Shaping of Flexibility in Urban Renewal Legal Sources in Turkey and Its Effect on Practices

Abstract

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.