개발행위불허가처분취소
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 12, 2019, the Plaintiff filed an application for permission for development activities (hereinafter “instant application”) with the Defendant on June 12, 2019, in order to newly construct a stable (hereinafter “instant stable”) on land with a total of 4,260 square meters of land (hereinafter “instant application site”).
1) Grounds for Disposition 1) Results of deliberation by the Urban Planning Committee: The National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).
(2) The lower part of the deliberation by the Urban Planning Committee under Article 59 is rejected on the following grounds: (a) concerns over the outflow of livestock excreta to nearby small rivers - concerns over the pollution of water, malodor, and pollution concerns - concerns over the pollution of neighboring rivers - the protection of the clean environment in the downstream area 2) the inappropriate location of the planned area for project is located adjacent to small rivers (F) connected to the E-source protection area, which are connected to the E-Source protection area; (b) livestock wastewater flows into rivers due to disasters, such as livestock pens management, poor management, concentration, etc.; (c) there is a risk of damage in the river and water source protection area if livestock wastewater flows into rivers; and (d) the houses located at the downstream where the natural environment is well preserved and is not connected with the metropolitan water supply system; and (d) there is a risk of damage to the living environment, etc. of neighboring residents if any environmental pollution, such as rivers, underground water pollution, malodor, etc. caused by
On December 24, 2019, after deliberation by the urban planning committee of Chungcheong City, the Defendant rendered a disposition not to grant the instant application (hereinafter “instant disposition”) to the Plaintiff for the following reasons.
[Ground of recognition] Facts without dispute, Gap 1, 2, 8 through 13, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In the event that the Plaintiff’s summary of the Plaintiff’s assertion implements measures to reduce water pollution and malodor, the wastewater or foul waste of the instant livestock shed is likely to flow into a river or cause malodor.