a critical evaluation on the concept of justice in planning process

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esolution was approved by the Council of State in 1999, and the Demand for the Revision of the Decision was rejected. 4.4. Objections against the Development Plans and the Subdivision Plans in the Balçova District 4.4.1. Objections against the Light Industry Site and the Development Plans Regarding the Area for Light Industry demanded by the Balçova Municipality, the Master Plan with a scope of 1/5000 was approved by the Greater Municipality of zmir Assembly through Resolution dated 12.12.1994, and numbered 05/265; and the improvement plan with a scope of 1/1000, was approved by the same Assembly on 27.11.1995. The first objections against the approval of these plans were raised in 1995. In the actions that ensued, the objections raised by the administrative courts were deemed as appropriate and a decision was passed regarding the cancellation of the plan. The application to the court of appeal submitted to the Council of State by the defendant party, the Balçova Municipality was rejected and through the rejection of the Demands for the Revision of the Decision, also presented by the Balçova municipality, the cancellation of the improvement plans that were under litigation, have gained decisiveness. During this process, the Balçova Municipality has revised its improvement plans covering the concerned area. The new (revised) plan was approved by the Greater Municipality of zmir Assembly through Resolution dated 16.10.1997, numbered 05/237. Meanwhile, the improvement plans with a scale of 1/1000, were approved by the Balçova Municipality Assembly through Resolution numbered 69, dated16.10.1997, and was put into effect. Nevertheless, the new plans also became the subject matter of objections like the initial plans. While the litigation was in progress, the request concerning the issuance of a construction license to the S.S. Balçova Light Industry Site Construction Cooperative, was accepted by the Balçova Municipality, and a construction license was issued to the concerned Cooperative on 16.04.1999. Regarding the actions that were initiated for the cancellation of the plans for the second time, the administrative courts have decided on the cancellation of the improvement plans under litigation. (December, 2001). Upon this court resolution, the Balçova 158
Municipality has repealed its plans (Decision of the Municipality Council dated 29.07.1999; numbered 243/1668). Subsequent to this decision, the Municipality Council has decreed the “Demolition of the constructions that do not have a license pursuant to Article 32 of the Construction Law, and the imposition of a fiscal penalty amounting to TL 500 million pursuant to Article 42 of the same law, as per the Resolution of the Municipality Council dated 12.04.2001, numbered 101. Upon the passing of the aforementioned resolution, S.S. Yeni Balçova Light Industry Site Cooperative has filed an action on 07.09.2001 (4 th Administrative Court, Legal Basis 2001/746E). The current images of the site are provided in Fig. 4.7). This planning/litigation process that has occurred in the Light Industry Site, must be taken into consideration together with the zmir-Çe me Highway that is undertaken by the Turkish Highway Works and the improvement plans that cover the same region. For, the plans under litigation are relevant to the performance of the implementation plans conducted in the region that was planned as urban working area in the Master Plan with a scale of 1/5000 in 1998, the plans that were approved in 1995, and the implementation of the subdivision plan numbered 62. Prior to the implementation of the plans, the minor enterprises that were operating in the area where the light industry site is located (i.e. the space between the Mithatpa a Road and the Highway (subdivision area no. 62)) were ordered to leave the area pursuant to the evacuation decisions passed between 1995 -1998. (see figure:4.6. the actions under the caption of “evacuation”). The places of business engaged in automotive industry located in the concerned zone, have relocated in the new area designated for them within the borders of the Gaziemir district; however, no space was allocated to the minor handicrafts in the concerned area. Accordingly, the actions that were initiated in connection with the cancellation of the plan entail the examination of the concerned legal actions together with the resolutions concerning the plan, the changes that are experienced in the concerned region and with its relations with the other pending legal actions. When the claims of the parties and the process are taken up as a whole, it becomes possible to develop a better analysis on the issue. 159
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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
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In the legal transformations which
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Narlıdere realized in 1992. By thi
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Although not making any decisions o
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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 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: 7. Objection against the rejection
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. (
Page 213 and 214: Kele , R. (1994) Yerinden Yönetim
Page 215 and 216: Articles and Papers: Akkar, M. (199
Page 217 and 218: Türkçe Sözlük (1974) TDK Yayın
Page 219 and 220: 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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