택지개발사업의 경관제도 개선방안 연구 : 광교지구를 중심으로

광교지구 사례로 택지개발사업의 경관제도 개선방안을 연구했다.

A landscape system of Korea has been established with awareness of the importance of the conservation, management and formation of the landscape against the urban sprawl before 2000. Along with an increase in national income, the landscape management for improving the quality of life and conserving the territorial environment is regarded as an important factor representing national competitiveness. The principle of “Plan First and Development Later” based on “National Land Planning Law” established and enforced on January 1, 2003 was a starting point of the remarkable improvement of the landscape management to prevent the urban sprawl.

After that, “Landscape Law” for comprehensively managing the landscape was enforced on November 18, 2007, and “Building Standard Law” for managing the buildings and the like was enforced on June 22, 2008. Since these laws play a key role in the landscape management, they are called three main laws related to the landscape. Besides, there is “Cultural Properties Protection Law” as Individual Law, but it has a large number of ordinances and massive contents. Accordingly, the landscape-related three main laws except for Cultural Properties Protection Law will be studied.

The landscape-related three main laws were expected to provide the systematic management of the landscape, but they could not work. The application of the landscape-related three main laws has been conducted with difficulties due to a turf battle among the landscape-related three main laws and absence of the hierarchy, connectivity and coherence among them. It has resulted in practical problems such as a hierarchy problem between the landscape-related three main laws and the landscape plan, an overlapping problem of the contents of the landscape plan and a discretion problem of development of the landscape plan.

Accordingly, landscape administrators have been in great confusion in applying the laws and developing and executing the landscape plan. The purpose of this study is to provide solutions of the problems by conducting empirical analysis, documentary survey and present state investigation related to exemplary cases and the landscape-related three main laws in order to improve the landscape system of residential land development projects and activate property development projects. Improvement plans deduced by this study are described in brief below.

First, a short-term plan and a medium- and long-term plan for solving the hierarchy problem between the landscape-related three main laws are proposed. As a short-term plan, only hierarchy provisions(relationship with other laws) of ““Building Standard Law” colliding with “National Land Planning Law” are revised and law application sequence is set such that “National Land Planning Law”, “Landscape Law” and ““Building Standard Law” are sequentially applied. Accordingly, the landscape can be comprehensively and systematically managed on the basis of “National Land Planning Law”.

As a medium- and long-term plan, the landscape-related three main laws are integrated into “Special Law for Landscape (tentative name)”. Second, the hierarchy of landscape plans developed and executed by the landscape-related three main laws is required to be improved. The landscape plan based on “Landscape Law” has no problem because the related law has a hierarchy.

However, in case of urban plan and architecture master plan, it is proposed, until a hierarchy is set in the related law, that the landscape plan of the urban master plan (strategic plan) is set in the first place, the landscape plan based on “Landscape Law”(specific plan) is set in the second place, and the architecture master plan (complementary plan) is set in the third place. Such priority has no legal binding and, thus, arrangement and adjustment between plan administrators is recommended. Third, the overlapping problem of the contents of the principles for developing the landscape plan should be solved.

In order to secure the connectivity and coherence between “Landscape Law” and the landscape plan, the principles for developing the urban master plan is revised first. In the long run, the principles for developing the urban master plan (related to the landscape), the principles for developing the district unit plan (related to the landscape ; landscape detailed plan) and the principles for developing the landscape plan based on “Landscape Law” are integrated. Fourth, the discretion problem of development of the landscape plan of the district unit plan should be solved in the system.

“Landscape plan” that is an option of the district unit plan under Article 52 of “National Land Planning Law” allowing legal discretion is revised to be included in the obligations. As represented in the empirical analysis of the landscape plan of the SuwonGwanggyo residential land development district, the discretion of a planner of the landscape plan should be corrected systematically. In view of the study results, since a landscape system for landscape management has a great influence on not only the conservation and formation of the national landscape but also the property development project, it is expected to be improved by the proposed improvement plans as soon as possible.

우리나라의 경관(景觀)제도는 2000년대 이전의 개발시대에 불어 닥친 국토의 난개발에 대한 반작용으로 경관의 보전․관리․형성에 대한 중요성이 인식되면서 제도화 되었다고 볼 수 있다. 국민소득의 증가와 함께 국민의 삶의 질 향상과 아름다운 국토환경의 보전을 위한 경관관리는 국가경쟁력과도 직결되는 과제이다. 2003.1.1일자로 제정․시행된 “국토계획법”에 의한 “선 계획 후 개발”의 원칙은 난개발 방지를 위한 경관관리의 획기적인 제도 개선의 출발점이었다. 이후 2007.11.18에는 경관을 종합적으로 관리할 수 있는 “경관법”이 시행되었고, 2008.6.22에는 건축물 등을 관리 대상으로 하는 “건축기본법”이 시행되었다. 이 법들이 경관관리에 있어서 중추적인 역할을 하고 있기 때문에 일명 경관 관련 주요 3법이라고 한다. 이외에도 경관에 관하여 “문화재보호법” 등이 개별법 형태로 존재하고 있지만 그 법령의 수가 많고 방대하므로 본 연구에서는 제외하고 경관 주요 3법을 연구대상으로 한다. 경관 관련 주요 3법이 탄생하면서 경관의 체계적인 관리를 기대하였으나 결과는 그렇지 않았다. 경관 주요 3법 간의 영역 다툼과 위계성, 연계성, 정합성(整合性) 등의 부재로 많은 문제점이 노출되어 운용되어 오고 있다.

경관 주요 3법에 의한 법규 및 경관계획 간의 위계(位階)문제, 경관계획 내용의 중복문제, 경관계획 수립의 재량문제 등이 현실 문제로 나타난 것이다. 이로 인해 경관행정가들이 법 적용과 경관계획의 수립·집행에 있어서 혼란이 가중되고 있는