개발행위허가신청 반려처분취소
1. Each disposition revoking an application for permission for development activities filed by the Defendant to the Plaintiffs on January 28, 2019 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On December 5, 2016, the Plaintiffs were licensed to engage in solar power generation business (facilities capacity 99.23K, power generation voltage 380V, radio frequency 60Hz) with the content of operating solar power generation (facilities capacity 99.23K, power supply voltage 380V, and radio frequency 60Hz) between the Defendant and B and four lots (hereinafter “the instant application site”).
B. On June 9, 2017, the Plaintiffs filed an application with the Defendant for permission for development activities aimed at altering the form and quality of land and installing structures (hereinafter “instant application”) to install solar power infrastructure (hereinafter “instant facilities”) in the instant application form.
C. Upon the filing of the instant application, the Plaintiffs formulated a business plan by using a farm road of 3 meters wide. On March 27, 2018, the Defendant: (a) demanded the Plaintiffs to supplement the Plaintiffs to the effect that “as access roads exceeding 6 meters are secured pursuant to Section 3-3-2-1 of Section 3 of the Guidelines for Operation of Permission for Development and Development Acts; (b) thereby re-examination of the entry plan; and (c) the Plaintiffs submitted a supplementary document (Evidence 5) stating that the Plaintiffs would secure access roads exceeding 6 meters wide using roads adjacent to the instant application site by using a road in C-Industrial Complex located adjacent to the instant application site.
The Urban Planning Deliberation Committee decided to accept the instant application as “conditional Acceptance” on the condition that the instant application should be reflected in substitution, etc., and the Defendant notified the Plaintiffs on July 3, 2018 of the submission of a plan to take measures against the foregoing deliberation result. On September 2018, the Plaintiffs submitted supplementary documents (Evidence A7) containing the above plan to the Defendant (Evidence A).
Along with the opinion of the road management department to the effect that it is impossible to use a road for any other purpose than the passage of enterprises in an agro-industrial complex for the construction of access roads in an agro-industrial complex, which are reflected in the project plan related to the application of this case, the main time is to request the supplementation of the access roads in an agro-industrial complex by December 12, 2018 as follows.
requirements for supplementation: