a critical evaluation on the concept of justice in planning process

een made by the principle decision of Ministry of Culture – Supreme Committee of
Protection of Cultural and Natural Heritage that has been established by the Act
No.2863. However, these decisions have often been changed. According to the
observations on the area and <strong>evaluation</strong>s of necessary documents, it has been noticed
that, regarding area has been occupied by commercial buildings, touristic buildings,
education buildings, highways, residences (villas and dwellings). Settlements have
entered a functional alteration process because of rapid and intensive building demand
and pressure. As the Act on Protection of Cultural and Natural Heritage No.2863
(Decision Amendment No.3386) and related regulations are evaluated according to
principle decisions of Supreme Committee by considering public interest, it has been
noticed that, regarding area has the characteristics of being a natural site according to its
ecologic elements and landscape structure like; topographic/geomorphic features, local
climatic conditions, hydrographic and natural flora as a whole. However, as a result of
site grading <strong>evaluation</strong> by considering socio-economic and cultural needs of the urban
area with other criteria, it has been decided that, related area does not have the
characteristics appropriate with the definition of first degree natural site. According to
this conclusion, in the condition of changing site degree of the area that causes
litigation; it will be possible to continue and protect its natural site characteristics as a
whole.”
As a result of the studies on the area realized by considering public interest,
expert committee has decided in legal frame that “the area has the characteristics of
being a natural site, however, it is not a first degree natural site.” By the observations
they made on the area, expert committee also exposed the aimless land use and
occupation on the area. Although socio-economic and cultural needs of the city have not
been clarified, they claimed that, site grading of the area for these needs were not
appropriate with acts and regulations.
In the actions proceeded in Administrative Courts in zmir, court decisions,
which base on these expertise reports, can vary. Two different decisions have been
taken by the courts. First one is the annulment of the procedure that has caused
litigation, which means the decision of acceptance of the action in favour of plaintiff.
These decisions claim that, natural site decisions are not appropriate with law. In second
kind of decisions, courts have accepted the procedure causing litigation as appropriate
with law, and have rejected the action against the plaintiff and approved the decisions of
the committee. These courts, who decided the rejection of action against plaintiff, have
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