• Title/Summary/Keyword: Land development permission

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Land Law Meaning of the Land Development Permission System (토지개발허가제의 토지법적 의의 -「국토계획법」 제56조를 중심으로-)

  • Lee, Sun-Young;Kim, Sang-Jin
    • Korea Real Estate Review
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    • v.24 no.1
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    • pp.77-90
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    • 2014
  • With the purpose of preventing improper development on the national land, the land development permission system which is performed from 2002 has meaning as a type of limiting the property right, but modification on the details of traditionally understood land ownership is inevitable. Also, releasing the development prohibit on the land not only stop in recovering the freedom for land development, but also can be interpretated as a cause of forming the land development right, therefore the purpose of this study is to develop this into a real right. When we look at the development activity permission as a form of limiting the property right, constitutional problems of basis for that limit and compensation demand can occur. However, that limit can be recovered or relieved through permitting the development activity, therefore the compensation problem can be solved. Due to the development activity permission system, the land development right was separated from the land ownership to be communalized, and now, the land ownership only has condition use right left and don't have the future condition change right in principle, therefore modifying the traditional concept of land ownership is inevitable. By the virtue of the land ownership authority, the land development permission system must have the property to separate the development right as the independent right to be authorized of its legitimacy. Without these properties, the land development permission system cannot satisfy the social necessity of the land development right and its discussion under the category of the land ownership limit theory can't be deviated. In the existing "Civil Law" or in the Land Regulation Law system, there are many difficulties and limits in generalizing the land development right as a real right. Therefore, it is considered that by establishing a social law idea of Framework Act on the Land to characterize the land right theory in the real right theory, the land development permission system or the development right theory should be studied and developed independently and systematically.

What Kinds of Lands Have Been Converted into the Urban Uses?: the Characteristics of Urban Land Development in the Case of Daegu Region

  • Kim, Jae-Ik
    • Land and Housing Review
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    • v.3 no.2
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    • pp.111-116
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    • 2012
  • The primary purposes of this study are to identify the characteristics of land development in urban area through GIS and remote sensing techniques and to provide useful implications for urban spatial policy. To perform these tasks, Daegu metropolitan city and its vicinities were selected as a study area, and remote sensing data and attributed data were collected, organized and analyzed. This study focuses on the following three steps. First, it identifies the characteristics of land development in urban areas by utilizing multi-temporal satellite image data (Landsat TM, 1980, 1985, 1990, 1995, 2000 and 2005). Second, it tries to find an answer on a critical question concerning land use conversion, i.e., which land use leads expansion of urban area? Third, it derives implications for urban spatial policies based on these findings. The characteristics of the urban extents tell us that the main land use converted into urban use from non-urban uses is green areas. The public sector, central and local governments, leads the land use conversions of suburban lands as exclusive legal body to issue permission of land use change. Based on these findings, this study concludes that the more systematic and technically advanced management tools should be utilized for more effective spatial management for urban growth.

Building Mongolian ULIIMS(Ulaanbaatar Land Information Integration Management System) (몽골 울란바타르시 토지정보 통합관리시스템 개발)

  • Jo, Myung-Hee
    • Journal of the Korean Association of Geographic Information Studies
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    • v.16 no.3
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    • pp.164-179
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    • 2013
  • Ulaanbaatar city, the capital of Mongolia and the center of Mongolian economy, increasingly needs to have a long-term urban planning and a system to impose a tax on land effectively as insufficient development of land and the moving of nomad into urban areas increases during its rapid growth. Therefore, Mongolian government has to prepare a land management system which provides the infrastructure to improve work efficiency and service quality by integrating digitalized data about land and main facilities and sharing data between related departments. This research analyzed the environment to operate the existing land management system and working environment and redesigned database. Furthermore, it integrated all the existing systems, configured service network, and made working environment for land registration, land permission, land payment management to be processed online. With this, it provides the foundation to improve quality of people's life through the preparation of long term urban planning, clean tax administration of real estate, and reconsideration of efficiency about urban infrastructure investment.

