Sustainable Tourism Law

TOURISM AND HERITAGE:THE ROLE OF THE WIDESPREAD HOTEL 147 comparison between the different solutions (in terms of input/output), in order to identify among many choices the one that guarantees the highest number of benefits and the most appropriate allocation of resources. In addition to what has been said, we should add that if it is true (which it is) that mass tourism promotes and spreads the development of the territorial economy, it is also true that mass tourism represents a double-edged sword. Mass tourism, in fact, sometimes has connotations of invasion that may lead to situations of intolerance and distort the quality of life of “locals”, altered by the excessive presence of chaotic accommodation structures. Therefore, it is necessary to avoid completely altering the morphological system and the lifestyle of its inhabitants, transforming formerly pleasant places into distorted environments, thus becoming exposed to the risk of turning into one of the main causes for loss of the predominant characteristics of a centre, which should actually be the primary source of attraction. In this sense, the judgment of the Italian Council of State is exemplary, 2161 of 5 June 2005, that confirms the Veneto TAR judgment, Sect. II, n. 1532/2014, which considered “ it is legitimate to issue a permit to construct a derogation from the realization of a qualifying intervention of a privately owned historic property, in respect of the satisfaction of the prescribed public interest requirements expressed in the recovery of an important historical building; opening the building to the public; in the free use of building parts for cultural activities; in the absence of public financial charges ”. The motivation behind the pronunciation lies in the intensity of injury or rather the “sacrifice” suffered by the planners, as compared with a number of advantages and improvements deriving from a series of public interests directed at the purpose of issuing the title, such as the recovery, usability or accessibility. Considering the above, it can be seen that the tourist enterprise is able to take on the role of the main carrier to enhance the artistic and environmental heritage and to satisfy a series of widespread interests that automatically converge in it. But this is only possible provided that we can start an appropriate path of valorisation of the territorial system. A valorisation path that, far from having a purely theoretical scope, takes on a perspective that combines the purpose and goals of public entities with the needs of the market. The difficulty, however, is precisely the need to succeed in protecting both the value of these goods, which should not be affected when they are re-used (because they belong to the category of “common goods”) and the need to satisfy human rights and freedom.