개발행위 허가 심의대상————————————————– ————————–
Pursuant to Article 56 of the National Land Planning and Utilization Act, when applying for permission for development activities, there are cases where deliberation by the Urban Planning Committee must be obtained.
Whether or not it is subject to deliberation by the Urban Planning Committee is detailed in Article 59, Paragraphs 1 and 2 of the National Land Planning and Utilization Act and Article 57 of the Enforcement Decree of the National Land Planning and Utilization Act, but it is difficult to put into words. It’s not easy to follow.
First of all, if you follow the law
⇒ Here, let us easily consider that in the case of general development activity permission (consultation, etc.), all activities are subject to deliberation by the Urban Planning Committee, except for those listed in Article 59, Paragraph 2 of the National Land Planning and Utilization Act.
In Article 57, Paragraph 1 of the Enforcement Decree of the National Land Planning and Utilization Act, specific details regarding ‘acts prescribed by Presidential Decree’ are listed in each subparagraph.
⇒ For example, in Article 55, Paragraph 1 of the Enforcement Decree, cases of more than 30,000 square meters in industrial areas and 10,000 square meters or more in natural green areas are subject to deliberation.
⇒ If the area is less than 30,000 square meters in an industrial area, there is no deliberation for any use (of course, it must be a facility that can be located in an industrial area), and in a natural green area, even if it is less than 10,000 square meters, it is subject to deliberation.
In other words, it makes sense to consider that any permit subject to consideration is unconditionally subject to deliberation in green areas, management areas, agricultural and forestry areas, or natural environment conservation areas. However, there is also a provision for exclusion from City Planning Committee deliberation.
The facilities listed in item 1-2 (c) are such.
1) Single-family houses specified in Table 1, Paragraph 1 of the Enforcement Decree of the Building Act (excluding houses that require business plan approval pursuant to Article 15 of the Housing Act)
2) Apartment houses specified in Table 1, Item 2 of the Enforcement Decree of the Building Act (excluding houses that require business plan approval pursuant to Article 15 of the Housing Act)
3) Type 1 neighborhood living facilities under Article 3 of Appendix 1 of the Enforcement Decree of the Building Act.
4) Type 2 neighborhood living facilities in Item 4 of Appendix 1 of the Building Act Enforcement Decree (excluding facilities in Geomok, Deomok, and Leomok of the same item)
5) Kindergartens among schools specified in Item 10 (a) of Appendix 1 of the Enforcement Decree of the Building Act (limited to facilities with a site area of less than 1,500 square meters, excluding cases installed in conservation green areas and conservation management areas)
6) Children-related facilities specified in Item 11 (a) of Appendix 1 of the Enforcement Decree of the Building Act (limited to facilities with a land area of less than 1,500 square meters, excluding cases where they are installed in conservation green areas and conservation management areas)
7) Senior welfare facilities specified in Item 11 (b) of Annex Table 1 of the Enforcement Decree of the Building Act (limited to facilities with a site area of less than 1,500 square meters as senior leisure welfare facilities under Article 36 of the Senior Welfare Act, and installed in conservation green areas and conservation management areas (Excluding cases where)
8) Among the warehouses specified in subparagraph 18 (a) of Annex Table 1 of the Enforcement Decree of the Building Act (limited to buildings for the purpose of agriculture, forestry, and fishing) and facilities related to animals and plants in subparagraph 21 of the same table (excluding subparagraphs c and d), urban ㆍFacilities specified by county planning ordinance (limited to changes in the quality of land within 660 square meters, excluding facilities located in natural environment conservation areas)
9) Construction intended to expand within 5/100 of the existing site area or less
⇒ Broadly speaking, it is limited to general buildings such as houses, neighborhood living facilities, kindergartens, children-related facilities, senior welfare facilities, agricultural, forestry and fishery warehouses (within 660 square meters).
To sum up, it is somewhat easier to understand if you interpret the law considering that the National Land Planning and Utilization Act regarding permission for development activities is basically all permissions subject to deliberation, but it lists some activities that are not subject to deliberation.
The reason why single-family homes in natural green areas are not subject to deliberation by the Urban Planning Committee is because, originally, all permits in natural green areas are subject to deliberation, but Article 57 (1) 1-2 (c) of the Enforcement Decree of the National Land Planning and Utilization Act It is not subject to deliberation because it was excluded from deliberation.
In addition, in the case of a use without a building (for example, a ‘parking lot’), it can be considered the subject of deliberation regardless of whether there is a building (assuming it is a natural green space). Please refer to the article below for the reason.
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