Rigidness of planning law causing fragile grounds for crafting planning tools: neoliberal power and ideology immersed on urban space

ABSTRACT

This study undertakes an in-depth examination of the planning and privatization process in Istanbul, Turkey, with a particular focus on the interplay of capital, networking, and implicit relationships among various layers of authority and actors. The primary objective is to unravel the intricate dynamics of power relations within these processes and their ramifications for institutional ethics in planning. Specifically, the study investigates how these dynamics contribute to the expansion of building rights and the commodification of urban public land. Moreover, this study delves into the diverse driving forces that perpetuate instability in the planning process, encompassing aspects such as procedural intricacies, resultant outcomes, and broader implications. It recognizes the influence of interventionist governance and the intricate web of power relationships in shaping these dynamics. In essence, this research endeavours to offer a comprehensive understanding of the planning and privatization process in Istanbul, shedding light on the underlying power dynamics and their repercussions for institutional ethics and urban development. By unearthing these insights, it seeks to contribute to inform the development of legal frameworks and policies that promote transparency, ethical conduct, and sustainable urban planning practices.

KEYWORDS:

• Planning practice
• planning law
• power relations
• neoliberal urbanization

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 With the article added to the law as of 2020, it is stipulated that a lawsuit can be filed against the zoning plans or subdivision plans that are finalized in any case within five years from the date of finalization.

2 i.e., the working reports of the CUP (Chamber of Urban Planners) and CA (Chamber of Architects) Istanbul branches reveals between 2012 and 2020 presents approximately 650 court cases regarding planning and matters related to the built environment were issued by them.

3 In some cases, plan notes are tailored to interests, furnished with power to drive the conditions of the redevelopment. Therefore, the use of open-ended and flexible terminology via plan notes, pave the way for investors to work around the system in pursuit of their interests.

4 Founded in 1984 as a fund, to provide housing for the low-income groups that later by 1990s the fund was taken into the general budget; thus, started to widen its scope to include profit-oriented projects. Later (by the 2000s) the fund was abolished, yet the administration was kept in act.

5 Due to further share distribution and involvement of a second company, later it was called ‘Park Residences Cadde’

6 Maximum height of the construction

7 The new facilities would be built in Kartal, another district 20km east of Kadıköy

8 The council decision (like the others in the process) is of the İstanbul Metropolitan Municipality Council as the approvals of the amendment plans, even though the area is needed to be dealt with Kadıköy District Municipality, revealed the usual tactical action to eliminate potential objectors from the process via Metropolitan Municipality’s capacity to overrule districts.

9 An electricity and commercial company from Ankara which established by Directorate of Privatization Administration.

10 Including mosques, parks and cultural centres

11 These two scales of plans usually are proposed concurrently due to the rule of lower scale plans leading the implementation must be in harmony with higher scale master plans.