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Regulatory Frameworks
Student No: 130443540
Module: TCP8936
MSc Planning for Developing Countries
Architecture, Planning & Landscape
Newcastle University
23rd
May 2014
SOIL SEALING
MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540
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TABLE OF CONTENTS
1. Introduction………………………………………………………………………………….2
2. The problem………………………………………………………………………………….3
3. The Italian situation…………………………………………………………….………..4
4. The Italian regulatory framework……………………………………………….…6
6. Case study……………………………………………………………………………………..7
7. Lessons to learn: Germany………………………………………………………….…9
8. Brief summary…………………………………………………………………………….11
9. References…………………………………………………………………………………..12
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1 INTRODUCTION
The soil, according to the definition proposed by the Soil and Water Conservation Society of
America (1986) is “a natural body consisting of mineral and organic particles that forms from the
physical and physiochemical alteration of the rock and the biological and biochemical
transformation of organic residues.” An internal atmosphere, specific flora and fauna and a
particular economy and water characterise soils, which represent the means of dynamic
interaction between atmosphere, lithosphere, hydrosphere and biosphere (Hill et al., 2000).
The soil is a complex system that provides core and vital functionalities to ecosystems (Haygarth
and Ritz, 2009; Munafò et al., 2010). Among its various biological functionalities, the most
important ones are the maintenance and growth of biodiversity, the absorption and regulation
of the water cycle, the supply of nutrients to ecosystems, filtering water and air and managing
their exchanges (Nannipieri et al., 2003). In a nutshell, soil determines the natural balance of the
planet and its entire living species (Doran & Zeiss, 2000; Doran et al., 1996).
When soil is damaged, or its functionalities are compromised, this balance is lost, leading to
disastrous environmental consequences, which nowadays would be heavily reflected human
societies (Olarieta et al., 2008). A compromised soil loses, in whole or in part, the features that
make it so vital to ecosystems and human life itself. The most evident effects of soil alteration,
which directly affect everyday life, are biodiversity loss and the exponential increase of
hydrogeological risk, such as floods and landslides (Olarieta et al., 2008).
Soil formation is a long process that lasts for geological eras, and is therefore considered a non-
renewable resource. On the other hand, the degradation and alteration of soil can be a rather
fast and rapid process (Johnson and Lewis, 2007) and this is the reason why soil should be used
and managed in a sustainable way, trying not to compromise its functionalities.
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2 THE PROBLEM
The incredible development of the urbanisation
process has led 52.5% of the world's population
to live in urban areas (World Bank, 2012).
Originally, the growth of cities was related only to
the growth of the urban population (Davis, 1965).
On the contrary, nowadays in Europe, where
population growth is around 0.21% (CIA, 2013),
urbanisation is out of control and is driven by the
quest for “welfare” rather than need (Gibelli &
Salzano, 2006). From 1950 to the present day,
cities in Europe have experienced a growth of
78% compared with an increase of the population
that barely reaches 33% in total.
A severe problem arising from urbanisation is known as soil sealing, described by the European
Commission (2011) as “the coverage of the soil with sealing materials such as concrete, metal,
glass, asphalt, plastic in a way that inhibits the ecological functionality of the soil”, resulting in an
irreversible loss of the biological characteristics of the soil and a loss of soil itself. Soil sealing is
the primary cause of soil loss in Europe, especially agricultural land, where sealed soil accounts
for 9% of land in the entire continent, and is internationally considered as the main cause of
biodiversity loss (Cannon and Horton, 2009; Zhang et al., 2007).
Despite the severity of the problem, soil sealing is often not perceived as such by the population,
because it manifests itself in the “form of a silent degradation” (Salvati et al., 2012; Munafò et
al., 2013). Besides altering in a permanent way the vitality of natural ecosystems, soil sealing
irreversibly changes the features of the land (Johnson, 2001; Genske, 2003; Hough, 2004; Couch
et al., 2007). It creates a barrier between soil, air and water, interfering with the ecosystem’s
functions:
 Prevents groundwater recharge
 Increases the risk of flooding
 Reduces the absorption capacity of carbon (carbon sink), thus the ability to contain
climatic changes
 Destroys and fragments habitats, with a resulting collapse of biodiversity
Soil sealing is generally an irreversible process and, in any case, unsealing processes are
excessively expensive and do not guarantee success (Andreatta, 2012).
52.5%
47.5%
Urban Population
Rural Population
Figure 1. WORLD POPULATION
Source: World Bank, 2012.
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3 THE ITALIAN SITUATION
Italy is the largest producer of concrete and the first soil-sealer in Europe. In the fifteen years
between 1990 and 2005, in Italy more than 3 million hectares of soil were covered with concrete
and 2 million of these were fertile agricultural land (Agapito et. Al, 2009).
