개발행위불허가처분취소
1. The Defendant’s disposition rejecting development activities against the Plaintiff on June 20, 2017 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On January 31, 2017, the Plaintiff obtained permission from the Defendant to operate solar power generation projects (mutual name: C; hereinafter referred to as “instant power generation facilities”) with facility capacity of 99kW, supply voltage of 380 V, and frequency of 60 Hz scale of 1,065 square meters (hereinafter referred to as “the instant application site”).
B. On March 2017, the Plaintiff filed an application with the Defendant for permission to install a structure and to change the form and quality of land in order to create a site for the instant power facility on the ground of the instant application site.
(hereinafter referred to as “instant application”). C.
On June 20, 2017, the Defendant rendered a disposition to refuse development activities to the Plaintiff on the ground that “the structure of power production facilities installed due to development activities is not in harmony with the neighboring building (house), and it is deemed that there is a significant adverse impact on the residential environment of residents by damaging the aesthetic view around the place of application.”
(hereinafter referred to as “instant refusal disposition”). [The grounds for recognition: the fact that there is no dispute over part of the grounds for recognition, and the statement in Gap evidence 1-1, 2, and 9]
2. The gist of the Plaintiff’s assertion is that the surrounding area of the instant application site consists of a rice field and dry field except for industrial facilities, such as a factory, etc.; however, the said housing covers the direction opposite to the instant power facility; the instant application site covers trees-shielded between the instant power facility and the instant application site; noise and electromagnetic waves generated from the instant power facility are insignificant; and where solar power plant is already located in Seosan CityD adjacent to the instant application site; etc., it cannot be deemed that the instant power plant harms the aesthetic view surrounding the application site or adversely affects the residential environment by noise, electromagnetic waves, etc.
In addition, the purpose of the application in this case is to encourage the State as the installation of solar power facilities, and the guidelines being implemented at the time of the disposition.