a critical evaluation on the concept of justice in planning process

which are defined in legal process, natural and environmental value concepts of these
rights.
Basis of Defendant Party’s Decisions
As the decisions of zmir No.1 Committee of Protection of Cultural and Natural
Heritage examined, following points can be summarized:
1. Decision depends on international agreements
2. During decision making process, opinions regarding the subject have been taken
from universities situated in zmir and opinions of different profession
organizations have been considered.
3. Legal arrangements, which are the basis of decisions, have given necessary
authority and liability to the committee. 78
During decision making process, it has been seen that; reports, which state
opposite claims of plaintiff parties, haven been existed in the files of the committee. In
these reports, site characteristics of Dalyan area have been determined and opinions
regarding protection area have been existed. Furthermore, it has also been realized that,
comprehension of protecting urban natural areas for public and social interest has
constituted tha basic principle of committee’s decision.
Technical Report of Experts
Followings are the subjects that have to be explained by the expert committee
appointed by the common decision of the authorized courts;
“As a result of the <strong>evaluation</strong> realized by the determination and examination of
the area, where the plots causing litigation exist, as a whole in order to expose whether
regarding area has the characteristics of being a first degree natural site or not,
furthermore, a concrete determination with the consideration of public interest has been
required in order to suggest; in the condition of taking the area out of site decision how
will this wholeness affected.”
In the extent of this examination, following <strong>evaluation</strong>s have been stated in the
report submitted by the expert committee;
“In the Act on Protection of Cultural and Natural Heritage No.2863, a concrete
definition of “natural site” has not been made. However, more concrete definitions have
78 Detailed examinations exist in the Decisions No.8050 and No.8049 dated 01.07.1999 of zmir No.1
Committee of Protection of Cultural and Natural Heritage.
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