a critical evaluation on the concept of justice in planning process

Fifth part involves; preparation and application of base map projects,
development plans and building projects; building about to demolish; measures that
should be taken for the safety of public; front elevations of plots; punishment decisions;
decisions removed from the effect; regulations; adjacent area. Sixth part involves
articles like decisions about Bosphorus (Bo aziçi) Law No. 2960; seventh part,
“temporary decisions and regulations, execution”.
Intervention About Land/ Plot Ownership: It tries to provide the right to live in a
healthy environment and establish balance between these rights and with article 18 this
is tried to be established. According to this article; 35% 50 of the plots with or without
any buildings is deserted for the usage of public services like road, squares, parks, car
parking areas, play grounds, green areas, worship areas, police station. In the conditions
where these requirements cannot be met, for the remaining part expropriations will be
realized by the municipalities and provincial administrators. This article which is
accepted to form conditions needed for the right to live in a healthy environment and for
the public interest is applicated with subdivision plans. In the regulation about
subdivision plans application conditions and principles are determined in detail. Within
the scope of the law, the corporation rate is applied equally on each plot within the
planned are whatever their areas or plan decisions may be. This equality is acceptable
on areas which do not have enough area for a unit of house after DOP, and also at the
areas where green areas and dense housing areas exit at the same plan. This article also
has the risk of losing the existing shelters. It also has the risk of inequality when plan
decisions are taken disregarding the ownership rights.
Development Plan no. 3194 gives the duty, responsibility and authority in
planning to the municipalities and provincial administrators( articles 5,7,8).
Sanctions about Demolishing and Financial Punishments: Controlling the spatial
planning on building scale takes place of articles 32 and 42 of law no.3194.
Article 32 of law no. 3194 determines the conditions that should be applied by
the relevant institutions about “illegal buildings”. It is started in this article that “expect
the buildings that will be built without a permission, if a building is built without a
permission or against the permission and if it is determined by the administrator or
technical responsible or by a denunciation or by another kind of way the construction is
stopped immediately”. It is started that stopping process is notificated to the owner with
50 This ratio is increased to 40% with a change of law.
80