개발행위 불허가처분 취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of disposition;
A. On November 26, 2018, the Plaintiffs filed an application with the Defendant for permission to engage in development activities for installation of solar power infrastructure (such as changing land form and quality) and permission for conversion of mountainous districts (hereinafter “instant application site”) with respect to 7,260 square meters among 8,430 square meters of forests and fields H, Gohap-gun, Chungcheongnam-gun, Ma
(hereinafter “instant application”). (b)
After deliberation by the Joint Gun Planning Committee on July 4, 2019, the Defendant rendered a non-permission disposition on the instant application for the following reasons:
Grounds for Non-permission
(a) Determination of destruction of the ecosystem and landscape in the relevant area and its surrounding area due to development activities that do not conform to the criteria for permission of development - Determination of lack of permission of development - A project site is a place highly worthy of ecologically sustainable conservation of forests and fields surrounded by the center of farmland, where 98% of the clinical 98% of the forest is growing, finite finite finite finite finite finite finite finite finite finite, etc. - concerns over disturbance of ecosystem due to destruction of the role of wild animals ecological corridor, etc. finite finite finite finite find find, damage to the surrounding area, farming roads, etc. - risk of property damage to farming roads and accidents at the time of using heavy equipment find find.
B. A civil petition opposing to the construction of solar energy of village residents - Access issues on the construction site access roads, landscape damage, and concern of damage to farming roads due to the passage of heavy equipment - concerns over damage to nearby farmland due to soil and sand outflow at the time of the construction of a power plant - electromagnetic waves at the time of completion of the construction, such as noise and dust, and risk of environmental pollution due to light reflect (hereinafter “previous disposition”).
The plaintiffs filed an administrative appeal seeking revocation of the previous disposition with the Gyeongnam-do Administrative Appeals Commission, but the appeal was dismissed on October 30, 2019.
On June 30, 2020, the defendant revoked the previous disposition ex officio on the ground of a violation of the method of disposition under Article 24 of the Administrative Procedures Act, and this shall apply.