Flexibility from Discretion in Legal Regulations on Urban Renewal


Tarakci S., Türk Ş. Ş.

PLANLAMA-PLANNING, vol.31, no.3, pp.414-427, 2021 (Journal Indexed in ESCI) identifier

  • Publication Type: Article / Article
  • Volume: 31 Issue: 3
  • Publication Date: 2021
  • Doi Number: 10.14744/planlama.2021.65707
  • Title of Journal : PLANLAMA-PLANNING
  • Page Numbers: pp.414-427
  • Keywords: Flexibility, urban renewal, planning system, Turkey, PLANNING PRACTICES, REGENERATION, POLICY

Abstract

In Turkey, urban planning is provided through the regulatory planning system. However, significant changes in the planning system since 2000 have triggered a shift in the planning system towards a flexible planning system in practice despite the structure in theory. A flexible system is also evident in urban renewal practices. Flexibility in urban renewal implementations occurs in two different ways. Firstly, urban renewal practices are applied in accordance with special laws that have been in effect since 2004. These special laws bypass the hierarchy that being a basic feature of the regulatory planning system. This situation causes to emerge urban renewal practices at outside of existing planning system, and hereby, a great deal of flexibility in urban renewal practices, in sense of giving of new development rights reveals. Second is related to the using of power in the legal regulations regarding urban renewal. With the legal regulations, both the central and local administrations discretionary power are given discretionary powerin urban renewal processes. This situation directly influenced the shaping of flexibility.