Disapplicazione del Regolamento edilizio per travisamento della realtà: la sentenza n. 84 del TRGA di Trento tra sindacato del giudice amministrativo e autonomia locale

NON-APPLICATION OF THE BUILDING REGULATIONS FOR MISREPRESENTATION OF REALITY: SENTENCE NO. 84 OF THE TRGA OF TRENTO. A DECISION BETWEEN ADMINISTRATIVE AND LOCAL LEGISLATION. With sentence no. 84 of 2022, the Regional Court of Administrative Justice of Trento excluded the application of a provision of the municipal administration of Ziano di Fiemme which required the rejection of a building permit application presented by a construction company which intended to demolish and reconstruct a building. The decision is interesting because, by censoring the choices of municipal regulations, it restores reasonableness to a disproportionate rule of law. The non-application of the regulatory provision does not, of course, entail its removal, but it can be a stimulus for the future modification of this legislation