건축허가신청 불허가처분 취소
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 August 9, 2017, the Plaintiff filed an application with the Defendant for a building permit for construction of a livestock raising facility with a building area of 2,438.5 square meters (hereinafter “the instant livestock shed”) on the ground outside B and one parcel (hereinafter “the instant application site”).
(hereinafter referred to as "the application of this case". (b)
On August 29, 2017, the Defendant rejected the Plaintiff’s above application for reasons as follows.
(hereinafter “instant disposition”). A.
The above application area falls under the excellent farmland where agricultural infrastructure created by the reclamation project has been well maintained by inserting a enormous budget. The standards for permission for development acts referred to in 1-A (1) (hereinafter referred to as the “reasons for disposition related to the preservation of good farmland”).
(b) Permission for development activities shall be in harmony with the actual conditions of the utilization of surrounding areas, rivers, lakes, marshes, etc., and the construction of a stable in the vicinity of a wild protection zone, which is designated as a protection zone, shall not be in harmony with the surrounding areas, such as the possibility of damaging the ecosystem by accelerating water pollution, etc.
(c) The permissible discharge level (BOD 50-150g/L) even after discharging livestock excreta in compliance with the criteria for effluent water quality prescribed by the Act on the Management and Use of Livestock Excreta is higher than 8mg/L, which is the environmental standards for lakes and marshes, so risk of environmental damage, such as deterioration of water quality, etc. (hereinafter referred to as “reasons for disposal related to deterioration of water quality”).
(d) The filing of an 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 in a stable with a broad reclaimed land, and thus, the malodor is likely to be damaged to farmers at the time of agricultural works and the wind is bad in the land.
(e) In the event of the outbreak of a contagious animal disease, the disposal of livestock burial shall bury the carcass at the place of outbreak, such as the farm site.