The Powers of The Ministry of Environment, Urbanisation and Climate Change Regarding The Zoning Planing in The Context of Article 9 of The Zoning Law
Zoning Law No. 3194 dated May 3, 1985, regulates which administrations are authorised in terms of zoning and construction and the extent and content of the powers of these administrations in this sphere. Special local administrations and municipalities, as well as the Ministry of Environment, Urbani...
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| Format: | Article |
| Language: | English |
| Published: |
Istanbul University Press
2025-05-01
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| Series: | İstanbul Hukuk Mecmuası |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/A6969DEBDC514A01B39D30207052AB37 |
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| Summary: | Zoning Law No. 3194 dated May 3, 1985, regulates which administrations are authorised in terms of zoning and construction and the extent and content of the powers of these administrations in this sphere. Special local administrations and municipalities, as well as the Ministry of Environment, Urbanisation and Climate Change, are among these administrations. According to Law No. 3194, local administrations are considered the general authorities, and the Ministry of Environment, Urbanisation and Climate Change is the exceptional authority. However, Article 9 of Law No. 3194, the powers of the Ministry are regulated so broadly that it can be revealed that the powers of local administrations are secondary to those of the Ministry. According to this regulation, the Ministry is authorised to change the zoning plans made by local administrations when deemed necessary, as well as to make, have these plans made, and approve them ex officio. In addition to this, the Ministry can give instructions to the municipality through the governorship in case of a need to include official buildings and facilities in the zoning plans for the purpose of performing public services, or incase of changes, or making and approving the plan on this issue, and resolving disputes related to zoning plans that concern more than one municipality. While some of the powers of the Ministry under this regulation are the primary powers given to it, some of them are tutelage powers. In general, the tutelage authority is the control and intervention authority carried out by another administration over the transactions and personnel of an administration with a public legal personality. However, the authorities in Article 9 are so wide that it can be expressed that the Ministry has the opportunity to override the authorities of local administrations on zoning planning. In this respect, revealing the content and legal characteristics of the Ministry’s powers in the aforementioned article deems useful. |
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| ISSN: | 2667-6974 |