Government legislation ministry says minor urban plan changes need not be published

The government legislation ministry said Thursday that private developers who make minor changes to urban planning facility projects after completing construction inspections are not required to have those changes published, in an interpretation that narrows the reach of the National Land Planning and Utilization Act. The ruling answered a query from Jeonju, North Jeolla Province.

The ministry found that Article 91 of the act, which obliges the land minister, provincial governors and mayors of large cities to publish implementation plans they draw up, approve, revoke or allow to lapse, does not cover the cases at issue. Companies and other private operators that change minor details under the act's exemptions are neither among the bodies that draft plans nor subject to approval.

Under Article 88 of the act, private developers must obtain approval for implementation plans but are exempt when they are changing minor matters prescribed by ministerial decree after a completion inspection, or when altering minor details of an already approved plan.

The ministry said Article 88 sets out no separate procedure for reporting such changes, while Article 100 of the enforcement decree, issued under Article 91's delegation, governs the method and items of publication but does not require minor changes to be included.

The ruling rejected the argument that residents' right to be informed requires publication even for minor changes. The ministry said Article 91 cannot be stretched beyond its wording to reach changes it does not cover.

The ministry suggested that lawmakers consider whether to oblige private developers to report minor changes to the land minister and require the minister to publish them.