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. The Plaintiff filed an application for permission to engage in development activities (hereinafter “instant application”) with the Defendant for installation of structures (area 5,838.4m2, area 26,837m2, land division, etc.) to construct solar power infrastructure on the ground (area 5,838m2, area 26,837m2, etc. on the ground, which is a natural environment conservation area (hereinafter “instant application site”).
B. On September 1, 2017, the Gun Planning Committee of the Rocheon-gun reserved the deliberation on the instant application on the grounds of the establishment of countermeasures against natural landscape damage, landslide, and the possibility of natural disasters at the time of the construction of the instant facility. On December 12, 2017, the Plaintiff submitted a plan for the measures for the aforementioned reservation grounds to the Gun Planning Committee of the Rocheon-gun, Daegu-gun Gun Planning Committee.
C. On January 18, 2018, the Gun Planning Committee of the Rocheon-gun rejected the deliberation on the instant application on the grounds that the said action plan submitted by the Plaintiff alone was insufficient to take measures to address issues that may arise from the instant facilities. On January 28, 2018, the Defendant issued a disposition denying the instant application for the following reasons (hereinafter “instant disposition”).
In accordance with Articles 58 and 59 of the National Land Planning and Utilization Act and Articles 57 and 57-2 of the Enforcement Decree of the same Act (Deliberation, etc. by Urban Planning Committee on Development Activities), and attached Table 1-2 (Standards for Permission for Development Activities), guidelines for operating permission for development activities, and guidelines 3-2-4 (Relation with Neighboring Areas), the filing of the instant application for disposition in this case may cause damage to the natural landscape and aesthetic view of the area worthy of conservation in the vicinity C due to the construction of the instant facilities (hereinafter “instant 1 disposition ground”), and as a result of the review of the amnesty stability, there is concern that the construction of the instant facilities may cause harm to the neighboring areas due to insufficient countermeasures such as insufficientness and landslide.