a critical evaluation on the concept of justice in planning process

Turkey. Individualistic rights and freedoms and social and economic rights and duties
defined in articles housing right (article 57), settlement freedom (article 23), ownership
right (article 35), land ownership (article 44), public interest (article 43-44-45-46-47)
and planning (article166) in 1982 Constitution of Turkish Republic found a more
concrete base within the scope of this law. This law can be accepted as a step in taking
precautions balancing the ownership right included in the individual rights and duties
and the right to live in a healthy environment (article 56) and housing rights (article 57)
included in the social and economic rights.
The aim of the Development Law No. 3194 is; determined as the “formation of
the settlement areas and buildings in these areas in accordance with the planning,
technological, health and environmental conditions” (article 1). This law “embraces all
the plans and buildings done within or without the municipality and adjacent (mücavir)
areas.” (article 2) In the first part of the law aim, 1,2 and 3. In the fourth article the
definitions of Development Plan, Implementation Plan, Settlement Plan, City Block,
Plot, Cadastral Block, Cadastral Plot, Building, Adjacent Area, Environment Plan are
made. Relevant administrative offices are municipalities within boundaries of
municipalities and adjacent area, provincial offices and Ministry of Public Works and
Settlement outside these boundaries. As can be understood from the definitions all kinds
of planning and building regulations from the scale of Environmental Planning to
building scale take place within the scope of this law.
In the second part with a title Principles About Development Plans articles like;
planning scales, base maps and development plans, authority of the ministry in
development plans, development programs, expropriation and limitation process; real
estates belonging to public; front line; areas reserved for public services, and servitudes
take place. Third part is about “division and unifying; division of undivided property;
remaining parts from expropriation; plot and land regulations; preparation of
subdivision plans and official registration. Forth part involves articles about buildings;
building permissions; conditions of taking building permission; building permission in
development areas; permission to public buildings; technical responsibilities and
registration of building constructors; permission duration; building usage permission;
buildings without usage permission; illegal buildings; temporary building in public
spaces; measures and obligations about construction, repairs and landscape plans;
excavating the ground; houses of doorkeepers and shelters; car parking.
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