개발행위허가신청 불허가처분 취소 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the instant disposition
A. On July 27, 2018, the Plaintiffs filed an application with the Defendant for permission to engage in the development of 390 square meters in the area of solar power facilities, 18,183 square meters in J forest, 2,903 square meters in K forest, and 236 square meters in L forest (a total applied area of 21,712 square meters; hereinafter referred to as “the instant application site”), and permission to engage in the diversion of farmland (as to I in the instant application site), and permission to engage in the diversion of farmland (as to J, K, and L forest in the instant application site) and permission to convert mountainous districts (as to J, K, and woodland in the instant application site).
(hereinafter “instant application”). (b)
From September 2018 to April 2019, the Plaintiffs submitted a plan for measures that reflects the details of consultation between the head of the Geum River basin basin environmental office, etc. after going through the consultation process on the small environmental impact assessment of the instant application and the prior examination of factors influencing disasters.
C. On June 18, 2019, the Defendant rendered a non-permission disposition on the instant application by integrating the results of deliberation by the Geum-gun Urban Planning Committee as follows.
(hereinafter “instant disposition”). Pursuant to Article 57(3) of the National Land Planning and Utilization Act, the instant application received with a thickness shall be notified of non-permission for the following reasons:
1) Article 58 of the National Land Planning and Utilization Act provides that permission shall be granted only in accordance with the criteria for permission for development activities. Paragraph 1 of the same Article provides that the criteria for permission for development activities shall be consistent with the actual status of land use in neighboring areas, gradient of land, status of trees, drainage, etc. In addition, Article 59 of the same Act provides that permission for development activities shall be subject to deliberation by the local urban planning committee as prescribed by Presidential Decree. (2) As a result of deliberation by the committee, the target area of the project: (i) concerns about soil and sand erosion at the time of well-known in the safety disaster prevention plan; and (ii) the part of establishing solar panel.