato di cui all’articolo 27 e sino all’approvazione del Consiglio di Stato, come pure dalla data di adozione del piano di utilizzazione cantonale di cui all’articolo 45 e sino all’approvazione del Gran Consiglio, non si possono attuare modifiche edilizie o altri interventi contrari alle previsioni del piano.
2 Il blocco edilizio decade se il Consiglio di Stato, rispettivamente il Gran Consiglio, non approvano il piano entro due anni dalla scadenza del termine di pubblicazione, rispettivamente di adozione.
Decisioni giudiziarie che applicano questa disposizione (15)
90.2022.7 · ti (Art. 63 LST)
Property Owners and Tenants v. Municipality on Three-Year Planning Zone Validity
Cited to describe the building freeze (blocco edilizio) as an alternative measure, and later noted as not applicable yet.
52.2019.289 · ti (art. 62 e 63 LST)
Property Owner Appeals Denial of Permits for Historic Building Courtyard Roofs
These provisions were cited to argue that the initial construction in 2014 should have been suspended due to the building freeze related to the PRP adoption.
52.2019.550 · ti (art. 63 cpv. 2 LST)
Appeal Against Executive Order Annulment of Building Permit Refusal and Instruction for Safeguard Measure Imposition
Cited to indicate when the building ban, triggered by the adoption of the PUC, will lapse, requiring the municipality to rule on the suspended application.
52.2021.180 · ti (Art. 63 LST)
Administrative Court Upholds Suspension of Building Permits Due to Substantial Project Alterations and Planning Conflicts
The court confirmed the government's instruction to the Municipality to rule on the building freeze, which legally superseded the suspension decision after the PUC-CV adoption.
90.2018.22 · ti (art. 63 LST)
Property Owner v. Municipality Regarding Planning Zone Prematurity
The appeal was granted because the building freeze under this article was deemed sufficient to protect the planning objectives until the new zoning plan was approved.
90.2018.24 · ti (art. 63 LST)
Property Owners v. Municipality (Premature Planning Zone)
The appeal was granted because the building freeze ('blocco edilizio') under this article was deemed sufficient to safeguard planning expectations until the Cantonal Council rules on the overall revision.
90.2018.25 · ti (art. 63 LST)
Property Owner v. Municipality on Planning Zone Validity
The appeal was granted because the existing building freeze measure based on this article was deemed sufficient to protect planning objectives during the time the review was pending.
90.2018.26 · ti (Art. 63 LST)
Property Owners v. Municipality Regarding Planning Zone Prematurity
The court used this provision to establish that the building freeze already protected the planning intentions, making the zoning measure unnecessary.
90.2016.8 · ti (art. 63 LST)
Property Owner v. Municipality Regarding Planning Zone Validity
Cited in the reasoning (considerand 3.1.1 and 3.1.2) to mention the building freeze as an alternative safeguard measure.
90.2016.8 · ti (art. 63 cpv. 1 LST)
Property Owner v. Municipality Regarding Planning Zone Validity
Cited in the reasoning (considerand 3.1.2) regarding the building freeze provisions after the publication of a plan.
90.2016.8 · ti (art. 63 cpv. 2 LST)
Property Owner v. Municipality Regarding Planning Zone Validity
Cited in the reasoning (considerand 3.1.2) regarding the lapse of the building freeze if the plan is not approved.
52.2021.180 · ti (art. 63 LST)
Estate Owners v. Municipality over Suspended Waste Treatment Permits and Land Use Conflict
The Tribunal confirmed the decision to refer the case back to the Municipality to decree the building freeze, as the PUC-CV had been adopted, legally triggering the building freeze.
90.2018.22 · ti (art. 63 LST)
Property Owner Vindicated Against Premature Planning Zone Due to Existing Building Freeze
The court decided to uphold the appeal because the building freeze (blocco edilizio) under this provision was deemed sufficient to safeguard planning objectives until the canton settles the situation.
90.2018.25 · ti (Art. 63 LST)
Property Owner Challenges Premature Municipal Planning Zone Over Known Building Freeze
The appeal was granted, primarily because the building moratorium ('blocco edilizio') under this provision was deemed sufficient to protect planning objectives until the revised master plan was approved.
90.2018.26 · ti (Art. 63 LST)
Property Owners v. Municipality Regarding Premature Planning Zone for Faido Station Area
The appeal was granted because the existing building block measure provided sufficient protection, which is governed by this article.