The historic and cultural environment preservation area is a designated space to preserve the historic and cultural environment of the area around the cultural property. The development activities in the area should be considered individually by the p...
The historic and cultural environment preservation area is a designated space to preserve the historic and cultural environment of the area around the cultural property. The development activities in the area should be considered individually by the permission standards of the Cultural Properties Protection Act and the permission requirements of the urban planning prescribed by the National Land Planning and Utilization Act. In the same land, the permissible standard and the urban planning regulation standard have separate normative power and are recognized as overlapping regulations, and the gap between the permissible standard and the urban planning regulation is large, so it is considered as infringement of property rights. Therefore, it is necessary to unify the development regulation and management standard.
Therefore, this study reviewed the regulatory plan in the use area and the use area (historical cultural environment protection district) and the district unit planning area, which are urban management plans in the historical and cultural environment preservation area, and compared and analyzed the regulation contents of the permit standard and the urban management plan, and suggested a plan for unification.
The permissible standards applied to development activities in the historical and cultural environment preservation area are limited to the size and use of the building, and the regulatory category is similar to urban planning regulations. In detail, while the permissible standard limits the development area to a certain height and area, the urban planning regulation standard can be planned differently according to the characteristics of the land by applying the floor area ratio.The merging of regulatory standards considering the diversity of architectural plans by individual land is more reasonable to unify the permissible standards into urban planning regulations.
The merging of the permissible standard and the urban planning standard can specify the scope of regulation application in the urban management plan, and it is most reasonable to unify it into a district unit plan that can re-separate the entire scope similar to the permissible standard and set the regulatory standard.
As for the unification into the district unit plan, the characteristics of each cultural heritage contained in the current permissible standard should be fully considered, and the development activities in the individual review area in the historic and cultural environment preservation area, which requires overall review by cultural heritage experts, should be operated in harmony with the cultural heritage protection statute and the urban planning statute, or unified into the cultural heritage protection statute.
In addition, permission for development activities in the historic and cultural environment preservation area should reflect the opinions of both cultural property experts and urban planning experts so that cultural property preservation and regional development can be balanced, and a committee involving cultural property experts, architects and urban planning experts should be activated.