Urbanisation per capita in Italy is approximately 230 square meters per inhabitant, which varies
from 120 square meters per inhabitant in Basilicata, to more than 400 square meters per
inhabitant in Friuli-Venezia Giulia (Agapito et al., 2009). Over 10% of the territory is urbanised in
20% of Italy’s Municipalities. There are about 500 Municipalities where over 15% of their territory
is sealed and around 100 municipalities have been able to urbanise more than 50% of their
territories. For example, the Molise region, one of the smallest in Italy, has increased its
urbanised territory by 500% over the past 50 years (Agapito et al., 2009). On the other hand, Italy
is the first country in Europe for availability of housing: there are about 27 million housing unit,
of which 20% are unoccupied, nevertheless the construction industry keeps building more and
more (Agapito et al., 2009). All this in the name of economic theories, according to which “if it is
not built there is no economic progress.”
Soil sealing is amplified by an increasing urban sprawl, which is characterised by a low-density
urban expansion that tends to occupy horizontally vast shares of territory, thus increasing the
amount of urban areas that may undergo sealing processes (Barberis et al., 2006)
As pointed out by the European Union, one of the main factors of degradation and reduction of
biodiversity is represented by the fragmentation, degradation and destruction of habitats caused
by changes in land use due to increased edification (European Commission, 2011).
Figure 2. Soil sealing at Municipality level in Northern Italy. Source: ISPRA 2011, based on Copernicus data.
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Soil sealing in Italy reached 7.8% of the national territory, which compared to the European
average of 4.6%, is an alarming number (ISTAT, 2013).
Figure 3. Percentage of sealed soil in Europe. Source: ISTAT 2013.
The scale of this growing phenomenon can be clearly understood by looking at the statistics of
some Italian cities: in the new province of Monza, over 50% of the soil has been covered by
concrete; in that of Naples, 43.2% and in Milan, 37.1% (ISTAT, 2011).
Between 2001 and 2011, the consumption of
soil increased by 8.8%, compared with an
increase of 4.7% of the resident population,
almost all immigrants (ISTAT, 2013). As if in ten
years, a territory equal to the province of
Milan had been completely saturated by
buildings at the average daily rate of 45
hectares. Average because in recent years the
pace has reached peaks of 161 hectares daily
(ISTAT, 2013). Currently 12.9% of Veneto
Region and 12.8% of Lombardy Region are no
longer natural (ISTAT, 2011). In the South, the
increase was 10.2%, compared with 8.7% of
the Northwest and 7.8% in the Northeast
(ISTAT, 2011).
At this rate, the gap between the urbanisation of North and South - though still relevant with
9.2% in the Northwest against 4.7% in the whole South - will soon be filled. Especially in certain
areas of Campania Region, such as the province of Caserta, where the spatial extent covered by
concrete has increased by 18.4% (ISTAT, 2012).
13,4
12,2
11,9
7,7 7,1 6,5
5,3 5,2 5,1
4 3,9 3,9 3,6 3,2
1,6 1,5
7,8
4,6
0
2
4
6
8
10
12
14
16
Figure 4. Increase of soil consumption, 2001-2011 (percentage).
Source: ISTAT 2013.
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4 THE ITALIAN REGULATORY FRAMEWORK
Italy has a set of laws concerning the protection of the environment that can be considered
enviable worldwide. Overall, it comes to complete and strict set of regulations, with appropriate
bodies with the purpose of protection, called “soprintendenze” (super-intendancies) (Gerofilini,
2012). However, the system of environmental protection laws is regularly bypassed mainly for
building purposes.
The protection of the territory in Italy finds its roots in Article 9 of the Italian Constitution,
according to which “The Republic [...] safeguards the natural landscape and the historical and
artistic heritage of the Nation.” This dictate underpins the whole body of laws and regulations
relating to the protection of the landscape and the territory.
The foremost national regulatory text, on which environmental protection has been based, is the
Legislative Decree of 29 October 1999 n. 490 "Consolidated laws in the field of cultural and
environmental heritage" (Title II, Heritage landscape and environment), which was supported by
Regulation 3 June 1940 n. 1357 for the application of the law on the protection of natural beauty.
The Leg. 490/99 has been created in order to gather in a single text the regulatory requirements
that were spread all over through several different policies, and mainly:
• Law of 29 June 1939 no. 1497 "Protection of natural beauty and panoramic views"
• Law of 8 August 1985 n. 431/1985 (known as "Galasso Act"), which supports and
completed the Law n.1497/39 without replacing it.
In 2004, the Government implemented a new legislation code, called the "Urbani Code"
regarding cultural heritage and landscape, which appears to be as a direct implementation of
Article 9 of the Italian Constitution. This new code revokes and replaces completely the
Legislative Decree n. 490/1999, putting an order to the complex subject related to environmental
protection by providing a new united text (Campanelli, 2004).
This is the only significant policy that addresses the soil-sealing problem in Italy. It requires the
preparation and implementation of regional landscape plans for each Italian Region; once the
regional landscape plan is approved, the policy can prevent uncontrolled soil sealing (Campanelli,
2004). The problem with this policy is that many Italian Regions fail to prepare and thus
implement these plans for several reasons (Settis, 2010).
