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(영문) 대전지방법원 2019.05.16 2017구합107475
개발행위불허가처분취소
Text

1. On November 24, 2017, the Defendant’s disposition of denial of permission for development activities against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On June 16, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the purpose of changing the form and quality of land for the purpose of installing solar power facilities (hereinafter “instant facilities”) on the ground of 14,386 square meters (hereinafter “the instant application site”).

(hereinafter “instant application”). (b)

On July 24, 2017, the Plaintiff was granted a license for the electric generation business with the content of operating the solar power generation business (facilities capacity 997.2KW, supply voltage 22,90V, radio frequency 60Hz) in the name of “D-powered power plant” from the Cheongnam-do Governor and three parcels outside Seosan-si, Seosan-si.

C. On November 13, 2017, the Defendant submitted the instant application to the Seosan City Urban Planning Committee for deliberation as an agenda item to determine whether the instant application satisfies the criteria for permission for development activities under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). On November 21, 201, the said agenda was rejected on the ground that “as there are more than five houses in the neighboring area and there are negative impacts on natural landscape damage, etc. adjacent to the City/Do, it is inappropriate to location.”

There are five or more houses in the neighboring areas of the application site, and neighboring areas E, among the review matters by field of development permission standard under attached Table 1-2 of Article 56 of the Enforcement Decree of the National Land Planning Act, the structure does not damage the surrounding natural scenery and aesthetic view due to development activities in relation to the surrounding areas, and the height, form, and color thereof must be harmonized with the neighboring buildings. However, since the application area has negative impacts on the damage to natural scenery and aesthetic view due to installation of large-scale structures (so-called solar power generation facilities), it is not consistent with the permission criteria for development activities under attached Table 1-2 of the Enforcement Decree of the National Land Planning Act.

On November 24, 2017, the Defendant notified the Plaintiff of the rejection of the instant application on the following grounds:

hereinafter “instant disposition”.

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