건축허가신청불허가처분취소
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 May 17, 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 5,267 square meters (hereinafter “the instant livestock shed”) on the land outside B and two lots (hereinafter “the instant application site”) on the ground.
(hereinafter referred to as "the application of this case". (b)
On July 18, 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 C surrounding areas designated as a wild 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) By discharging water quality standards (BOD 120 to 150cm/L, total nitrogen 250 to 400cm/L, total nitrogen 100cm/L) as stipulated in the Act on the Management and Use of Livestock Excreta, it is feared to cause C water pollution damage in excess of the standards for agricultural water under the Framework Act on Environmental Policy (BOD 8mg/L, total nitrogen 1.0mg/L, total nitrogen 0.1mg/L below), even if discharged in excess of the standards for water quality under the Framework Act on Environmental Policy (hereinafter referred to as “reasons for disposal related to water quality deterioration”).
D. The 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 at the livestock shed at a large scale of reclaimed land, so it is highly likely that malodor is damaged to farmers at the time of farming work, and the sea wave is bad to land.