Since Italy has invested a great deal in the estate market, local authorities are subjected to strong
pressures from the construction sector, which pushes to continue to have the opportunity to
build up where they most prefer, under the guise of creating job opportunities (Barberis, 2005).
In addition to this, the unemployed population is pushing for the creation of new employment,
so the local authorities are forced to defer the environmental problems in favour of more
pressing problems.
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Specifically, many Municipalities are without funds because of the Stability Pact (2011), which
imposes strong and unfair limits on Municipalities’ spending, so it goes against their economic
interest to block the most profitable industry, and consequently environmental protection
objectives fade into the background (Settis, 2010).
On the one hand, each Region requires by law that all their Municipalities equip themselves with
a General Master Plan consistent with the regional Spatial Plan, in order to regulate and control
their own spatial developments through zoning and land use. On the other hand, this
requirement is considered as a guideline only and it is often not followed and even ignored
completely, as it lacks ways of enforcement (Campanelli, 2004). Therefore, it is evident that the
problem lies in both lack of enforcement and lack of updated tools.
One of the possible – if not the only – solutions to this problem is the implementation of policies
and laws that prevent the construction of new buildings without previous implementation of the
General Master Plans (Rizzo et al., 2012).
5 CASE STUDY
Italy is one of the most affected nations by hydrogeological risk, involving 82% of the
Municipalities (Legambiente, 2011). The dimensions of the phenomenon can be clearly
understood taking an overview of some of the events that have affected the Italian area: 5,400
floods and 11,000 landslides in the past 80 years, 70,000 people involved and 30,000 billion in
damages in the last 20 years (ISPRA, 2011).
«Italy collapses. Now everyone is talking about hydrogeological risk
and care of the territory. Tomorrow, however, everyone will return to
idolise the crane and to run the concrete mixer.
(Domenico Finiguerra)
Figure 5. Genoa Province. Google Maps Sky View 2014)
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The Liguria Region, situated in the north-west of Italy, gives an emblematic example of the soil
sealing effects in Italy. The Liguria Region is one of Italy’s hot spots for flooding risk (99% of urban
areas) and an improper land use can have dramatic consequences (Legambiente, 2011). This has
never been considered in the past and it is barely considered now. In fact, in the 70s, uncontrolled
building started in Genoa, the capital city of the Liguria Region, and has not stopped since then,
spreading throughout all Liguria’s main cities (Travisi et al., 2010). Specifically, huge amounts of
the spreading urban areas have been sealed, particularly without considering plans for the
management of storm water. The current scenario is a platform of concrete and asphalt all over
Liguria’s urban cities, where the soil is incapable to perform its natural functions, leading to an
almost total disappearance of natural measures able to prevent or contain flooding, which
constantly affects the area (Travisi et al., 2010). In the Liguria Region and especially in the city of
Genoa, flooding is extremely dangerous and brings devastating consequences to the whole
environment and to the local population.
Despite all the experienced flooding,
especially the most recent ones of 2013
and 2011, where several people died and
severe damages were made to the built
environment, the Municipality of Genoa
still continues to allow heavy urban sprawl
and its subsequent soil sealing
(Legambiente, 2011 & 2013). Many have
been the initiatives to prevent this
attitude, but for a reason or another the
proposed policies and the guidelines set at
Regional level are yet to be approved and
there are still many difficulties and
impediments to their implementation
(Legambiente, 2013). In fact, around 51%
of the initiatives to mitigate the
hydrological risks are considered to be
negative and not sufficient (Legambiente,
2013).
Furthermore, the Municipality of Genoa,
together with other cities, are focusing on increasing the built environment on non-urban areas
in the name of economic development, withstanding the current economic crisis afflicting the
country (Legambiente, 2011), because, when facing economic difficulties and a very high need of
employment, giving priority to environmental protection is the last thing they think about.
Therefore, until the introduction of a policy that enforces the compliance with the requirement
to implement the General Master Plan, no positive progress will be achieved in cities like Genoa.
Figure 6. Genoa flooding.
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6 LESSONS TO LEARN: GERMANY
Almost 86% of Germany’s territory is now urbanised,and more than half of it (52%) is sealed (EEA,
2006), accounting for 7.7% of the whole nation’s territory. This is why soil sealing in Germany is
a severe problem (Wessolek, 2008). Nevertheless, the German Government has always been
active towards addressing this issue (German Federal Government, 2008).
Germany has been one of the leading nations in terms of sustainable development and has been
one of the firsts to focus on soil consumption, addressing the issue in its political agenda (FAI,
2012). The Federal Government has be active in this sense since the implementation of a Strategy
for soil protection in 1985, which aimed to limit soil consumption (FEA, 2003). Ever since, the
strategy has been revised, updated and strengthened in order to achieve its target (GIUA1
, 2010).
