개발행위불허가처분취소
1. The Defendant’s disposition of non-permission to engage in development activities on August 17, 2018 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. For the purpose of constructing solar power facilities (hereinafter “instant facilities”) on a parcel of 11,964 square meters (hereinafter “instant application site”) outside Jincheon-gun, Jincheon-gun, Chungcheongnam-do, and one parcel of land (hereinafter “instant application site”), the Plaintiff was licensed to generate electricity on March 26, 2018 by the Defendant.
B. On April 12, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the instant project (hereinafter “instant application”). With respect to the prior examination of factors influencing disasters submitted by the Plaintiff on April 20, 2018 and the small-scale environmental impact assessment submitted on May 3, 2018, the Defendant requested the respective relevant departments to respond to their opinions.
C. On June 15, 2018, the Defendant was notified by the basin basin environmental office of the results of the small environmental impact assessment consultation to the effect that “the Minister of Environment reflects the project plan to preserve the original form of irrigation trees in the application site of this case, to establish and implement measures to protect the protected species, to reduce dust and noise during construction, to preserve water quality, and to prevent the damage of topography geological features”. On July 12, 2018, the Defendant was notified of the results of prior consultation on the examination of factors influencing disasters from the head of the Safety Construction Department under the Defendant’s jurisdiction. At that time, the Defendant sent the Plaintiff a consultation opinion on the basin environmental office
On July 2018, the Plaintiff submitted to the Defendant a prior report on the factors influencing disasters (Evidence A 9-1) that reflects the review opinions on the factors influencing disasters. Around August 8, 2018, the Plaintiff prepared and submitted a prior report on development activities for deliberation by the Gun Planning Committee (Evidence B No. 3). At the time, the review data states that “to submit documents” regarding matters related to the consultation on small environmental impact assessment.
see subparagraph 3-23(e).
After that, on August 14, 2018, the Plaintiff revised the project plan by reflecting the opinion of consultation on small-scale environmental impact assessment around 10:38, and preserving the project site in original form on the southwest of the application site of this case.