개발행위(태양광발전시설설치)허가신청불허가처분취소
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 May 13, 2019, the Plaintiff obtained a license for electric power generation business concerning solar power generation business of the size of Kimcheon-si land (hereinafter “instant application site”), facility capacity of 379.08km, and installation area of 3,269 square meters in the name of “B” from the Defendant (hereinafter “electric power generation business”).
B. On June 24, 2019, the Plaintiff filed an application with the Defendant for permission to engage in development activities to install solar power facilities with a size of 1,723 square meters and an area of 3,019 square meters in the form and quality change in the instant application site (hereinafter “instant power facilities”).
(hereinafter referred to as “instant application”). C.
On July 24, 2019, the Defendant notified the Plaintiff that the instant application was rejected due to the following reasons:
(1) The National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) shall apply to the disposition of this case.
(2) In accordance with Article 27(2) of the Gimcheon City Urban Planning Ordinance (hereinafter referred to as the “Ordinance of this case”), considering the purpose and purpose of the Amendment of the Gimcheon City Urban Planning Ordinance (hereinafter referred to as the “Ordinance of this case”), the use of surrounding land and the landscape of the project (hereinafter referred to as the “Act of this case”) contrary to the purpose and purpose of the Amendment of the Gimcheon City Urban Planning Ordinance (hereinafter referred to as the “Ordinance of this case”), shall be considered in writing at the time of considering the use of surrounding land and the landscape under Article 58(4)(4) of the same Act. In light of the project plan and the landscape, the use of surrounding land shall be deemed improper - the land utilization status or land utilization plan of the surrounding area, the height of buildings, gradient of land, status of trees, water drainage, etc., and shall not be located within 30 meters from the adjacent road under Article 27(2) of the Act on the Maintenance and Improvement of Road of Agricultural and Fishing Villages.
all the requirements of “.......”