개발행위불허가처분취소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Details of the disposition;
A. On July 24, 2018, the Plaintiffs filed jointly with the Defendant an application for permission to engage in development activities for the installation of solar power generation facilities of 2,161.89kW on a power generation capacity of 2,161,069 square meters (hereinafter “the instant application site”) among 42,917 square meters in Yong-gun-gun, Young-gun (hereinafter “Jri”) K forest and 42,917 square meters (hereinafter “Jri-gun”).
(hereinafter referred to as the “instant application”). The 94.4% of the place of the instant application consists of excellent forest vegetation 3 through 4th grade, which is expected to cause excessive harm to vegetation during the implementation of the instant project. According to the evidence No. 3 of 67m E, the difference in the table of the instant application is 51.7m (the highest mark 85.0m - the minimum mark 33.3m).
Since it is planned to create solar sites according to the ridges and slopes, it is anticipated that the possibility of landslide will be high due to soil loss in the sub-area and ground subsidence in the sub-area. Therefore, it is not appropriate to be the location of the instant project that is anticipated that environmental adverse effects, such as excessive erosion and topography damage, soil loss, and development in the mountain area, are likely to be high.
B. On July 31, 2018, the Defendant requested the head of the Daegu Regional Environmental Office to hold consultations on small environmental impact assessment by submitting the Plaintiffs’ small environmental impact assessment report (hereinafter “instant environmental impact assessment”).
On September 28, 2018, the head of Daegu Regional Environment Office sent a reply to the Defendant on the following grounds:
(hereinafter “instant reply”). C.
Accordingly, on October 12, 2018, the Defendant rendered a disposition of denying the instant application for the following reasons to the Plaintiffs:
(hereinafter referred to as the “instant disposition”). The results of the review of the instant environmental impact assessment conducted by the head of the Daegu regional environmental office on the response of this case pursuant to Article 45 of the Environmental Impact Assessment Act (the grounds for the first disposition) are as follows.