To prevent the spreading of soil sealing, Germany implemented several approaches amongst
which two in particular could be very useful and inspiring for the Italian situation (WWF & FAI,
2012).
Since 1998, Germany started using fiscal instruments in order to discourage the occupation of
free (non-urban) areas and to encourage the redevelopment of already urbanised land, for
example by providing a different property tax depending on whether or not the development
was carried out on already urbanised areas (GIUA1
, 2010). These financial instruments focus on
incentives for the densification of cities, for the re-use of degraded areas and the use of
construction methods that reduce the impact on the environment (GIUA1
, 2010). To this, the
Federal Government has also added a series of measures to improve the attractiveness of urban
centres, such as providing funding for the restoration of buildings in a state of abandonment or
deterioration (GIUA1
, 2010).
This approach has the potential to be strongly effective in Italy. The Italian regulatory framework
related to environment protection and conservation is fairly robust and comprehensive, though
it lacks enforcement methods (WWF & FAI, 2012). It is also renowned that in Italy the main driver
that triggers decisions is the perspective to pay less, especially taxes.
Figure 7. German cities
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A financial reform in this sense could be a powerful catalyst to trigger the enforcement of
sustainability and environmental policies: few developers would want to build on free land if this
implies paying overall more taxes compared to the amount of taxes to pay for the redevelopment
of urbanised areas. This strategy could also work according to the fact that, in Italy, there are
many empty buildings that could be restored and also a lot of urban land that is currently not
used for any purpose. Italy needs a law that enforces the reutilisation of urbanised land rather
that free land and this can only be a financial one.
Furthermore, where the usage of free land is inevitable, the German Government implemented
a policy which enforces land compensation,meaning that for each free land that will be urbanised,
the developers must intervene on other compromised lands with un-sealing or naturalisation
interventions, such as planting new green (FEA, 2003). However, if the developers are not able
to do so with their own resources, they will have to pay an additional tax to the Government in
order to enable public bodies to deal with the compensation process (FEA, 2003).
This is another useful policy that could be transferred into the Italian system, perhaps with some
revised details, in order to avoid the nullification of its purpose, by workarounds policies.
To ensure a successful implementation, Germany, together with the European Union,
emphasises on the importance of establishing targets for the reduction of soil consumption at all
levels of government, in order to create a system that covers the entire national territory (German
Federal Government, 2008).
Finally yet importantly, a fundamental feature of soil consumption policies is to be shared by all
political groups, in order to maintain consistency throughout the succession of governments
(German Federal Government, 2008).
Figure 8.. Dresden, Saxony Region, Germany
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Dresden, capital city of the Saxony Region in Germany, is one of the best examples of good
practices against soil sealing and urban sprawl (European Commission, 2011). In fact, Dresden
implemented several policies to address the sealing problem, in accordance with the Overview
of best practices for limiting soil sealing or mitigating its effects in EU-27 that highlights a three-
tiered approach to address the issue:
 “Limiting the progression of soil sealing with improved spatial planning or by
reconsidering negative subsidies that indirectly encourage soil sealing.
 Mitigation actions to reduce damage when soil sealing can not be avoided. These include
using permeable surfaces instead of conventional asphalt or cement and building green
roofs.
 Compensation measures to partially offset soil losses in one area by measures taken
somewhere else.”
Dresden focuses on limitation and compensation by enforcing limits to urban development and
requiring “new construction projects on non-urban land to offset related soil sealing with
unsealing or greening measures in other parts of the city” (IASS, 2013).
7 BRIEF SUMMARY
It has been shown that, overall, the Italian legislation related to environmental protection, and
particularly land use management aimed to a better use of the land and to contain soil sealing,
is quite rich. What lacks is a strong enforcement policy and the willingness to change direction in
the management of the territory, towards a more sustainable and environmentally friendly
future. This could be achieved through a firm financial reform targeted to address issues of soil
consumption and urban sprawl, and also from seeking support and advice at international level.
