a critical evaluation on the concept of justice in planning process

and give them the statue of being legal. This behavior means the joint of building,
stocks which have poor health conditions and which have high risk into the public
responsibility area. Ownership definition in Disaster Law disregards whether the
buildings are illegal or whether they have or have not taken the necessary technical
precautions. This encourages the illegality in buildings and puts great financial burden
on the state after a disaster.” (age. xi-xii)
There are some other points other than the ones mentioned above when
Development Plan is accepted as the most concrete documentary about realising “the
right of living in a healthy environment”. Besides having the opportunity of living in a
healthy environment as stated in the 1982 Constitution; clean air, clean water and
accessibility all other natural resources, it also includes that every citizen should also
has the opportunity to access to urban services like health, education, green area,
cultural areas and transportation from the place he lives. Regulations about realising
these second stage opportunities take place in the “About Making and Changing
Implementation Plans” accepted in 1985. In the article 10 of this regulation it is
determined that “minimum standards shall be obtained in the social and technical areas
as defined by regarding the existing conditions of the planned areas and their future
requirements during making and changing processes of implementation plans at every
scale.”(Odyakmaz; 2001). Standards mentioned here states the minimum standards
necessary for a healthy urban environment. In the cities of today it is impossible to
mention the existence of a settlement with these standards. In order to determine the
standards both in Development Plans and Implementation Plans, the population of the
area is needed to be known as determined in the law no. 3194 and in its regulations.
With population projects the areas needed for facilities will be evaluated and
consequently located selection of these facilities will be realised during the planning
process. In order for the complete realisation of this process with an optimistic
possibility either no plan change requests should be made or the changes should be
made according to the conditions which take place in article 21. It is known that making
changes on plot base with piecemeal plans and plan changes are very prevalent. In this
case, it is impossible to say that article 21 determining the conditions that should be
considered in changes on implementation plans is applied efficiently.
It is impossible for minimum standards, application of article 18, controls on
buildings which take place among the tools determined by law no. 3194 for constituting
a healthy environment to acquire functionality unless an organisation about the
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