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(영문) 대구지방법원 2020.08.19 2019구합23670
개발행위불허가처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On September 7, 2018, the Plaintiff obtained permission for solar power generation projects (hereinafter “instant project”) with the content of B orchard 18,566 square meters (hereinafter “instant application site”), facility capacity of 199.4km, and 1,331 square meters in an installation area, which are installed from the Defendant on a permanent basis (hereinafter “instant application site”).

B. On February 18, 2019, the Plaintiff filed an application for permission to engage in development activities with the content of 2,901 square meters in the instant application form for the installation of solar power infrastructure, and 884 square meters in a structure installed with the Defendant.

(hereinafter referred to as the “instant application”). 1. To grant permission for development activities, it shall be in harmony with the actual use condition or land utilization plan of neighboring areas, and surrounding environment or landscape, such as the gradient and state of land, water flow, water flow, water flow, drainage of river, lake and marsh wetlands, etc., under Article 56 of the National Land Planning and Utilization Act (hereinafter referred to as “National Land Planning Act”) and Article 56 [Attachment 1-2] of the Enforcement Decree of the same Act

2. The application in this case is inappropriate as a project site because it is composed of forests with excellent clinical trees and excellent orchard, and it is difficult to harmonize with the surrounding environment and scenery due to the actual utilization condition of the surrounding area or the project including the land utilization plan. The application in this case is likely to seriously pollute or damage the surrounding environment, scenery, landscape, etc. when developing the application site;

3. There is concern over concerns over the difficult development of adjacent land, forests, etc., concern over damage to adjacent land due to sprinking or banking works conducted in accordance with site preparation, soil and sand outflow, etc. and concerns over inconvenience to residents and surrounding damage due to noise, dust, vibration, etc. caused by the implementation of works, and

4. An access plan is also improper, and an access road to the site is packaged as a dry field-based maintenance project, and it is dangerous to use as access to construction vehicles such as heavy equipment, etc., because the grains of sloped agricultural roads used by small-sized agricultural machinery in the past are serious; and thus, it is improper to enter into an access road.

(b).

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