Figure 9. Dresden, Saxony Region, Germany
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8 REFERENCES
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IMAGES
1. http://www.plantday.it/wp-content/uploads/2013/04/il-suolo-che-vive.jpg
2. http://images.vanityfair.it/Storage/Assets/Crops/280224/8/91961/genova-alluvione_650x435.jpg
3. https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcTky-
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4. http://www.ilsussidiario.net/img/ANSA3/liguria_R400.jpg
5. http://fr.wallpaperswiki.org/wp-content/uploads/2012/10/Berlin.jpg
6. http://www.holidaygermany.com/wp-content/uploads/2012/07/Holiday-Germany-German-Cities-worth-
a-Visit.jpg
7. http://www.dresden.de/media/bilder/dtg/sightseeing/altstadt/20090609_588_dresden_silhouette_som
mer_sd.jpg
8. https://www.dresden.de/media/bilder/dtg/freizeit/20100616_588_kunstakademie1_elbe_rg2.jpg

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Soil sealing

  • 1. Regulatory Frameworks Student No: 130443540 Module: TCP8936 MSc Planning for Developing Countries Architecture, Planning & Landscape Newcastle University 23rd May 2014 SOIL SEALING
  • 2. MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540 1 | P a g e TABLE OF CONTENTS 1. Introduction………………………………………………………………………………….2 2. The problem………………………………………………………………………………….3 3. The Italian situation…………………………………………………………….………..4 4. The Italian regulatory framework……………………………………………….…6 6. Case study……………………………………………………………………………………..7 7. Lessons to learn: Germany………………………………………………………….…9 8. Brief summary…………………………………………………………………………….11 9. References…………………………………………………………………………………..12
  • 3. MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540 2 | P a g e 1 INTRODUCTION The soil, according to the definition proposed by the Soil and Water Conservation Society of America (1986) is “a natural body consisting of mineral and organic particles that forms from the physical and physiochemical alteration of the rock and the biological and biochemical transformation of organic residues.” An internal atmosphere, specific flora and fauna and a particular economy and water characterise soils, which represent the means of dynamic interaction between atmosphere, lithosphere, hydrosphere and biosphere (Hill et al., 2000). The soil is a complex system that provides core and vital functionalities to ecosystems (Haygarth and Ritz, 2009; Munafò et al., 2010). Among its various biological functionalities, the most important ones are the maintenance and growth of biodiversity, the absorption and regulation of the water cycle, the supply of nutrients to ecosystems, filtering water and air and managing their exchanges (Nannipieri et al., 2003). In a nutshell, soil determines the natural balance of the planet and its entire living species (Doran & Zeiss, 2000; Doran et al., 1996). When soil is damaged, or its functionalities are compromised, this balance is lost, leading to disastrous environmental consequences, which nowadays would be heavily reflected human societies (Olarieta et al., 2008). A compromised soil loses, in whole or in part, the features that make it so vital to ecosystems and human life itself. The most evident effects of soil alteration, which directly affect everyday life, are biodiversity loss and the exponential increase of hydrogeological risk, such as floods and landslides (Olarieta et al., 2008). Soil formation is a long process that lasts for geological eras, and is therefore considered a non- renewable resource. On the other hand, the degradation and alteration of soil can be a rather fast and rapid process (Johnson and Lewis, 2007) and this is the reason why soil should be used and managed in a sustainable way, trying not to compromise its functionalities.
  • 4. MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540 3 | P a g e 2 THE PROBLEM The incredible development of the urbanisation process has led 52.5% of the world's population to live in urban areas (World Bank, 2012). Originally, the growth of cities was related only to the growth of the urban population (Davis, 1965). On the contrary, nowadays in Europe, where population growth is around 0.21% (CIA, 2013), urbanisation is out of control and is driven by the quest for “welfare” rather than need (Gibelli & Salzano, 2006). From 1950 to the present day, cities in Europe have experienced a growth of 78% compared with an increase of the population that barely reaches 33% in total. A severe problem arising from urbanisation is known as soil sealing, described by the European Commission (2011) as “the coverage of the soil with sealing materials such as concrete, metal, glass, asphalt, plastic in a way that inhibits the ecological functionality of the soil”, resulting in an irreversible loss of the biological characteristics of the soil and a loss of soil itself. Soil sealing is the primary cause of soil loss in Europe, especially agricultural land, where sealed soil accounts for 9% of land in the entire continent, and is internationally considered as the main cause of biodiversity loss (Cannon and Horton, 2009; Zhang et al., 2007). Despite the severity of the problem, soil sealing is often not perceived as such by the population, because it manifests itself in the “form of a silent degradation” (Salvati et al., 2012; Munafò et al., 2013). Besides altering in a permanent way the vitality of natural ecosystems, soil sealing irreversibly changes the features of the land (Johnson, 2001; Genske, 2003; Hough, 2004; Couch et al., 2007). It creates a barrier between soil, air and water, interfering with the ecosystem’s functions:  Prevents groundwater recharge  Increases the risk of flooding  Reduces the absorption capacity of carbon (carbon sink), thus the ability to contain climatic changes  Destroys and fragments habitats, with a resulting collapse of biodiversity Soil sealing is generally an irreversible process and, in any case, unsealing processes are excessively expensive and do not guarantee success (Andreatta, 2012). 52.5% 47.5% Urban Population Rural Population Figure 1. WORLD POPULATION Source: World Bank, 2012.
