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 February 24, 2017, the Plaintiff filed an application with the Defendant for a building permit to construct a livestock raising facility (stockhouse) with a building area of 5,908m2 (hereinafter “instant livestock shed”) on the ground of the land outside B and two lots (hereinafter “instant application site”).
(hereinafter referred to as "the application of this case". (b)
On July 19, 2017, the Defendant rejected the Plaintiff’s above application for reasons as follows.
(hereinafter “instant disposition”). A.
The permission for development activities shall be in harmony with the surrounding environment or landscape, such as the actual conditions of the utilization of surrounding areas, rivers, lakes, marshes, etc., and the new construction of a stable in the C surrounding area designated as a wild protection zone shall not be in harmony with the surrounding area, such as the possibility of damaging the ecosystem by accelerating water pollution, etc.
B. Where malodor is produced in a livestock shed, there is no ground on which malodor can be prevented, so if malodor is produced, it is likely that malodor is damaged to farmers at the time of the agricultural work and the wind is considerably damaged to the sea, and if it is bad to the land, it is likely to directly cause malodor damage to neighboring residents (hereinafter referred to as the "reasons for disposal related to the generation of malodor").
(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. In the case of consignment disposal of livestock excreta, the total quantity of livestock excreta generated at our city can be disposed of at 2,50 tons or at public disposal facilities of livestock excreta at 225 tons (hereinafter “reasons for disposal in relation to impossibility of entrustment”). E.m. (hereinafter “reasons for disposal in relation to impossibility of entrustment”).