a critical evaluation on the concept of justice in planning process

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4.2.4. General Evaluation Results of Proceeded Actions As actions that are reflected on judicial control in case study area has been examined, intensity of the objections including decisions and implementations regarding spatial subjects can be observed. These objections concern the decisions of municipalities, General directorate of Highways and zmir No.1 Committee of protection of Cultural and Natural Heritage, as application authorities, by using necessary authorizations defined by laws. 68 Basic demand in these objections is the detailed definition of “appropriateness” of authority, task and responsibility of application authorities with “law and regulations” during implementation process. In another words, plaintiffs apply to legal justice in order their rights on urban space can be defended during legal application process. Proceeded actions control the appropriateness of the implementations and decisions of authorized government office, which have the arrangement authority of urban space, with law and acts and they also present the expectations of defendant and plaintiff parties from urban space. In this extent, numbers and subjects of actions represent the indicators of conflicting urban spatial demands. General <strong>evaluation</strong> results of actions, including all spatial problems without making any administrative/juridical differentiation, are as follows: 1. Number of conflicts/disagreements regarding spatial subjects are considerably high in number. Through 1215 actions in total proceeded between 1992-2003, number of spatial subjects is 965 and number of objections including tasks and other transactions of municipalities is 250. Number of these actions through grand total, as interventions concerning the aim of arranging urban space, indicates the reactions of persons to plan making and approval processes. If plaintiff parties of 965 spatial actions are examined, following results are going to be found; 811 actions (84,04%) by private persons, 63 actions (6,53%) by official institutions, 57 actions (5,91%) by companies, 19 actions (1,97%) by zmir Chamber of Commerce, 12 actions (1,24%) by cooperatives, 1 action (0,10%) by foundation, 1 action (0,10%) by camber of professions (TMMOB Central Office of 68 Development Act No.3194, Act of Municipalities No.1580, Act of Development Amnesty No.2981, Act of Expropriation No.2942, Acts of Protection of Cultural and Natural Heritage No.2863. 128
Chamber of Architects) and 1 action (0,10%) was proceeded by management of an apartment house. Highest ratio of actions according to plaintiffs, with 811 cases, depends on the objections of property owners and private persons that were affected by the transactions directly. Defendants are mayoralties of related settlements, General Directorate of Highways, zmir No.1 Committee of Protection of Cultural and Natural Heritage and Greater Municipality of zmir. Table 4. 10. Spatial Actions According to Plaintiffs Plaintiffs Total Ratio of % Management of Apartment House 1 0,10 zmir Chamber of Commerce 19 1,97 Cooperatives 12 1,24 Chamber of Professions 1 0,10 Official Institutions 63 6,53 Private Persons 811 84,04 Companies 57 5,91 Foundation 1 0,10 Grand Total 965 100,00 2. In the actions regarding spatial subjects, it is claimed that, spatial rights, which were arranged by acts, must be controlled also by acts. 3. Objections to restriction (intervention) procedures on property rights by plan decisions are primary in distribution of spatial subjects. Through these intervention forms; expropriation procedure, subdivision plans, development plan decisions, decisions of committee of protection, interventions on building rights are the subjects that interventions are most intensive. In this study, in the classification of action subjects regarding planning, actions ,including plan making-approval-implementation processes are accepted as actions having first degree relation with planning. By this acceptance, followings are the subjects of actions that have first degree relation with planning; expropriation, subdivision plans, demolition of the buildings without license, penalty of the buildings without license, decisions of the committee of protection, objections to development plans and plan changes. Actions having second degree relation with planning include the subjects like; title-deed, land registration, intervention, determination, compensation, license, taxes and administrative penalty. Through actions regarding urban space, objections having first degree relation with planning in Narlıdere and Balçova settlements can be arranged in order as follows 129
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A CRITICAL EVALUATION ON THE CONCEP
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ACKNOWLEDGEMENTS I would like to th
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ÖZET Bu tez, Türkiye ehir planlam
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2.3.2.The Attained Principles and R
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4.3.3.Objections to Demolition Deci
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LIST OF TABLES Table Page Table 2.1
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1.1. Aim of the Study CHAPTER 1 INT
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urban space. The considered aspects
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e revealed and defended. The practi
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questions, of which the answers are
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problems in legal process, effects
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taken in 1999 regarding the area in
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c. Municipalities of Balçova and N
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CHAPTER 2 THE FRAMEWORK OF JUSTICE
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concepts is the society’s structu
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c. how the procedures are explained
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society rather than the individual.
