SHAPING OF FLEXIBILITY IN URBAN RENEWAL LEGAL SOURCES IN TURKEY AND ITS EFFECT ON PRACTICES

Purpose Discussions in planning systems of different countries under the influence of structural changes at the macro level are concentrated around flexibility and certainty. Since 2000, Turkey have triggered a shift in the planning system which is defined as regulatory in theory, towards a more f...

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Main Authors: Sezen Tarakçı, Şevkiye Şence Türk
Format: Article
Language:English
Published: Konya Technical University Faculty of Architecture and Design 2020-12-01
Series:Iconarp International Journal of Architecture and Planning
Subjects:
Online Access:https://iconarp.ktun.edu.tr/index.php/iconarp/article/view/429
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author Sezen Tarakçı
Şevkiye Şence Türk
author_facet Sezen Tarakçı
Şevkiye Şence Türk
author_sort Sezen Tarakçı
collection DOAJ
description Purpose Discussions in planning systems of different countries under the influence of structural changes at the macro level are concentrated around flexibility and certainty. Since 2000, Turkey have triggered a shift in the planning system which is defined as regulatory in theory, towards a more flexible system in practice. This flexible system can be also seen in urban renewal practices. The aim of the article is to discuss the flexibility shaped by the legal sources with examples of urban renewal in Turkey. Design/Methodology/Approach As methodology, in the study, firstly, international and national literature on flexibility in planning systems was investigated. Afterwards, shaping flexibility in planning systems is focused on three categories; (1) spatial planning, (2) property rights, and (3) discretionary power. Legal sources related to urban renewal areas, and their practices are examined under three categories based on findings of some examples in literature. Findings The findings demonstrate that the increase in the degree of flexibility directly affects the spatial planning, property rights, and using of the discretionary power: Firstly, the scope and power of spatial plans are eliminated. Secondly, the property right, which is protected by the constitution, is ignored. Thirdly, since the limits of discretionary power are not clear, the outcomes of practices cannot be controlled either. Research Limitations/Implications The study based on findings of some examples in literature. In the study, no specific area study has been conducted. Social/Practical Implications As a result of these study, laws and regulations related to urban renewal can be rearranged in terms of property rights, discretion power and spatial planning. Thus, more livable cities can be created with the participation of people in urban renewal practices and the public benefit of planning. Originality/Value There are quite limited studies focus on shaping of flexibility, and its effects in urban renewal. The originality of this study is to examine the shaping of flexibility in legal sources related to urban renewal, and reflections into the practices.
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spelling doaj.art-551881e0b404404d8d44bf1530aab82c2023-02-15T16:15:50ZengKonya Technical University Faculty of Architecture and DesignIconarp International Journal of Architecture and Planning2147-93802020-12-018210.15320/ICONARP.2020.131SHAPING OF FLEXIBILITY IN URBAN RENEWAL LEGAL SOURCES IN TURKEY AND ITS EFFECT ON PRACTICESSezen Tarakçı0Şevkiye Şence TürkIstanbul Arel UniversityPurpose Discussions in planning systems of different countries under the influence of structural changes at the macro level are concentrated around flexibility and certainty. Since 2000, Turkey have triggered a shift in the planning system which is defined as regulatory in theory, towards a more flexible system in practice. This flexible system can be also seen in urban renewal practices. The aim of the article is to discuss the flexibility shaped by the legal sources with examples of urban renewal in Turkey. Design/Methodology/Approach As methodology, in the study, firstly, international and national literature on flexibility in planning systems was investigated. Afterwards, shaping flexibility in planning systems is focused on three categories; (1) spatial planning, (2) property rights, and (3) discretionary power. Legal sources related to urban renewal areas, and their practices are examined under three categories based on findings of some examples in literature. Findings The findings demonstrate that the increase in the degree of flexibility directly affects the spatial planning, property rights, and using of the discretionary power: Firstly, the scope and power of spatial plans are eliminated. Secondly, the property right, which is protected by the constitution, is ignored. Thirdly, since the limits of discretionary power are not clear, the outcomes of practices cannot be controlled either. Research Limitations/Implications The study based on findings of some examples in literature. In the study, no specific area study has been conducted. Social/Practical Implications As a result of these study, laws and regulations related to urban renewal can be rearranged in terms of property rights, discretion power and spatial planning. Thus, more livable cities can be created with the participation of people in urban renewal practices and the public benefit of planning. Originality/Value There are quite limited studies focus on shaping of flexibility, and its effects in urban renewal. The originality of this study is to examine the shaping of flexibility in legal sources related to urban renewal, and reflections into the practices.https://iconarp.ktun.edu.tr/index.php/iconarp/article/view/429Flexibilityregulatory planninglegal sourcesurban renewal practicesTurkey
spellingShingle Sezen Tarakçı
Şevkiye Şence Türk
SHAPING OF FLEXIBILITY IN URBAN RENEWAL LEGAL SOURCES IN TURKEY AND ITS EFFECT ON PRACTICES
Iconarp International Journal of Architecture and Planning
Flexibility
regulatory planning
legal sources
urban renewal practices
Turkey
title SHAPING OF FLEXIBILITY IN URBAN RENEWAL LEGAL SOURCES IN TURKEY AND ITS EFFECT ON PRACTICES
title_full SHAPING OF FLEXIBILITY IN URBAN RENEWAL LEGAL SOURCES IN TURKEY AND ITS EFFECT ON PRACTICES
title_fullStr SHAPING OF FLEXIBILITY IN URBAN RENEWAL LEGAL SOURCES IN TURKEY AND ITS EFFECT ON PRACTICES
title_full_unstemmed SHAPING OF FLEXIBILITY IN URBAN RENEWAL LEGAL SOURCES IN TURKEY AND ITS EFFECT ON PRACTICES
title_short SHAPING OF FLEXIBILITY IN URBAN RENEWAL LEGAL SOURCES IN TURKEY AND ITS EFFECT ON PRACTICES
title_sort shaping of flexibility in urban renewal legal sources in turkey and its effect on practices
topic Flexibility
regulatory planning
legal sources
urban renewal practices
Turkey
url https://iconarp.ktun.edu.tr/index.php/iconarp/article/view/429
work_keys_str_mv AT sezentarakcı shapingofflexibilityinurbanrenewallegalsourcesinturkeyanditseffectonpractices
AT sevkiyesenceturk shapingofflexibilityinurbanrenewallegalsourcesinturkeyanditseffectonpractices