  • 5. MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540 4 | P a g e 3 THE ITALIAN SITUATION Italy is the largest producer of concrete and the first soil-sealer in Europe. In the fifteen years between 1990 and 2005, in Italy more than 3 million hectares of soil were covered with concrete and 2 million of these were fertile agricultural land (Agapito et. Al, 2009). Urbanisation per capita in Italy is approximately 230 square meters per inhabitant, which varies from 120 square meters per inhabitant in Basilicata, to more than 400 square meters per inhabitant in Friuli-Venezia Giulia (Agapito et al., 2009). Over 10% of the territory is urbanised in 20% of Italy’s Municipalities. There are about 500 Municipalities where over 15% of their territory is sealed and around 100 municipalities have been able to urbanise more than 50% of their territories. For example, the Molise region, one of the smallest in Italy, has increased its urbanised territory by 500% over the past 50 years (Agapito et al., 2009). On the other hand, Italy is the first country in Europe for availability of housing: there are about 27 million housing unit, of which 20% are unoccupied, nevertheless the construction industry keeps building more and more (Agapito et al., 2009). All this in the name of economic theories, according to which “if it is not built there is no economic progress.” Soil sealing is amplified by an increasing urban sprawl, which is characterised by a low-density urban expansion that tends to occupy horizontally vast shares of territory, thus increasing the amount of urban areas that may undergo sealing processes (Barberis et al., 2006) As pointed out by the European Union, one of the main factors of degradation and reduction of biodiversity is represented by the fragmentation, degradation and destruction of habitats caused by changes in land use due to increased edification (European Commission, 2011). Figure 2. Soil sealing at Municipality level in Northern Italy. Source: ISPRA 2011, based on Copernicus data.
  • 6. MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540 5 | P a g e Soil sealing in Italy reached 7.8% of the national territory, which compared to the European average of 4.6%, is an alarming number (ISTAT, 2013). Figure 3. Percentage of sealed soil in Europe. Source: ISTAT 2013. The scale of this growing phenomenon can be clearly understood by looking at the statistics of some Italian cities: in the new province of Monza, over 50% of the soil has been covered by concrete; in that of Naples, 43.2% and in Milan, 37.1% (ISTAT, 2011). Between 2001 and 2011, the consumption of soil increased by 8.8%, compared with an increase of 4.7% of the resident population, almost all immigrants (ISTAT, 2013). As if in ten years, a territory equal to the province of Milan had been completely saturated by buildings at the average daily rate of 45 hectares. Average because in recent years the pace has reached peaks of 161 hectares daily (ISTAT, 2013). Currently 12.9% of Veneto Region and 12.8% of Lombardy Region are no longer natural (ISTAT, 2011). In the South, the increase was 10.2%, compared with 8.7% of the Northwest and 7.8% in the Northeast (ISTAT, 2011). At this rate, the gap between the urbanisation of North and South - though still relevant with 9.2% in the Northwest against 4.7% in the whole South - will soon be filled. Especially in certain areas of Campania Region, such as the province of Caserta, where the spatial extent covered by concrete has increased by 18.4% (ISTAT, 2012). 13,4 12,2 11,9 7,7 7,1 6,5 5,3 5,2 5,1 4 3,9 3,9 3,6 3,2 1,6 1,5 7,8 4,6 0 2 4 6 8 10 12 14 16 Figure 4. Increase of soil consumption, 2001-2011 (percentage). Source: ISTAT 2013.
  • 7. MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540 6 | P a g e 4 THE ITALIAN REGULATORY FRAMEWORK Italy has a set of laws concerning the protection of the environment that can be considered enviable worldwide. Overall, it comes to complete and strict set of regulations, with appropriate bodies with the purpose of protection, called “soprintendenze” (super-intendancies) (Gerofilini, 2012). However, the system of environmental protection laws is regularly bypassed mainly for building purposes. The protection of the territory in Italy finds its roots in Article 9 of the Italian Constitution, according to which “The Republic [...] safeguards the natural landscape and the historical and artistic heritage of the Nation.” This dictate underpins the whole body of laws and regulations relating to the protection of the landscape and the territory. The foremost national regulatory text, on which environmental protection has been based, is the Legislative Decree of 29 October 1999 n. 490 "Consolidated laws in the field of cultural and environmental heritage" (Title II, Heritage landscape and environment), which was supported by Regulation 3 June 1940 n. 1357 for the application of the law on the protection of natural beauty. The Leg. 490/99 has been created in order to gather in a single text the regulatory requirements that were spread all over through several different policies, and mainly: • Law of 29 June 1939 no. 1497 "Protection of natural beauty and panoramic views" • Law of 8 August 1985 n. 431/1985 (known as "Galasso Act"), which supports and completed the Law n.1497/39 without replacing it. In 2004, the Government implemented a new legislation code, called the "Urbani Code" regarding cultural heritage and landscape, which appears to be as a direct implementation of Article 9 of the Italian Constitution. This new code revokes and replaces completely the Legislative Decree n. 490/1999, putting an order to the complex subject related to environmental protection by providing a new united text (Campanelli, 2004). This is the only significant policy that addresses the soil-sealing problem in Italy. It requires the preparation and implementation of regional landscape plans for each Italian Region; once the regional landscape plan is approved, the policy can prevent uncontrolled soil sealing (Campanelli, 2004). The problem with this policy is that many Italian Regions fail to prepare and thus implement these plans for several reasons (Settis, 2010). Since Italy has invested a great deal in the estate market, local authorities are subjected to strong pressures from the construction sector, which pushes to continue to have the opportunity to build up where they most prefer, under the guise of creating job opportunities (Barberis, 2005). In addition to this, the unemployed population is pushing for the creation of new employment, so the local authorities are forced to defer the environmental problems in favour of more pressing problems.