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economy approaches encounter. As a
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25 Table 2. 1. The Main Emphasize o
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equal citizenship are taken as sett
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2.3.2. The Attained Principles and
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2. that the liberties shall be rest
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y Rousseau, Locke and Hobbes. Forma
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content “rule of law” is descri
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2.4.3. Liberties and Rights in the
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Second Stage Rights and Liberties;
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sources new arrangements in economi
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ack to the limited contents of mini
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2.5. Spatial Considerations Based o
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specific in its redistributive aims
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giving the heterogenous urban visio
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In this approach that is based on a
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social and economic rights and in t
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the state on public space and the c
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I. Part-In General Principles chapt
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Land ownership and its utilization
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egulations are done with Conservati
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account; the efficient use of resou
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of law and justice and preparing th
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eport among legal regulations enact
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financial resources of administrati
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installments starting from 150 mill
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Table 3. 3. Total Number of Househo
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Results of the studies of two impor
Page 89 and 90: public services are among the other
Page 91 and 92: Turkey. Individualistic rights and
Page 93 and 94: a notice hang at the building and o
Page 95 and 96: and give them the statue of being l
Page 97 and 98: important points. First one is shri
Page 99 and 100: applications. Articles 15 and 16 of
Page 101 and 102: gecekondu in this law is made as;
Page 103 and 104: prior subjects in the organizations
Page 105 and 106: establishing a social balance and g
Page 107 and 108: 3.5.2.2. Limitation of Ownership Ri
Page 109 and 110: 3.5.2.3. Individual, Social and Pub
Page 111 and 112: In the legal transformations which
Page 113 and 114: Narlıdere realized in 1992. By thi
Page 115 and 116: Although not making any decisions o
Page 117 and 118: Figure 4.1.A. Detail from Balçova
Page 119 and 120: 107 Derived from the data Planning
Page 121 and 122: 4.2. General Evaluation of Actions
Page 123 and 124: Table 4. 3. All Administrative and
Page 125 and 126: 4.2.1. General Evaluation of the Ac
Page 127 and 128: 115 115
Page 129 and 130: Table 4.5. All Administrative and J
Page 131 and 132: 119 119
Page 133 and 134: 121 Table: 4.8. Administrative and
Page 135 and 136: About Subdivision Plans Proceeded i
Page 137 and 138: 12. Narkent Includes the actions br
Page 139: Table 4. 9. Administrative and Juri
Page 143 and 144: 4.3.1. Actions about Expropriation
Page 145 and 146: decision of zmir-Çe me Highway and
Page 147 and 148: In the claim of Municipality of Bal
Page 149 and 150: monetary/moral difficulties and los
Page 151 and 152: Table 4. 11. Actions of Nullity Pro
Page 153 and 154: which are defined in legal process,
Page 155 and 156: accepted the explanation of “havi
Page 157 and 158: Plans scaled 1/5000 that include Ma
Page 159 and 160: 4. “Decision Amendment Demand”
Page 161 and 162: Table 4. 42. Distribution of Demoli
Page 163 and 164: children’s playgrounds, green zon
Page 165 and 166: shown as a work site in the impleme
Page 167 and 168: court decision will be in favor of
Page 169 and 170: 7. Objection against the rejection
Page 171 and 172: Municipality has repealed its plans
Page 173 and 174: Expert Report: 1. The purpose of th
Page 175 and 176: with the scale of 1/1000 was put in
Page 177 and 178: 2. As the result of the reexaminati
Page 179 and 180: effectiveness of the location of th
Page 181 and 182: located in between the Mithatpa a R
Page 183 and 184: purposes, which is the demand of th
Page 185 and 186: no: 97-98-99 on building block no.6
Page 187 and 188: lands belong to the Treasury”. On
Page 189 and 190: party because documents in court fi
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decisions that are passed on the ba
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Figure 4. 6. Spatial Distribution o
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CHAPTER 5 CONCLUSION 5.1. General C
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5.2. Results of the Transformation
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urban settlers by the urban physica
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5.3. Results of Field Survey In the
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also the legal and legitimacy proce
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etween Özdilek which carries a pri
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career, do not have a common defini
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organization in making the most dis
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Books: REFERENCES Ackerman, B. A. (
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Kele , R. (1994) Yerinden Yönetim
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Articles and Papers: Akkar, M. (199
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Türkçe Sözlük (1974) TDK Yayın
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Lai, C.&Wai, L. (2002) Libertarians
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Sivil taatsizlik (1998), Disiplinle
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APPENDIX A The Extent of Subject Cl
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Personnel Actions for annulment of
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APPENDIX B Examination of Actions B
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demolition decisions are under the
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Explanation of Terms Used in Thesis
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APPENDIX E All Collected Data Inclu
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Conference Papers and Seminar Prese
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