Study on Applicability of Slope Types to Permission Standard for Forestland Use Conversion (산지의 사면유형을 고려한 산지전용허가기준에 관한 연구)

  • CHOI, Jung-Sun;KWAK, Doo-Ahn;KWON, Soon-Duck;BAEK, Seung-A
    • Journal of the Korean Association of Geographic Information Studies
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    • v.21 no.4
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    • pp.145-157
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    • 2018
  • Mountainous areas are 64% in Korea and are allowed to be used by the permission standards of the "Mountainous Districts Management Act". In the act, slope and elevation criteria are defined to regulate the use of vulnerable land parcels to disaster. However, the standards cannot represent topographical variation in a land parcel such as terrain relief. Therefore, the applicability of slope type standard as a permission standard was tested using Catena in this study. Based on the theoretical grounds, two slope types were analyzed as 'risky slope' with disaster risk. The slope types of landslides in Namwon City were analyzed that 'risky slope' types were distributed about 57%. This study analyzed the forestland parcels that could be used when applying the current permission standards and the parcels that were already used in Namwon City. The ratio of the 'risky slope' in the parcels was more than 50%. Therefore, it is necessary to prevent the mountain development in 'risky slope' by establishing permission standard related to slope types. In addition, this study suggested the ratio of 'risky slope' in the parcel for the permission standard for forestland use conversion.

A Research on the Application of Eco-Friendly Approval Criteria in Forest Land-use (자연친화적 산지이용허가기준 적용 방안 연구)

  • Park, Shin-Won;Choi, Sang-Hee;Cho, Young-Tae
    • Land and Housing Review
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    • v.3 no.1
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    • pp.33-43
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    • 2012
  • The research which it sees is the simulation research for "The Ecological Diversion of Forest Land-Use System". It accomplished the simulation which applies a permission standard, it developed escape it did a model and the basic draft. From the research which it sees in order to investigate the application characteristic of natural intimate mountain district application standard the mountain district whole aspect instance middle actual object a time mountain district use standard about under selecting which it will yell it applied. "Natural intimate mountain district development standard triangular position plan research" from compatibility of the mode of life mountain district whole aspect permission standard which is proposed about under investigating it presented the improvement program and a institutional improvement direction of corresponding standard. About under preserving plan it applies the yearly environment the mountain district to sleep it prepares the foundation for it accomplished the transcendental research for. With the achievement resources which the mountain district has resultantly must preserve a value, limit of the development size it will be able to minimize the effect which it follows in development, the arrangement method back could be proposed, also the case which will use the mountain district where it is damaged induces the development which cabinets to the concept of demobilization, the case which will apply the existing forest resources takes a triangular position with the act it will be able to increase the circulating value of the resources and will do.

Evaluation of Permission Standards for Forest Land-use Conversion using Delphi Technique (델파이 기법을 활용한 산지전용허가기준의 적정성 평가)

  • Park, Youngkyu;Song, Jungeun;Kwon, Soonduk;Kim, Eunhee;Chung, Joosang
    • Journal of Korean Society of Forest Science
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    • v.97 no.6
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    • pp.617-626
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    • 2008
  • Recently, it has been issued whether the current permission standards for forest land-use conversion is adequate or not. This study was aimed at evaluating the propriety of the current permission standards using the Delphi technique, which is one of survey techniques regarding experts's opinions. The results of the survey indicated that the standards related to the connection development restriction and the height of the first berm were underrated in most of the evaluation factors. The size limit and the altitude restriction of the land-use conversion also have a low propriety or applicability due to their vagueness. In case of average slope, its applicability was rated as significantly low because there is no standardized method for estimating or verifying the average slope. A statistical analysis based on coefficient of variation and one-way ANOVA were conducted to examine whether each group of experts agree with these survey results. It is appeared that the survey using Delphi technique could successfully achieved an agreement from each group of experts. Overall, evaluation factors considered in this study seems to be effective to verify the problems of each standards and to guide to improvement of the standards.

Improving the Slope Calculation Method for Evaluating the Feasibility of the Land Development (토지 개발 적정성 평가를 위한 경사도 계산 방법 개선)

  • Lee, Byoung Kil
    • Journal of Korean Society for Geospatial Information Science
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    • v.24 no.3
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    • pp.85-92
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    • 2016
  • Slope is one of the most important factor in land development permission standards. In guideline of "Land Suitability Assessment" or "Forest Land Conversion Standard", average slope can be measured using digital map and GIS for target area. Inputs in slope calculation are 1/5,000 digital map of NGII(National Geographic Information Institute) or digital information of Korea Land Information System. Many confusions occur in the field, as there is no standard for slope calculation and are lots of slope calculation methods using contour lines or DEM derived from them. Avoiding these confusions, this study was intended to propose a standardized method for slope calculation and a selection method for a suitable resolution. In this study, using DEM of optimum grid size according to the complexity of topography with finite difference method is suggested as improved slope calculation method, after comparing several representative slope calculation methods.

