Background

• A project developer, having obtained a building permit for the installation of an incineration facility and recycling facility, proceeded with the project and subsequently applied for an amendment to the building permit to reflect a change in the site area.
• The competent local government revoked the building permit on the grounds of non-commencement of construction and alleged impossibility of project completion, and further denied the application for amendment to the building permit, citing reasons including a negative determination in the small-scale environmental impact assessment, failure to meet the requirements for development activity permits, and concerns over aggravated environmental damage due to the concentration of incineration facilities.

 

Work Scope

• Reviewed the legal framework governing revocation of building permits under the Building Act and analyzed relevant precedents
• Conducted legal analysis of development activity permits under the National Land Planning and Utilization Act and reviewed related case law
• Submitted inquiries to and obtained official responses from the Ministry of Land, Infrastructure and Transport regarding the applicability of exceptions to development activity permit requirements
• Represented the client in litigation seeking revocation of the building permit revocation disposition and confirmation of nullity of the denial of the amendment to the building permit

 

Results and Implications

• ELPS conducted a thorough analysis of the factual background and applicable legal principles, and successfully argued that the failure to commence construction was attributable to the local government, while the completion of the project remained feasible. In addition, based on relevant case law, official interpretations by the Ministry of Land, Infrastructure and Transport, and established administrative practice, ELPS demonstrated that the building permit in this case fell within an exception to development activity permit requirements concerning “change in land form,” and that the review process for “construction of buildings” had been lawfully completed.
• Furthermore, after arguing that changes to the site area do not constitute grounds for a permit to amend building permit conditions, we secured a final judgment in our favor, which overturned the revocation of the building permit and confirmed that the decision to deny the amendment of building permit conditions was invalid.