a critical evaluation on the concept of justice in planning process

applications. Articles 15 and 16 of Development Law No. 3194 cannot be practiced in
the processes about the division and joiner of real properties within this content.” 56 With
this decision which puts the local governments out of session during the planning
process, the realisation of the privatisation of development rights on the plots/lands will
be caused also beyond the privatisation of plots/lands itself. Likewise it is known that
many suits were open in the courts about the cancellation of implementation plans and
removal of national treasure lands which are spared for common usages in
implementation plans from these kinds of usages (Özdemir; 1994; 499). This process
seen in Turkish practice causes an unplanned and spontaneous development in
urbanisation process which has not caught the housing and healthy environmental
conditions in urban space yet besides the shrinking policies of the state. At this point,
the right of living in a healthy environment in urban space is almost out of question
especially for low-income city dwellers within the free market conditions. From this
viewpoint “expropriation” procedures conflicts with “privatisation” policies in the
realisation of facilities in cities.
It is known that attempts of “shrinking the state” have many social effects like
social inequalities, increases in social polarisation, as observed in many societies. The
most affected ones from this transformation in every society are “poor” people and this
process produces new poor people in cities. In Turkish practice, however, state retreats
from the basic public services like education, health, social security which it tried to
undertake before and leaves these services under the responsibility of market
mechanism which; means commercialisation of the profitable basic services. As the
result of this commercialisation, while the opportunity to benefit from these highly
qualified services exists for high and mid-high income groups, low-income groups on
the other hand have no other solution but becoming dependent on informal supporting
relations within this system (Erder, 1998, 107-114).
Concept of public interest became a subject on which many arguments were
done during the period when these developments occurred. Priorities which changed in
urban space make he question of how the urban sources will be used and distributed
very important.
On one hand while the cities competing in global scale and their attempts to be
included in to the process in urban design scale are seen, on the other hand one way
56 Odyakmaz, 2001, 141-146; For the law at WEB-2 and WEB-14 are cosidered.
87