개발행위불허가처분취소
1. On June 13, 2016, the Defendant’s disposition of non-permission of complex civil petitions for development activities against the Plaintiffs is revoked.
2...
1. Details of the disposition;
A. On March 22, 2016, the Plaintiffs filed an application with the Defendant for permission to engage in development activities to install solar power facilities (hereinafter referred to as “instant power generation facilities”) on the ground (hereinafter “instant application site”) on the land of the Gosi-gun, Gosi-gun, and two parcels (hereinafter “instant application site”).
(hereinafter “instant application”) b.
On June 13, 2016, the Defendant rendered a disposition of denying the instant application pursuant to Article 57 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) on the following grounds:
(hereinafter “instant non-permission disposition”). Damage to the surrounding natural landscape and aesthetic view (hereinafter “instant non-permission disposition”) - The concentration of pine trees is likely to occur in the adjacent areas pursuant to Article 58 of the National Land Planning Act and Article 56 attached Table 1-2 of the Enforcement Decree of the same Act, and the surrounding areas are typical rural areas where the site creation and installation of solar power infrastructure sites and structures (solars) are installed. Within the scope delegated or prescribed by the National Land Planning Act, the Enforcement Decree of the same Act, the Enforcement Decree of the same Act, the Enforcement Rule of the National Land Planning Act, and the Ministry of Land, Infrastructure and Transport operating guidelines for permission for development activities, the detailed standards for permission for development activities do not comply with Article 10 (Criteria for Permission for Permission for Development Activities of High Military (hereinafter “instant 2 Disposition”) (hereinafter “the instant ground for permission for development activities”) - The location within 100 meters from the public waters - the location within 500 meters from the Do I (road under the Road Act) and agricultural and fishing villages, the purport of the entire pleading No. 200
2. Determination on the legitimacy of the non-permission disposition in this case
A. The key point of the Plaintiffs’ assertion is that the alleged power plant should not be installed within a certain distance from a road or public water surface. The criteria for permission for development activities are determined.