COURSE UNIT TITLE

: JUDICIAL REVIEW IN CITY PLANNING

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
PLN 4491 JUDICIAL REVIEW IN CITY PLANNING ELECTIVE 2 0 0 3

Offered By

City and Regional Planning

Level of Course Unit

First Cycle Programmes (Bachelor's Degree)

Course Coordinator

DOCTOR LEVENT ÜNVERDI

Offered to

City and Regional Planning

Course Objective

This course intends to introduce students to basic principles and mechanisms of adjudication taking place at the intersection of law and city planning, to discuss concepts of public benefit, planning premises and urbanization principles as three components of adjudication and to focus further on these concepts via elaborate consideration of cases carried on to court because of dispute in urban development.

Learning Outcomes of the Course Unit

1   To define basic principles of adjudication,
2   To explain the mechanism of adjudication in terms of these principles,
3   To discuss the three components of adjudication, public benefit, planning premises and urbanization principles,
4   To explain these concepts over different cases of urban development,
5   To identify problems and results of different planning practices having been subject to court cases.
6   To evaluate the approaches of diffrent actors involved in the planning process by way of reading over the plan decision

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 Definition of adjudication, mechanism of administrative courts, full remedy actions and annulment suits
2 Pre-conditions and rules of annulment
3 Results of annulment suits, bringing an action in Administrative Courts and Expertise
4 Three main components of Administrative Jurisdiction as public benefit, planning premises and urbanization principles
5 Cases from urban development disputes carried on to court, related regulations on the subject, dispute analysis (revision of implementation plans I)
6 Cases from urban development disputes carried on to court, related regulations on the subject, dispute analysis (revision of implementation plans II)
7 Cases from urban development disputes carried on to court, related regulations on the subject, dispute analysis (plan hierarachy)
8 Midterm Examination
9 Cases from urban development disputes carried on to court, related regulations on the subject, dispute analysis (land and property alignment)
10 Cases from urban development disputes carried on to court, related regulations on the subject, dispute analysis (plan making principles)
11 Cases from urban development disputes carried on to court, related regulations on the subject, dispute analysis (planning areas of special regulation I)
12 Cases from urban development disputes carried on to court, related regulations on the subject, dispute analysis (planning areas of special regulation II)
13 Cases from urban development disputes carried on to court, related regulations on the subject, dispute analysis (planning areas of special regulation III)
14 Cases from urban development disputes carried on to court, related regulations on the subject, dispute analysis (planning areas of special regulation IV)
15 Cases from urban development disputes carried on to court, related regulations on the subject, dispute analysis (planning areas of special regulation V)

Recomended or Required Reading

Textbook(s): TEKINBAŞ, B., Belma, (2008), Yargı Kararlarında Planlama, Ankara, TMMOB Şehir Plancıları Odası
Supplementary Book(s):
1. KELEŞ, Ruşen ve diğerleri (Yazarlar), ERSOY, Melih; KESKINOK, Çağatay (Derleyenler), (2000), Mekan Planlama ve Yargı Denetimi, Ankara, Yargı Yayınevi
2. ERGEN, Cafer, (2009), Imar Planları, Ankara, Seçkin Yayıncılık
3. ERGEN Cafer, (2009), Imar Hukuku, Ankara, Seçkin Yayıncılık
4. CANBAZOĞLU Kerem, AYAYDIN Dilhun, (2011), Imar Planlarının Yargısal Denetimi - I, Ankara, TBB Dergisi, sf:239-281
5. KELEŞ Ruşen, MENGI, Ayşegül, (2003), Imar Hukukuna Giriş, Ankara, Imge Kitabevi
6. KALABALIK, Halil, (2002), Imar Hukuku, (Planlama, Arsa Yapı, Koruma), Ankara, Seçkin Yayıncılık,
7. ÜNAL, Yücel, (1988), Kent Planlama ve Uygulamanın Yasal Yönleri, Istanbul,
8. ERBAŞ, Adem Erdem, (2020) MEKÂNSAL PLANLARIN YARGI DENETIMI VE KARŞILAŞILAN ZORLUKLAR, BEYOĞLU (ISTANBUL) ÖRNEĞI, Journal of Awareness, Volume 5, sf:103-118

Planned Learning Activities and Teaching Methods

This course will be given through lectures. Students will learn topics by attending and listening the lectures.

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA
1 MTE MIDTERM EXAM
2 RAS RESEARCH ASSIGNMENT
3 MTEG MIDTERM GRADE MTE * 0.60 + RAS * 0.40
4 FINS FINAL EXAM
5 FCG FINAL COURSE GRADE MTEG * 0.50 + FINS * 0.50
6 RST RESIT
7 FCGR FINAL COURSE GRADE (RESIT) MTEG * 0.50 + RST * 0.50


Further Notes About Assessment Methods

None

Assessment Criteria

Defining, explaining, discussing activities are assessed by Midterm Exam.
Explaining via court cases are assessed by the Final Exam.

Language of Instruction

Turkish

Course Policies and Rules

To be announced.

Contact Details for the Lecturer(s)

levent.unverdi@deu.edu.tr

Office Hours

Tuesday 12:00 - 13:00

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 13 2 26
Preparations before/after weekly lectures 8 3 24
Preparation for midterm exam 1 7 7
Preparation for final exam 1 7 7
Preparing individual assignments 3 2 6
Final 1 2 2
Midterm 1 2 2
TOTAL WORKLOAD (hours) 74

Contribution of Learning Outcomes to Programme Outcomes

PO/LOPO.1PO.2PO.3PO.4PO.5PO.6PO.7PO.8PO.9PO.10PO.11PO.12PO.13PO.14PO.15PO.16PO.17
LO.11
LO.21
LO.31
LO.41
LO.51
LO.6