건축허가불허가처분취소
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 December 5, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities and a building permit for the creation of a site, such as animal and plant-related facilities of 765.33 square meters on the ground of B 1,435 square meters (hereinafter “instant land”).
B. On March 19, 2018, the Defendant issued a notice of non-permission for construction (hereinafter “instant disposition”) to the Plaintiff on the grounds as indicated below, following the deliberation by the Jeju City Urban Planning Subcommittee. A.
According to Article 1 of the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act"), this Act aims to promote public welfare and improve the quality of life of the people by prescribing matters necessary for the formulation, implementation, etc. of plans to utilize, develop and preserve the national land.
In addition, according to Article 58 (1) 4 of the National Land Planning and Utilization Act as the basis for permission for development activities, it is necessary to harmonize the surrounding environment or landscape such as the utilization status or land use plan of surrounding areas, height of buildings, gradient of land, status of trees, water drainage, water drainage of rivers, lakes and marshes, drainage of wetlands, etc., and it is appropriate to establish infrastructure according to the relevant development activities or plan for securing sites necessary therefor pursuant to Article 58 (1) 5 of the National Land Planning and Utilization Act.
In addition, Article 59 of the National Land Planning and Utilization Act, Article 57 of the Enforcement Decree of the same Act and Article 29 of the Na City Ordinance on Urban Planning shall be subject to deliberation by the Na City Urban Planning Committee
B. The Plaintiff filed an application for permission to engage in development activities for the purpose of building a site for animal and plant-related facilities (a stable-friendly company) with a thickness, and the Plaintiff is the good farmland located in the radius of 2.6 km from C created for the purpose of relocation by public institutions, which has a large amount of social problems caused by malodor from the present C nearby livestock pens, etc., and our city is about malodor-generating facilities, such as livestock pens located around C.