Analyzing of court decisions cancelling zoning applications in implementation boundary
Keywords:
Zoning Application, Aplication of Article 18, Land Readjustment, Development, Readjustment Share (DRS), Implementation BoundaryAbstract
Many zoning applications, parcels that falling within the implementation areas are canceled by the courts due to non-compliance with the relevant laws, regulations and circulars. This situation causes serious grievances for the parcel owners as their development rights are taken away and brings additional time and cost burden. The aim of this study is to evaluation a sample of land readjustments in terms of implementation limit and to examine court decisions regarding zoning applications in order to prevent possible cancellations in the future. In this context, an example of a zoning application was examined and the implementation boundary was created by taking into account the provisions regarding the implementation boundary in the court decisions regarding this application, and the said zoning application process was carried out again. As a result of the examination, in the said zoning application; It has been observed that the DOP rate (Development Readjustment Share), the number of parcels covered by the social spaces have not changed, therefore the development rights of the owners have been taken away. As a result, the fact that some court annulment decisions do not change the result legally and technically creates a burden in terms of time loss and cost.
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