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(영문) 광주지방법원 2018.01.18 2017구합10944
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 24, 2015, 16, including the Plaintiff, filed an application for permission to engage in a solar power generation project with respect to the previous C’s land (25,626 square meters, site area of 61,789 square meters) with the Defendant on February 15, 2016. On July 29, 2016, the Defendant filed an application for permission to engage in a solar power generation project with respect to the land (29,286 square meters, site area of 64,65 square meters) outside South C, and voluntarily withdrawn the application on September 12, 2016.

B. On September 16, 2016, the Plaintiff filed an application with the Defendant for permission to engage in development activities (hereinafter “instant development activities”) for solar power generation projects (hereinafter “instant application”) with respect to the area of 4,010 square meters (hereinafter “instant application site”) among the entire land C (hereinafter “instant application”), but the Defendant rendered a disposition of non-permission for development activities (hereinafter “instant disposition”) on October 27, 2016 following deliberation by the BGun Planning Committee.

Notification of Denial of Development Activities

A. Nonconformity with Article 58(1)4 of the National Land Planning and Utilization Act - This refers to conservation management area and agricultural and forest area, which falls under conservation use in accordance with the criteria for permission for development activities specified in attached Table 1-2 of Article 56 of the Enforcement Decree of the National Land Planning and Utilization Act. An area falling under conservation use is an area that needs to take into account impacts on the environment as an area requiring conservation rather than development, protection and creation of landscapes, and minimization of landscape damage. - In addition, the area in question is anticipated to have considerable damage to surrounding environment and natural scenery due to damage to forests when installing solar power infrastructure, such as E and F, in the area in which many tourists find to be held in May D each year.

In accordance with Article 58(1)5 of the National Land Planning and Utilization Act, access roads shall be secured more than 6 meters if the scale of development is more than 5,000 square meters and less than 30,000 square meters.

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