a critical evaluation on the concept of justice in planning process

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4.4.1.1. The Claims of the Parties in the Actions Concerning the Development Plan for the Light Industry Site 4.4.1.1.1. First Phase of the Action Claims of the Plaintiff: 1. The area that was designated as the Light Industry Site is a piece of land containing olive trees and pine trees, with a slope of 55-60%. With the construction of the Light Industry Site, the olive trees and the pine trees in the area will be cut down and this beautiful pastoral landscape will be destroyed. 2. Access to the region other than the Balçova main artery, is impossible. The traffic that will be created due to the places of business to be located in this area, will result in the occurrence of an unmanageable traffic jam in the Balçova area. 3. The planning that has been developed implicates very serious drawbacks from the standpoint of city planning. The area in question must be designated and planned as residential are with gardens. 4. Prior to the approval of the development plan with a scale of 1/1000, Balçova Municipality has initiated the expropriation procedures. The working machines have already begun their operations in the land, which means that Balçova Municipality is determined to put the plan into practice. The Defendant: Balçova Municipality Management 1. When this area located between the Mithatpa a Road and the zmir - Çe me Highway was allocated for other purposes as the result of the development plan 81 that was put into implementation, the car repair shops, carpentry workshops, and blacksmith shops that were located in the area, were decided to be demolished. The regulation under litigation was formulated in order to prevent the suffering of concerned small merchants from economic losses. The topographical structure of the concerned land is not suitable for residential purposes. Moreover, the plan has been developed for public interests. It is also consistent with the zoning and city planning rules. 81 The area in question is the area that will be mentioned later on in the plotting plan no. 62 and the development plans on which the said plotting plan is based. 160
Expert Report: 1. The purpose of the city planning discipline is to ensure that the urban activities, that entail urban land use, are positioned in the most appropriate locations and magnitudes, in the available physical space, and to ensure an effective and efficient transportation and communication system among such activities. The principles in the selection of space identified for this for this purpose, consist of the principles relating to the slope of the land, capability of the ground, endemic plantation of the area, ownership structure, the compatibility-incompatibility of the land for other types of utilization, the vicinity- remoteness of the area, the magnitude of the land and its potential for development, its distance to the existing and planned transportation systems, etc. The objectives of such criteria, are to ensure the objective, efficient and effective planning, and to improve social welfare. These criteria enable the city planners to develop a healthy, safe and esthetic urban landscape and to protect the natural environment. 2. Based on the aforementioned criteria, the are that is the subject matter of litigation, must be entirely disallowed for constructions. It is an area that should be kept under protection, and that should be strictly disallowed for urban development. The planning of such a piece of land as urban area, shall conflict with all planning rules and principles, as well as public interest. The plantation on the landscape should be protected for the avoidance of erosion and floods. 3. The slope of the land makes it unsuitable for its utilization as a residence area; the utilization of this piece of land for small industry, would be inconceivable with regard to the rules of city planning. 4. The projected utilization that is currently under litigation, implicate a high risk of fire and environmental pollution. The utilization of such a landscape and the forest areas that are highly sensitive against such risks, will be grossly incompatible with the city planning principles and public interests. 5. The proposed area, does not offer any expediencies with respect to access and transportation in terms of city traffic. As a rule, such areas should be utilized for no other purposes besides green zones. 6. The fact that the shops located in the Mithatpa a Road are being demolished, shall not justify the planning of the area under litigation as a light industry site. 7. In the Construction Law and the relevant Regulation, it is clearly stipulated that the development plans must be in conformity with the Master Plans with bigger scale. The 161
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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
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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 and 170: 7. Objection against the rejection
Page 171: Municipality has repealed its plans
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
Page 221 and 222: 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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