건축공사중지명령취소
1. The order issued by the Defendant to suspend construction works against the Plaintiff on July 8, 2014 is revoked.
2. Of the costs of lawsuit.
1. Details of the disposition;
A. On March 3, 2014, pursuant to Article 13 of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”), the Plaintiff filed an application with the Defendant for approval of the establishment of a factory for the construction of a new factory on the 469-6 and 8 lots of land in the name of the racing city. Around that time, the Plaintiff filed an application for a construction permit for the construction of a factory facility (factory and dormitory) with a total floor area of 7,286.85 square meters (three stories on the ground) on the said land.
B. Accordingly, the Defendant, upon consultation with the relevant department, requested the Plaintiff to supplement the contents of “a residential area (a Jin apartment) is located in the adjacent site of the application site and there is concerns over the occurrence of noise, and thus, it is likely to establish countermeasures,” and the Plaintiff prepared a “civil petition measure” and submitted it to the Defendant.
Details of consultation on small-scale environmental impact assessment (Evidence 2, B or 3)
Ⅱ If civil petitions arise due to the overall implementation of the project, the project shall be implemented after consultation with the parties concerned sufficiently;
(b) III. A thorough implementation of measures for reducing noise and vibration (vehicle speed limitation, daytime work, etc.) presented to facilities adjacent to the project area for consultations on each item to meet the standards for noise and vibration control, and, if necessary, establish and implement additional measures;
(v) - The purpose of noise control is to apply livestock pens 60dB(A), residential facilities 65dB(A), vibration control targets are to apply livestock pens 57dB(V) and residential facilities 65dB(V). The factory buildings shall be placed on the south side to the maximum extent possible so as to minimize the impact of noise, vibration, malodor, etc. on the residents located on the north side, and to establish and implement measures to cover on the boundary line of the north to reduce landscape impacts.
(c).
The Defendant, on April 28, 2014, approved the construction of a factory pursuant to Article 13(1) of the Industrial Cluster Act, shall comply with the opinion of small-scale environmental impact assessment consultation, comply with the opinion of prior consultation on the examination of factors influencing disasters, and obtain a building permit pursuant to the provisions of Article 11 of the Building Act.