  • 8. MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540 7 | P a g e Specifically, many Municipalities are without funds because of the Stability Pact (2011), which imposes strong and unfair limits on Municipalities’ spending, so it goes against their economic interest to block the most profitable industry, and consequently environmental protection objectives fade into the background (Settis, 2010). On the one hand, each Region requires by law that all their Municipalities equip themselves with a General Master Plan consistent with the regional Spatial Plan, in order to regulate and control their own spatial developments through zoning and land use. On the other hand, this requirement is considered as a guideline only and it is often not followed and even ignored completely, as it lacks ways of enforcement (Campanelli, 2004). Therefore, it is evident that the problem lies in both lack of enforcement and lack of updated tools. One of the possible – if not the only – solutions to this problem is the implementation of policies and laws that prevent the construction of new buildings without previous implementation of the General Master Plans (Rizzo et al., 2012). 5 CASE STUDY Italy is one of the most affected nations by hydrogeological risk, involving 82% of the Municipalities (Legambiente, 2011). The dimensions of the phenomenon can be clearly understood taking an overview of some of the events that have affected the Italian area: 5,400 floods and 11,000 landslides in the past 80 years, 70,000 people involved and 30,000 billion in damages in the last 20 years (ISPRA, 2011). «Italy collapses. Now everyone is talking about hydrogeological risk and care of the territory. Tomorrow, however, everyone will return to idolise the crane and to run the concrete mixer. (Domenico Finiguerra) Figure 5. Genoa Province. Google Maps Sky View 2014)
  • 9. MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540 8 | P a g e The Liguria Region, situated in the north-west of Italy, gives an emblematic example of the soil sealing effects in Italy. The Liguria Region is one of Italy’s hot spots for flooding risk (99% of urban areas) and an improper land use can have dramatic consequences (Legambiente, 2011). This has never been considered in the past and it is barely considered now. In fact, in the 70s, uncontrolled building started in Genoa, the capital city of the Liguria Region, and has not stopped since then, spreading throughout all Liguria’s main cities (Travisi et al., 2010). Specifically, huge amounts of the spreading urban areas have been sealed, particularly without considering plans for the management of storm water. The current scenario is a platform of concrete and asphalt all over Liguria’s urban cities, where the soil is incapable to perform its natural functions, leading to an almost total disappearance of natural measures able to prevent or contain flooding, which constantly affects the area (Travisi et al., 2010). In the Liguria Region and especially in the city of Genoa, flooding is extremely dangerous and brings devastating consequences to the whole environment and to the local population. Despite all the experienced flooding, especially the most recent ones of 2013 and 2011, where several people died and severe damages were made to the built environment, the Municipality of Genoa still continues to allow heavy urban sprawl and its subsequent soil sealing (Legambiente, 2011 & 2013). Many have been the initiatives to prevent this attitude, but for a reason or another the proposed policies and the guidelines set at Regional level are yet to be approved and there are still many difficulties and impediments to their implementation (Legambiente, 2013). In fact, around 51% of the initiatives to mitigate the hydrological risks are considered to be negative and not sufficient (Legambiente, 2013). Furthermore, the Municipality of Genoa, together with other cities, are focusing on increasing the built environment on non-urban areas in the name of economic development, withstanding the current economic crisis afflicting the country (Legambiente, 2011), because, when facing economic difficulties and a very high need of employment, giving priority to environmental protection is the last thing they think about. Therefore, until the introduction of a policy that enforces the compliance with the requirement to implement the General Master Plan, no positive progress will be achieved in cities like Genoa. Figure 6. Genoa flooding.
