개발행위 허가 심의대상 Korea Construction Research Institute, a foundation

개발행위 허가 심의대상2020.10.29 hits: 684

■ Question summary

We would like to inquire whether applications for development activities related to the construction of animal and plant-related facilities (simple livestock sheds) are subject to review.

Among those excluded from deliberation in Article 57 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act: 9) Facilities related to animals and plants as specified in Item 21 of Appendix 1 of the Enforcement Decree of the Building Act (in cases where the facilities in items c and d of the same item are not included, site It is limited to facilities with an area of ​​less than 660 square meters (excluding cases where they are installed in a natural environment conservation area), and the site area is limited to facilities with a site area of ​​less than 660 square meters. There are differing opinions as to whether you are referring to the area for which the application was made or the entire cadastral area of ​​the land for which you applied.

ex) When applying for a development permit for 2,000 square meters of land for 650 square meters
Please answer whether it is excluded from deliberation because it is less than 660, or whether it is subject to deliberation because the total cadastral area is 2,000.

thank you

■ Answer contents

1. Hello. We would like to thank you for your interest and affection for the national transport administration, and we would like to respond to the questions you posed to Kookmin Newspaper as follows.

2. Question summary

Whether or not it is subject to deliberation by the City Planning Committee when attempting to install animal and plant-related facilities (simple livestock sheds)

3. Answer

In Article 59 (1) of the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”), the head of the relevant administrative agency grants permission or changes to the acts specified in Article 57 (1) of the Enforcement Decree of the National Land Planning Act in accordance with the National Land Planning Act. It is stipulated that in the case of approval, permission, approval or consultation under other laws, it must be reviewed by the Urban Planning Committee.

If a development permit is obtained for changing the nature of land (less than the size of the use area in accordance with Article 55 (1) of the Enforcement Decree of the National Land Planning Act) for the purpose of constructing a building in a green area, management area, agricultural and forestry area, or natural environment conservation area, the national land Pursuant to Article 57 (1) 1-2 of the Enforcement Decree of the Planning Act, it must be reviewed by the Urban Planning Committee. However, in accordance with Article 57 (1) 1-2 (c) of the Enforcement Decree of the National Land Planning Act (9), small-scale livestock farms, crop cultivation farms, etc. with a site area of ​​less than 660㎡ are permitted in the city. ·It is stipulated that it can be excluded from the deliberation target of the Urban Planning Committee within the scope determined by the county planning ordinance.

Here, the scope of ‘change in the character of land within 660㎡’ refers to the land register area of ​​the parcel where the character change is made, and this regulation stipulates that small-scale livestock farms, crop cultivation farms, etc. are subject to urban/county planning within the scope of 660㎡ of site area. We would like to inform you that this is set out in an ordinance so that it can be excluded from the deliberation target of the City Planning Committee. Specific details, such as whether this applies or whether there are other matters that need to be separately reviewed, should be submitted to the relevant local government, which comprehensively reviews the relevant contents and decides whether to grant permission. Please contact us.

4. If you have any additional questions regarding the development permit, please contact our department’s Urban Policy Department (Myeonghye Yoo ℡: 044-201-4724) and we will kindly answer your questions. I hope you have a nice day. thank you

[This reply is limited to the relevant inquiry, and in the case of similar cases due to changes in individual facts, etc., there may be a different interpretation from this reply.
Therefore, please understand that using it as separate evidence for individual cases is not related to the views of the Ministry of Land, Infrastructure and Transport.]

개발행위 허가 심의대상

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