a critical evaluation on the concept of justice in planning process

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8. The implementation plan is inconsistent with the Master Plan. 9. In its present form, the plan is in contrariety with the Constitution and the principle of equity. The Claim of the Defendant: Administration of Balçova Municipality 1. Since the statute of limitation for 60 days prescribed in Law No. 2577 for initiating legal action has expired, the litigation should be rejected, as it has become overdue. 2. The implementation plans with the scale of 1/1000, were prepared in due conformity with the Master plans, and were put into effect subsequent to their approval by the Greater Municipality of zmir. In the Master Plan, the region was classified as “M2 Working area”. According to the plan notes, “This area can be allocated to schools, dormitories, business centers, all types of commercial and entertainment facilities, hotels, motels, shopping malls, local and regional public establishments; however, it cannot be allocated to residential use.” There is an obligation that the implementation plans must conform with the Master Plans. Therefore, the plans do not conflict with the Law. (2 nd Administrative Court 1995/1171 E; 1991 KN). Expert Report In the report that was drawn up a three-person expert committee, two different arguments have been set forth. The arguments that are shared by both sides, are as follows: 1. Since the area under litigation was planned as “working area” in the Master Plans with the scale of 1/5000; and since the plans with scale of 1/1000 were prepared in compliance with this plan, the reclassification of this area as a residential area, is in conflict with the planning principles and the construction legislation. 2. The subdivision plans no. 62 that is under litigation, have been prepared for purposes of meeting the construction plots and the common grounds in sizes that are required for the working areas. Accordingly, this application is in conformity with the principles of arrangement. Due to the above reasons, it was decided that the development plans and the subdivision plans were consistent with the planning principles and public interests. The issue, against which negative votes were raised, involves the second article above. According to the counter arguments, the utilization of the land for residential 170
purposes, which is the demand of the plaintiffs, cannot be acceptable for this area. However, the size of the plot and the conditions for construction envisaged in the plan implicate certain drawbacks. The minimum condition of allotment of 10,000 m2, shall give rise to the occurrence of joint possession and certain conflicts arising in connection with joint possession. The reduction of the condition for minimum allotment shall be recommendable in order to alleviate the conflicts amongst the landowners and to ensure the improvement of the area as soon as possible. Consequently, the portion of the subdivision plan that belongs to the plaintiff is not consistent with the fundamentals and principles of city planning and public interests. Resolution of the Administrative Court In the administrative courts, the decisions passed were in line with the majority opinions contained in the report and consequently, it was resolved that the cases shall be rejected from the standpoint of the plaintiff party. The plaintiffs of the seven of the actions have submitted the case to the court of appeal and that at the current stage, the appeal was approved by the Council of State. The demand for the revision of decision submitted by one of the parties was rejected. Upon the completion of the litigation process, the implementation of the concerned plans were initiated. (The images of the area are presented in Figure:4.7.) 4.6. Olympiad Village There are two actions examined under “olympiad village” title which have different characteristics and contents like; ownerships rights and objection to implementation plans. The transaction that is the subject of these two cases has been started in 1970’s. Thus, most of data have been obtained from the information files prepared by plaintiff parties. Plaintiff Parties and Development of the Case In 1970’s, with the decision no.3 dated 08.10.1971, Municipality of Balçova decided to subdivide and sell the building block no. 671 and plot no.94 (new no’s. 97, 98, 99) inside their municipal boundaries in order to prevent the construction of “gecekondu”. Title-deeds of some plots could be taken before military intervention in 171
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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
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4.2.1. General Evaluation of the Ac
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115 115
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Table 4.5. All Administrative and J
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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 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: located in between the Mithatpa a R
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
Page 227 and 228: APPENDIX B Examination of Actions B
Page 229 and 230: demolition decisions are under the
Page 231 and 232: Explanation of Terms Used in Thesis
Page 233 and 234:
APPENDIX E All Collected Data Inclu
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Conference Papers and Seminar Prese
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