a critical evaluation on the concept of justice in planning process

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,
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