개발행위불허가처분취소
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 March 13, 2016, the Plaintiff obtained a permit from Gyeonggi-do to operate an electric utility business for solar power generation projects of 2,997kW with the facility capacity in Gyeyang-gun B and C (hereinafter “instant application site”).
B. Around March 2017, the Plaintiff filed an application with the Defendant for permission to install structures necessary for solar power generation projects and to engage in development activities for changing the form and quality of land (hereinafter “instant first application”). On May 11, 2017, the Defendant rejected the Plaintiff’s first application (hereinafter “instant first non-permission disposition”).
C. On May 2018, the Plaintiff filed an application with the Defendant for permission to install structures necessary for solar power generation projects (hereinafter “instant power generation facilities”) and to engage in development activities for changing the form and quality of land at the instant application site (hereinafter “instant secondary application”).
Grounds for Non-permission
A. The system of permission for development activities is to induce development and preservation in harmony to ensure the planned management of the land by taking into account the economic use of the land and the harmony with surrounding landscape and environment, including environmental conservation. This application does not conform to the purpose of the system with a development plan under which enormous natural environment is damaged, such as damage of mountainous district 46,182 square meters for installation of solar power generation facilities (17,027 square meters, 8,820 square meters) and the occurrence of 16,157 square meters of ground cutting, etc.
(b) On-site verification inappropriate - The only main line that enters into the area as a two-way and a main line is likely to cut off roads in the event of damage, such as superior soil and rocks, etc., arising from the application site E, but excellent water generated from the application is due to the current cross-road drainage (500 meters in diameter) and the current plan to prevent damage, such as calculation of repair for calculating the excellent in the application site, is not prepared in detail, and there is no review data from E to the place of application.