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(영문) 청주지방법원 2019.08.29 2019구합5453

사업계획 불승인 처분 취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Details of the disposition;

A. On January 9, 2018, Co., Ltd. requested the Defendant to make an advance ruling as to whether it is possible to build a ready-mixed factory on the ground of FMM 8,618 square meters in substantial-gu, Cheongju-si.

In accordance with Articles 56 and 58 of the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act") and Article 57 of the Enforcement Decree of the same Act, permission for development activities (including deliberation by the Urban Planning Committee) shall not cause damage to infrastructure (entry roads, water supply and drainage systems, etc.), the surrounding natural scenery and scenery shall not be damaged, the surrounding natural scenery and scenery shall not be damaged, there shall be no risk of environmental pollution and danger to the surrounding area, and the right to access for the relevant facilities shall be secured.

(b) No matter of conflict. Installation of private sewage treatment facilities under the Wastes Control Act, the Water Quality and Aquatic Ecosystem Conservation Act, the installation of a private sewage treatment facility - The installation of a private sewage treatment facility, etc., solely or jointly, if any, shall be installed;

(v)Report on the installation of wastewater discharge facilities - The report on the installation of air pollutants discharge facilities - The report on the installation of a specific business plan (environmental review document) shall not be accompanied. The report on a dust-generating business - the report on the processing business shall be filed with the processing business of cement, stone, paint and cement-related products.

(zb) - In the event that the area of soil works and the suspension work is not less than 1,00 square meters, a report on a dust-generating project shall be filed before the commencement of construction

b. It is not determined as not accompanied by a detailed business plan (environmental review) to report noise and vibration emission facilities.

A report by a construction waste discharger - A construction waste disposal plan shall be submitted by the commencement date of the construction project when at least five tons of construction wastes occur.