개발행위불허가처분취소 청구의 소
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 10, 2018, the Plaintiff obtained a license for the power generation business with the content of operating solar power generation projects (power No. 99,225K) from the head of the budget Gun in Chungcheongnam-gun B and C. On April 9, 2019, the Plaintiff obtained a license for the change of power generation business with the content of changing the said place to D and E according to the division of land from the budget Gun on April 9, 2019.
B. On March 18, 2019, the Plaintiff filed an application with the Defendant for permission to engage in development activities (hereinafter “instant project”) with respect to the installation of solar power plants (hereinafter “instant facilities”) in the instant application form, by dividing the instant application into a size of 706 square meters and a total of 1,463 square meters and a total of 757 square meters and a total of 1,463 square meters (hereinafter “instant application site”).
(hereinafter referred to as “instant application”). C.
After deliberation by the Gun Planning Committee (the result of rejection) on the instant application, the Defendant rejected the instant application from the Plaintiff on May 8, 2019 for the following reasons.
(hereinafter “instant disposition”). Grounds for non-permission disposition
A. A. The land use status or the land use plan in the surrounding areas under Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) should be harmonized with the surrounding environment or landscape, such as the land use plan. However, within 30 m to 200m in the radius of this site, 70 households and community halls are located within 30m to 200m in the radius of this site. Given the characteristics of solar power generation facilities, it is difficult to harmonize with surrounding environment or landscape
Article 56(1) of the Enforcement Decree of the National Land Planning and Utilization Act provides that the buildings or structures constructed or installed by development activities shall not damage the surrounding natural scenery and fine view, but shall damage the surrounding natural scenery and fine view when the solar light chains are installed in the project area.
The development activities under attached Table 1-21-D-2 of the Enforcement Decree of the National Land Planning and Utilization Act of Article 56 (1) of the Enforcement Decree shall be conducted to the relevant area and its surrounding area.