건축허가신청 불허가처분 취지
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 8, 2017, the Plaintiff filed an application with the Defendant for a building permit to construct a livestock raising facility with a building area of 8,960 square meters (hereinafter “the instant livestock shed”) on the ground of Jin-si B (hereinafter “the instant application site”).
(hereinafter referred to as "the application of this case". (b)
On July 18, 2017, the Defendant rejected the Plaintiff’s above application for reasons as follows.
(hereinafter “instant disposition”). A.
The permission for development activities shall be in harmony with the surrounding environment or landscape, such as the actual conditions of the utilization of surrounding areas, rivers, lakes, marshes, etc., and the new construction of a stable in the C surrounding area designated as a wild protection zone shall not be in harmony with the surrounding area, such as the possibility of damaging the ecosystem by accelerating water pollution, etc.
(b) By discharging water quality standards (BOD 120-150g/L, total nitrogen 250-400g/L, total nitrogen 100g/L) as stipulated in the Act on the Management and Use of Livestock Excreta in excess of water quality standards (BOD 8mg/L, total nitrogen 1.0mg/L, total nitrogen 0.1mg/L below) under the Framework Act on Environmental Policy, there is concern about C water quality deterioration environmental damage (hereinafter referred to as “reasons related to water quality deterioration”) as it discharges in excess of water quality standards under the Framework Act on Environmental Policy.
(c) The application for livestock shed is likely to cause direct malodor damage to nearby residents in the event that there is no ground on which malodor can be prevented at the livestock shed at all due to a wide reclaimed land, so that malodor may be prevented at the livestock shed, and if the wind is considerably damaged to farmers at the time of agricultural works and the wind is cut to land, it is likely to cause direct malodor damage to nearby residents.
(d) The heavy environmental damage is anticipated for livestock excreta treatment facilities, such as livestock manure compost facilities, etc., as non-point pollution sources (hereinafter referred to as the "reasons for disposition related to non-point pollution sources"), which is the standard for permission for development acts;
(e) Rearrangement of Agricultural and Fishing Villages Act;