연구 요약
연구 요지 (AI)
주택법 의제 제1종 지구단위계획 제도의 개선방안을 사례로 연구한다.
초록
ABSTRACT A Study on Suggestions for their Resolutions of the First-class Planned Unit Districts Housing Law Agenda - A Ccase of Sang-shin Region in Hwasung city, Gyeonggi Province - Jin, Jae Il Advised by Prof. Lee, Woo Jong Major in Urban Planning Graduate School of Industry and Environment Kyungwon University In the course of executing the administrative procedures for approving home construction projects pursuant to the Housing Act (hereinafter "ACT"), it is being required to improve the efficiency of the laws and regulations concerning the planned unit districts presumed to belong to the first-class pursuant to the ACT, and to improve the fundamental ideas underlying them.
Such need arises, due to various reasons such as the provisions automatically triggering administrative procedures in the presence of a prima facie evidence like consultation with other agencies on the first-class planned unit districts pursuant to the superior Act on Planning and Use of Territory (hereinafter “TERRITORY ACT”), the rising number of cases processed under the administrative presumption, the diverse changes arising in and outside Korea, and the rising need for creation of plans to spatially land. This study has assumed a practical and empiricalapproach to the current issues posed by the automatically executingprovisions of the ACT.
Thus, this study does not advocatea strong and dramatic alternative such as abolition of the relevant provisions. In this context, it is intended to prevent the recurrence of similar problems in the future by focusing on supplementary aspects in order to maximize the efficiency and the realization of the ideas underlying the enactment of the provisions of the TERRITORY ACT concerning the first-class planned unit districts, and the congressional intent behind the ACT. This study was conducted as follows: review of the conceptsand systems concerning based the first-class planned unit districts, research on the relevant literature, establishment of a working plan, and a comprehensive analysis.
Especially, a case was selected, which illustrates the first-class planned unit districts based project. Then, a comprehensive analysis was conducted, covering the entire administrative procedure from application to approval, to set forth issues and problems for a better alternative. Based on the information, a survey was conducted on the experienced experts to prove its appropriateness and to propose how to improve the current system.
The following issued surfaced to attention through this study: First, considering the factors such as noise and geographical features, automatic execution of the first-class planned unit districts renders, upon approval of a housing construction project, the neighboring communities highly vulnerable to the possibility of becoming a slum area. Second, it is not clear who is responsible for what. In other words, different interpretations arise out of conflict of opinions.
For example, those with the authority to approve housing construction projects make different interpretations from those who are bound to consult with each other for automatic execution of the first-class planned unit districts provisions. Third, the TERRITORY ACT waives review by an urban development commission, and authorizes automatic execution of the first-class planned unit districts in order to streamline the approval procedure. Still, it takes about four long years to complete the approval process from the moment of application.
Forth, of the first-class planned unit districts is usually a long-term project covering almost 10 years, while a housing construction project is short term in nature with its promotional elements. Still, the automatic execution desynchronizes the former from the latter. Thus, the following are the ways to improve the current system: First, it is necessary to prevent bordering neighbors from falling to slums.
Specifically, with regard tothe key issues such as delineation of the borders under a planned unit districts, and establishment of a height limit on the buildings to be built in the zone, it seems wise to, prior to execution of administrative processes in earnest, subject a construction project to the screening review of a local urban development commission to secure the feasibility of the project. Second, it is necessary to clearly set forth the scope of responsibilities of the approving authority and the parties subject to mandatory consultation.
For example, the approving authority may be granted the power to set the legal limitations, while the consulting agencies are authorized to review non-legal issues and matters, while powers of the two groups are exclusive to and independent from each other’s. Furthermore, it may also serve the purpose to conduct a fine classification of relevant provisions such as the guidelines on designation of the first-class planned unit districts. Third is the way to shorten the processing time consumed until the actual automatic execution of a planned unit districts.
It seems practical to summarize and post on the homepage of a municipal government the information regarding the provisions mandating waive of a preliminary screening (e.g. Review by an urban development commission), the items on a form for the automatic execution, which cause frequent remand, or the item that consumes a huge amount of time for remanding. It will be also helpful to offer continuing educational programs, on a regular basis (e.g. at least once a year), on the relevant laws, guidelines, and areas frequently subject to remand. Forth is the way to synchronize the zoning plan and the construction project.
Currently, the ACT does not impose any cap on the scope of the area subject to the first-class planned unit districts. Thus, a limitation should be imposed. For example, the subject area may be limited to 30,000㎡and 500 households. Alternatively, as conditions for se 【국 문 초 록】 주택법에 따라 주택건설사업계획을 승인하는 행정절차 이행 과정에서 상위법인 「국토의 계획 및 이용에 관한 법률」에 의거 수립하는
발행 정보
2009. 경원대학교 환경대학원 국내석사 학위논문