a critical evaluation on the concept of justice in planning process

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APPENDIX C Development Plans in Force in Balçova and Narlıdere Settlements and Approval Dates of These Plans Development Plans in Force in Balçova Settlement: NO Date of Approval Title of the Plan 1 1981 Development Plan of Balçova 2 1982 Plan of “57’liler” Housing Cooperative 3 1982 Health Resort Area 4 1984 1 st Stage Development Plan Revision 5 1986 2 nd Stage Development Plan Revision 6 1986 Master Plan of “Esentepe” Stone Quarry and Its Neighbourhood 7 1988 Balçova Multifunctional Town Center 8 1994 Development Plan Revision of “Köyiçi” and Its Neighbourhood 9 1995 Municipal Facility Area (Daily Trade) 10 1997 Highway Revision of “E itim” Quarter 11 1998 Plan Changes on Map No. 22K-4C and 21K-4D 12 1998 Development Plan Alteration Between Two Roads 13 1998 Coversion of Recreation Area Into Residential Area 14 1998 Additional Development Plan 15 1998 Development Plan of Telpher Complex 16 1998 Revision on Üçkuyular Map No. 22K-3A 17 1998 Addition of Plot to Cemetry Area 18 2000 Development Plan Revision in “Teleferik” Quarter 19 2000 Additional Development Plan on Map No. 20K2,20L1 20 2000 Plan Alteration in Plot No.62 21 1999 zmir No.1 Committee of Protection of Cultural and Natural Heritage – Site Decision No.8050 Development Plans in Force in Narlıdere Settlement: NO Date of Approval 1 1981 Title of the Plan Development Plan of Narlıdere 2 1985 Decision of Military High School in 1/5000 Master Plan of Narlıdere 3 1987 Narlıdere 1 st Stage Development Plan Revision 4 1988 Peacemeal Plan of “Arıkent” Housing Cooperative 5 1988 Determination of Fisher’s Shelter 6 1989 Peacemeal Plan of “Özmavikent” Housing Cooperative 7 1989 Narlıdere 2 nd Stage Development Plan Revision 8 1990 Rest Home Area of General Directorate of Retirement Fund 9 1995 Additional Development Plan and Mass Housing Development Plan 10 1996 Development Plan Revision of “2 nd nönü” Quarter Plot No.1972 11 1997 Development Plan Revision on Map No. 22I-2A, 2B 12 1999 zmir No.1 Committee of Protection of Cultural and Natural Heritage – Site Decision No.8049 218
Explanation of Terms Used in Thesis APPENDIX D Action / Case / Litigation: Dava Action of Nullity: ptal Davası Adjacent Mücavir Administrative: dari Alteration: Tadilat Amnesty: Af Annulment / Nullification: ptal Appeal: Temyiz Appraisement: Kımet Takdiri Article: Madde Authority: Yetki / Mercii Barter: Trampa Breaking of Seal: Mühür Fekki Built-up Area: Yerle ik Alan Cautionary Judgement: htiyati Tedbir Civil Court of First Instance: Asliye Hukuk Mahkemesi Civil Court of Peace: Sulh Hukuk Mahkemesi Civil Court: Hukuk Mahkemesi Civil Panel of Supreme Court of Appeals: Yargıtay Hukuk Dairesi Clause: Fıkra Commercial Court: Ticaret Mahkemesi Committee of Protection of Cultural and Natural Heritage: Kültür ve Tabiat Varlıklarını Koruma Kurulu Confiscation: El Koyma Conflict / Dispute / Disagreement: htilaf / Uyu mazlık / Anla mazlık Consolidation: Birle tirme Conversion: Dönü üm Council of State: Danı tay Counsel: Vekil County: lçe Court of Appeals: Temyiz Mahkemesi Court of Enforcement: cra Mahkemesi Court: Mahkeme Criminal Court of First Instance: Asliye Ceza Mahkemesi Criminal Court of Peace: Sulh Ceza Mahkemesi Defendant: Davalı Demolition: Yıkım Development Act No.3194: 3194 Sayılı mar Kanunu Development Plan: mar Planı (Genel) Directorate of Law Affairs: Hukuk leri Müdürlü ü Dismissal: Men Dissolution of Attachment: Haczin Kaldırılması Easement: rtifak Hakkı Equality: E itlik Evacuation: Tahliye Greater Municipality of zmir: zmir Büyük ehir Belediyesi Headman of Quarter: Mahalle Muhtarı Implementation Plan: Uygulama mar Planı (Ö: 1/1000) In Force: Yürürlükteki Interest: Yarar Judicial: Yargı 219
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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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119 119
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121 Table: 4.8. Administrative and
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About Subdivision Plans Proceeded i
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12. Narkent Includes the actions br
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Table 4. 9. Administrative and Juri
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Chamber of Architects) and 1 action
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4.3.1. Actions about Expropriation
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decision of zmir-Çe me Highway and
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In the claim of Municipality of Bal
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monetary/moral difficulties and los
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Table 4. 11. Actions of Nullity Pro
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which are defined in legal process,
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accepted the explanation of “havi
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Plans scaled 1/5000 that include Ma
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4. “Decision Amendment Demand”
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Table 4. 42. Distribution of Demoli
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children’s playgrounds, green zon
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shown as a work site in the impleme
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court decision will be in favor of
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7. Objection against the rejection
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Municipality has repealed its plans
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Expert Report: 1. The purpose of th
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with the scale of 1/1000 was put in
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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
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: demolition decisions are under the
Page 233 and 234: APPENDIX E All Collected Data Inclu
Page 235 and 236: Conference Papers and Seminar Prese
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