  • 10. MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540 9 | P a g e 6 LESSONS TO LEARN: GERMANY Almost 86% of Germany’s territory is now urbanised,and more than half of it (52%) is sealed (EEA, 2006), accounting for 7.7% of the whole nation’s territory. This is why soil sealing in Germany is a severe problem (Wessolek, 2008). Nevertheless, the German Government has always been active towards addressing this issue (German Federal Government, 2008). Germany has been one of the leading nations in terms of sustainable development and has been one of the firsts to focus on soil consumption, addressing the issue in its political agenda (FAI, 2012). The Federal Government has be active in this sense since the implementation of a Strategy for soil protection in 1985, which aimed to limit soil consumption (FEA, 2003). Ever since, the strategy has been revised, updated and strengthened in order to achieve its target (GIUA1 , 2010). To prevent the spreading of soil sealing, Germany implemented several approaches amongst which two in particular could be very useful and inspiring for the Italian situation (WWF & FAI, 2012). Since 1998, Germany started using fiscal instruments in order to discourage the occupation of free (non-urban) areas and to encourage the redevelopment of already urbanised land, for example by providing a different property tax depending on whether or not the development was carried out on already urbanised areas (GIUA1 , 2010). These financial instruments focus on incentives for the densification of cities, for the re-use of degraded areas and the use of construction methods that reduce the impact on the environment (GIUA1 , 2010). To this, the Federal Government has also added a series of measures to improve the attractiveness of urban centres, such as providing funding for the restoration of buildings in a state of abandonment or deterioration (GIUA1 , 2010). This approach has the potential to be strongly effective in Italy. The Italian regulatory framework related to environment protection and conservation is fairly robust and comprehensive, though it lacks enforcement methods (WWF & FAI, 2012). It is also renowned that in Italy the main driver that triggers decisions is the perspective to pay less, especially taxes. Figure 7. German cities
  • 11. MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540 10 | P a g e A financial reform in this sense could be a powerful catalyst to trigger the enforcement of sustainability and environmental policies: few developers would want to build on free land if this implies paying overall more taxes compared to the amount of taxes to pay for the redevelopment of urbanised areas. This strategy could also work according to the fact that, in Italy, there are many empty buildings that could be restored and also a lot of urban land that is currently not used for any purpose. Italy needs a law that enforces the reutilisation of urbanised land rather that free land and this can only be a financial one. Furthermore, where the usage of free land is inevitable, the German Government implemented a policy which enforces land compensation,meaning that for each free land that will be urbanised, the developers must intervene on other compromised lands with un-sealing or naturalisation interventions, such as planting new green (FEA, 2003). However, if the developers are not able to do so with their own resources, they will have to pay an additional tax to the Government in order to enable public bodies to deal with the compensation process (FEA, 2003). This is another useful policy that could be transferred into the Italian system, perhaps with some revised details, in order to avoid the nullification of its purpose, by workarounds policies. To ensure a successful implementation, Germany, together with the European Union, emphasises on the importance of establishing targets for the reduction of soil consumption at all levels of government, in order to create a system that covers the entire national territory (German Federal Government, 2008). Finally yet importantly, a fundamental feature of soil consumption policies is to be shared by all political groups, in order to maintain consistency throughout the succession of governments (German Federal Government, 2008). Figure 8.. Dresden, Saxony Region, Germany
  • 12. MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540 11 | P a g e Dresden, capital city of the Saxony Region in Germany, is one of the best examples of good practices against soil sealing and urban sprawl (European Commission, 2011). In fact, Dresden implemented several policies to address the sealing problem, in accordance with the Overview of best practices for limiting soil sealing or mitigating its effects in EU-27 that highlights a three- tiered approach to address the issue:  “Limiting the progression of soil sealing with improved spatial planning or by reconsidering negative subsidies that indirectly encourage soil sealing.  Mitigation actions to reduce damage when soil sealing can not be avoided. These include using permeable surfaces instead of conventional asphalt or cement and building green roofs.  Compensation measures to partially offset soil losses in one area by measures taken somewhere else.” Dresden focuses on limitation and compensation by enforcing limits to urban development and requiring “new construction projects on non-urban land to offset related soil sealing with unsealing or greening measures in other parts of the city” (IASS, 2013). 7 BRIEF SUMMARY It has been shown that, overall, the Italian legislation related to environmental protection, and particularly land use management aimed to a better use of the land and to contain soil sealing, is quite rich. What lacks is a strong enforcement policy and the willingness to change direction in the management of the territory, towards a more sustainable and environmentally friendly future. This could be achieved through a firm financial reform targeted to address issues of soil consumption and urban sprawl, and also from seeking support and advice at international level. Figure 9. Dresden, Saxony Region, Germany
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  • 15. MODULE: TCP8936 Soil Sealing STUDENT NO: 130443540 14 | P a g e IMAGES 1. http://www.plantday.it/wp-content/uploads/2013/04/il-suolo-che-vive.jpg 2. http://images.vanityfair.it/Storage/Assets/Crops/280224/8/91961/genova-alluvione_650x435.jpg 3. https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcTky- GLmDOkuLC0tKlMVvmzxTbKTyrioPzoHLXIOcjM9sy7w-8Xhg 4. http://www.ilsussidiario.net/img/ANSA3/liguria_R400.jpg 5. http://fr.wallpaperswiki.org/wp-content/uploads/2012/10/Berlin.jpg 6. http://www.holidaygermany.com/wp-content/uploads/2012/07/Holiday-Germany-German-Cities-worth- a-Visit.jpg 7. http://www.dresden.de/media/bilder/dtg/sightseeing/altstadt/20090609_588_dresden_silhouette_som mer_sd.jpg 8. https://www.dresden.de/media/bilder/dtg/freizeit/20100616_588_kunstakademie1_elbe_rg2.jpg