A Study on the Improvement of the Development Charges System (개발부담금 제도 개선방안에 관한 연구)

  • Choi, YeunHee;Yu, SeonBong
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.5
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    • pp.61-71
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    • 2019
  • In this study, the constitutional basis of public concept of land and concept of development gains are confirmed, and justification of the development charges system through the precedent of the Constitutional Court is investigated, and suggestions for improvement of fairness and reliability of development charges calculation are proposed. First, it is necessary to develop a system for estimating the development charges for securing transparency of the development charges system, preventing speculative development projects, and streamlining administrative efficiency. Second, it is necessary to prevent bad calculation by institutionalizing the responsibilities of experts to construct specification of the development cost calculation sheet submitted by taxpayers. Third, in order to precisely calculate the development cost, basic data should be specified in conditions for approval from the time of granting permission, or it should be minutely described in development charge treatment regulations.

Development of Ridge Distinction Program of The Mountainous Districts using GIS Program (GIS를 이용한 산지의 능선구분 프로그램 개발)

  • Park, Young-Kyu;Kwon, Soon-Duk;Kim, Tae-Kyun
    • Journal of the Korean Association of Geographic Information Studies
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    • v.10 no.4
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    • pp.87-96
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    • 2007
  • In this study, a Ridge Distinction Program was developed to improve the elevation standard, which is one of standards for mountainous districts conversion permission regulated by the Management of Mountainous Districts Act. To distinguish mountainous districts from other land types, this program assumed that the lower end of the mountainous districts is the outlet points where catchment size is 30ha. Also the program used the halfway line between the ridge and the lower end of the mountainous districts to recognize the upper slope areas. To prevent potential errors within the classification process, the areas that were classified as non-mountainous districts by the current forest type map were removed. According to the classification results by using the developed program, the 58% of the mountainous districts ($696,300m^2$) was classified into the upper slope area, while the only 3% of the mountainous districts ($30,956m^2$) were classified by adopting the current standards for the mountainous districts conversion permission. This result shows that the size of the upper slope areas tends to be altered by the standards defining the area. Therefore, for better acceptance of the Ridge Distinction Program in the associated fields, it is necessary to prove the effectiveness of the program and to revise the current standards for the mountainous districts conversion permission.

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A Study on Mixed-use Development Cases Using Closed Quarry Site of Overseas; the UK and Australia (개발종료 채석장 부지를 활용한 해외 복합 개발 사례에 대한 고찰 : 영국과 호주 사례)

  • Cho, Seungyeoun;Yim, Gil-Jae;Lee, Jin Young;Ji, Sangwoo
    • Economic and Environmental Geology
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    • v.54 no.5
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    • pp.505-513
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    • 2021
  • Recently, housing prices in metropolitan areas is also increasing in the UK and Australia. Their governments are trying to solve this problem by the housing development in the quarry sites near cities. The cases reviewed in this study, Erith Hill Quarry (The Quarry), Plymstock Quarry, Lilydale Quarry (Kinley), and Bombo Quarry are the mixed-used development cases in the closed quarry sites through the urban planning system. In the UK, the local government uses the urban planning scheme such as the planning permit system, section 106. The local government permits the quarry site development on the condition that it provides necessary public facilities, such as schools and affordable housing for the local community. In Australia, local governments use up-zoning permission rights to convert land uses in quarries from industrial to mixed-use. Development plans have to include urban infrastructure and open space in addition to affordable housings. In the case of Australia, establishing a development plan in advance and filling the quarry pit with overburden through a phased development is expected to have the effect of reducing the project cost. Both countries think that developing brownfields, such as quarry sites, is a more sustainable and eco-friendly development from the perspective of future generations than developing new green fields. Such a perspective of the UK and Australia will be able to give policy implications for our slightly rigid urban development system.