a critical evaluation on the concept of justice in planning process

More documents

Recommendations

Info

words, expresses to orient toward a more just processes by denying that there is equality among the unequal. In Turkish practice, decisions taken about the physical space and principles in planning discipline have the property about how the ownership rights will be used. Therefore, planning discipline and practice should orient toward the establishment of an individual and social balance of the benefit gained by the usage of these rights. In this sense, plan changes on plot scale maximizes the benefit of property owner but at the same time causes insufficiencies in physical space in other words causes the formation unhealthy living environment from the social perspective. In other words because maximization of an individual ownership right is not an arrangement done for a social purpose, it damages the right to live in a healthy and balanced environment which is among the basic human rights. In this sense it is evident that the legal, administrative frame determining the planning practice has serious problems. First field that should be considered in the rearrangement of these practices is putting the supporting rights which are among the third generation rights into agenda and action. Another one is taking new approach and integral consideration on agenda in the practices of these rights theoretically and practically. Integral considerations indicate that planning should involve developing supporting rights and spatial arrangements not only on physical space but also should consider the produced space socially, economically, legally and administratively as a whole system and put into a new frame. Urban space does not develop only by physical plans and is not determined according to the planning discipline principles, only. Administrative organizations, legal arrangements, economic and social fields and their effects diagnostic on urban space are important also, as well as planning discipline. From this viewpoint, it is necessary to take decisions about spatial planning in parallel with this integrity and follow an associated work. Planning discipline will have to occur within the boundaries of legal insufficiencies and within another field of discipline, as long as it depends on the laws and application of these laws. Within the social structure of today, every urban and spatial intervention and decision reproduce values such as ownership, usage type, location and redistribute them among different social groups. This process gains concreteness in the cases of Olympiad Village, Özdilek and Committee of Protection within the field of survey. 188
5.3. Results of Field Survey In the years 2003-2004 a survey was done in the archives of different departments of Municipalities of Balçova and Narlıdere. During this survey files of actions which were proceeded against these two municipalities between 1992 May 2003 were examined. As the result of this survey, 1215 actions among the actions proceeded against the decisions taken by zmir No.1 Committee of Protection of Cultural and Natural Heritage which take place within the boundaries of the municipality were taken into consideration. Total number of actions within the boundaries of Municipality of Balçova is 756. 565 of these actions are proceeded in Administrative Courts and 191 are in Juridical Courts. Total number of 459 actions were proceeded against Municipality of Narlıdere which can be categorized as ; 257 Administrative, 194 Juridical, 8 others (unknown). The reason of the difference of 297 law cases between two municipalities is that there were collective law cases proceeded against the spatial interventions within the boundaries of Municipality of Balçova. While no annulment action was proceeded within the boundaries of Municipality of Narlıdere about zmir- Çe me Highway decision which comprises two municipalities, 180 annulment actions were proceeded in Balçova against this decision. Likewise, although decisions no. 8050 and 8049 which were taken by zmir No.1 Committee of Protection of Cultural and Natural Heritage comprise two municipalities, number of actions about the annulment of this decision is 151 in Balçova and only two in Narlıdere. One of the plaintiffs of these two actions is Municipality of Narlıdere and the other is a citizen who owns a private property within the Municipality of Narlıdere. Municipality of Balçova on the other hand was not a plaintiff in these cases. When studied from this viewpoint it can be concluded that differentiation in number of actions in two settlements results from the collective objections done by the settlers in Balçova. In the second stage of the <strong>evaluation</strong>, actions are categorized according to their spatial properties and according to the details in files. In the <strong>evaluation</strong> of these acts, whether they have any procedure, intervention or decision properties targeting the planning and space was considered. Another important point was the spatial effects of this intervention on individuals, society and public organizations. As a result it is seen that 965 actions take place under the titles space and planning. In other words, it can be concluded that total number of 1215 actions of Municipalities of Balçova and Narlıdere 189
Page 1 and 2:
A CRITICAL EVALUATION ON THE CONCEP
Page 3 and 4:
ACKNOWLEDGEMENTS I would like to th
Page 5 and 6:
ÖZET Bu tez, Türkiye ehir planlam
Page 7 and 8:
2.3.2.The Attained Principles and R
Page 9 and 10:
4.3.3.Objections to Demolition Deci
Page 11 and 12:
LIST OF TABLES Table Page Table 2.1
Page 13 and 14:
1.1. Aim of the Study CHAPTER 1 INT
Page 15 and 16:
urban space. The considered aspects
Page 17 and 18:
e revealed and defended. The practi
Page 19 and 20:
questions, of which the answers are
Page 21 and 22:
problems in legal process, effects
Page 23 and 24:
taken in 1999 regarding the area in
Page 25 and 26:
c. Municipalities of Balçova and N
Page 27 and 28:
CHAPTER 2 THE FRAMEWORK OF JUSTICE
Page 29 and 30:
concepts is the society’s structu
Page 31 and 32:
c. how the procedures are explained
Page 33 and 34:
society rather than the individual.
Page 35 and 36:
economy approaches encounter. As a
Page 37 and 38:
25 Table 2. 1. The Main Emphasize o
Page 39 and 40:
equal citizenship are taken as sett
Page 41 and 42:
2.3.2. The Attained Principles and
Page 43 and 44:
2. that the liberties shall be rest
Page 45 and 46:
y Rousseau, Locke and Hobbes. Forma
Page 47 and 48:
content “rule of law” is descri
Page 49 and 50:
2.4.3. Liberties and Rights in the
Page 51 and 52:
Second Stage Rights and Liberties;
Page 53 and 54:
sources new arrangements in economi
Page 55 and 56:
ack to the limited contents of mini
Page 57 and 58:
2.5. Spatial Considerations Based o
Page 59 and 60:
specific in its redistributive aims
Page 61 and 62:
giving the heterogenous urban visio
Page 63 and 64:
In this approach that is based on a
Page 65 and 66:
social and economic rights and in t
Page 67 and 68:
the state on public space and the c
Page 69 and 70:
I. Part-In General Principles chapt
Page 71 and 72:
Land ownership and its utilization
Page 73 and 74:
egulations are done with Conservati
Page 75 and 76:
account; the efficient use of resou
Page 77 and 78:
of law and justice and preparing th
Page 79 and 80:
eport among legal regulations enact
Page 81 and 82:
financial resources of administrati
Page 83 and 84:
installments starting from 150 mill
Page 85 and 86:
Table 3. 3. Total Number of Househo
Page 87 and 88:
Results of the studies of two impor
Page 89 and 90:
public services are among the other
Page 91 and 92:
Turkey. Individualistic rights and
Page 93 and 94:
a notice hang at the building and o
Page 95 and 96:
and give them the statue of being l
Page 97 and 98:
important points. First one is shri
Page 99 and 100:
applications. Articles 15 and 16 of
Page 101 and 102:
gecekondu in this law is made as;
Page 103 and 104:
prior subjects in the organizations
Page 105 and 106:
establishing a social balance and g
Page 107 and 108:
3.5.2.2. Limitation of Ownership Ri
Page 109 and 110:
3.5.2.3. Individual, Social and Pub
Page 111 and 112:
In the legal transformations which
Page 113 and 114:
Narlıdere realized in 1992. By thi
Page 115 and 116:
Although not making any decisions o
Page 117 and 118:
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 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 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: urban settlers by the urban physica
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
Page 235 and 236: Conference Papers and Seminar Prese
show all

a critical evaluation on the concept of justice in planning process

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?