a critical evaluation on the concept of justice in planning process

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Building license demands have been rejected in this region with parallel to the development of the axis, however illegal constructions regarding different land uses continue informally. 2. Additions storeys and annexes of building in existing residential area without license. Locations of the proceeded actions of objections regarding demolition decisons are shown in Fig.4.6. It can be seen in the figure that, actions regarding demolition decisions in Balçova settlement concentrate in first and second degree geothermal protection zones and in Korutürk, Teleferik, Onur quarters inside residential area boundaries. In nciraltı and Bahçelerarası quarters, there is not any existing action regarding demolition decision. As a result of the land use working and the interview from the municipality departments, it was seen that most of the demolition decision taken by the courts do not applicated. 4.3.4. The Demand Concerning the Cancellation of the Subdivision Plan Article 18 of Law No. 3194, is acknowledged as one of the important instruments in the implementation of the subdivision plans. The Subdivision process that is applied pursuant to this article, which regulates the Improvements that are Made on Lands and Lots, can be defined as the process of separation of the lands and lots that are included within the borders of the development plan in accordance with the cadastre and/or development subdivision, without having to receive the consent of the owners of the property. The authorization to execute and approve the subdivision process within the borders of a given municipality, belong to the concerned municipality. Subdivision plan involves the acquisition of a portion of up to 35% of the real property under private ownership without expropriation, for purposes of utilization as public areas. In Article 18 of the Construction Law, and in the “Regulation Concerning the Principles Relating to the Improvements on Lands and Lots to be Applied Pursuant to Article 18 of the Construction Law, which was put into effect in 1985, it is stipulated through a provision that provided that it does not exceed a proportion of 35%, privately owned real property may, for one time only, be allocated to the use of general services that are needed in the reconstructed areas, such as roads, squares, parks, parking lots, 150
children’s playgrounds, green zones, mosques or police headquarters; or to the service of the establishments and organizations who are involved in the rendering of such services. The districts of Balçova and Narlıdere have filed 114 actions with demands concerning the cancellation of 31 separate subdivision plans in general. The subdivision plans implemented by the municipalities of Balçova and Narlıdere, which are currently under litigation, are provided in Table 4.9. In the case of Narlıdere, the subdivision plans numbered 112 and 112/1, belong to the same area. Following the cancellation of the subdivision plan numbered 112 upon court decision, subdivision plan numbered 112/1 was developed; yet the concerned plan has also become the subject matter of a litigation process. Similarly, the subdivision plans numbered 120 and 121 are also plans that have been developed in the same area. Following the cancellation of plan No. 120 upon court order, plan No. 121 was developed; yet, this plan has also become the subject matter of a litigation. The same process is also in question for the plans numbered 127 and 127/1. In the Balçova district, subdivision plans numbered 56 and 74 are plans that have been developed for the same area. ( bankası Evleri) In the Balçova detail, the locations of the subdivision plans, the subdivision borders and the plots of the plaintiff parties, are illustrated in Figure 4.6.. The examination of the actions initiated to date, will show that the scope of the objections on the whole also include the objections that are related to the development plans In this sense, the plaintiffs are also objecting against the development plans that have come up in the agenda concurrent with the subdivision plans. The actions are initiated on the basis of the claims of the property owners on grounds that the improvements that are introduced no not protect the ownership rights, and that the rules set forth in Article 18 and the pertinent legislation are being disregarded. Regarding the Balçova case, the subdivision and the development plans that constitute the subject matter of the objections, are evaluated in the Subdivision Plan Example 62, under section 4.4.2. 151
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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
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public services are among the other
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Turkey. Individualistic rights and
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a notice hang at the building and o
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and give them the statue of being l
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important points. First one is shri
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applications. Articles 15 and 16 of
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gecekondu in this law is made as;
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prior subjects in the organizations
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establishing a social balance and g
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3.5.2.2. Limitation of Ownership Ri
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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 and 140: Table 4. 9. Administrative and Juri
Page 141 and 142: Chamber of Architects) and 1 action
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: Table 4. 42. Distribution of Demoli
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
Page 191 and 192: decisions that are passed on the ba
Page 193 and 194: Figure 4. 6. Spatial Distribution o
Page 195 and 196: CHAPTER 5 CONCLUSION 5.1. General C
Page 197 and 198: 5.2. Results of the Transformation
Page 199 and 200: urban settlers by the urban physica
Page 201 and 202: 5.3. Results of Field Survey In the
Page 203 and 204: also the legal and legitimacy proce
Page 205 and 206: etween Özdilek which carries a pri
Page 207 and 208: career, do not have a common defini
Page 209 and 210: organization in making the most dis
Page 211 and 212: 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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