a critical evaluation on the concept of justice in planning process

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problems due to the slope of land, such problems shall be avoided through the implementation of technical measures. 3. Various measures against environmental pollution have been prescribed in the plan notes. 4. According to the results of the census that was performed in this region, which is located on the axis of significant transportation routes, the population of the area is 67,000. In spite of the rapidly increasing demography and its elite inhabitants, there are does not own a light industry site. The municipality and the merchants living in the area, are cooperating for the fulfillment of this demand. However, there are various attempts to impede the efforts initiated for this purpose by the property owners living in the region. 5. Currently, about 100 members of light industry are obliged to work under unfavorable conditions, and the improvement of these conditions shall serve public interests. 6. The 6 th Department of the Council of State, who has approved the previous cancellation decision, has acted in line with the “forestation area” that was envisaged in the plan dated 1964, with the scale of 1/25000. Whereas, the decades that have lapsed and the changing conditions that have occurred since then, have given rise to vast differences. For example, the areas that were then designated as olive groves, orchards and woods, are currently replaced by high rise steel and concrete structures. 7. When the lands of the plaintiffs that were previously classified as “fields” were included within the scope of development plan, thanks to the light industry site prospect, a surplus revenue was generated on behalf of the land owners. The scheme of the plaintiffs for generating more surplus revenue is evident from their demands concerning the planning of the area as residential area. The Claims of Greater Municipality of zmir, the Defendant Administration: After outlining the developments regarding the legal action, Greater Municipality of zmir presents the following issues, which are consistent with the previous arguments of the Administration: 1. The area under litigation is planned to be utilized as an area of concentration for the businesses that conduct their operations in a scattered manner within the Balçova district, in a designated “Light Industry Site” that will be organized in a periphery away from the city center. 164
2. As the result of the reexamination of the development plan, the implementation was revised and approved in line with the opinions of the State Water Works (D.S. .) Regional Directorate. 3. The plan does not contain any conflicts with the existing laws and regulations, and is fully compliant with the fundamentals and principles of city planning and public interests. Evaluation of the Expert: In the expert report that was prepared, the similarities and the differences amongst the plan subject to litigation and the new plan are evaluated, and it is concluded that the differences in between the two plans are not fundamental and substantial. It is further assessed that through the introduction of certain marginal modifications relating to the broadening of the road and the green zones, the defendant administrations have attempted to continue the implementation of their plans, in spite of the decision concerning cancellation. In the report, the expert commission has reiterated its previous opinions and has highlighted the following issues: 1. The Plan is against public interests due to the negative impacts that it will have on the natural environment; 2. Due to lack of direct connections to the main axis for transportation, and due to reasons such as traffic problems and inaccessibility, and due to its position that is inconsistent with the criteria concerning land use and selection of location, the plan is not compatible with the fundamental and principles of city planning. 3. Within the context of the “gradual staging in planning” which is mandatory for city planning purposes, since the plan is not in conformity with the decisions concerning “upper scale” (i.e. the Environment Order Plan with the scale of 1/25.000) and since it conflicts with the provisions of Article 6 of Law no. 3194, and the relevant Regulation, the plan is against the Construction Law. In light of the above determinations, the Expert Commission has opined that the passing of a decision for the cancellation of the Master Plan with the scale of 1/5000, 165
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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
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4.2. General Evaluation of Actions
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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 and 172: Municipality has repealed its plans
Page 173 and 174: Expert Report: 1. The purpose of th
Page 175: with the scale of 1/1000 was put in
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
Page 223 and 224: APPENDIX A The Extent of Subject Cl
Page 225 and 226: 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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