M.Sc. Tezi Görüntüleme

Student: Zeynep NİYAZOĞLU
Supervisor: Asst. Prof. Dr. Ahmet Melih ÖKSÜZ
Department: Şehir ve Bölge Planlama
Institution: Graduate School of Natural and Applied Sciences
University: Karadeniz Technical University, Turkey
Title of the Thesis: The Issue of Vested Rights in Development Law
Level: M.Sc.
Acceptance Date: 5/8/2008
Number of Pages: 124
Registration Number: i1956
Summary:

       It is indispensable to change the development plans which are an integral part to building of healthy and orderly environment in conformity with the changing and developing conditions; however, the question of whether the development rights which the individual have is protected or not, gives rise to the problem of vested rights frequently in Development Law before the changes are made.

There is no arrangement concerning vested rights in zoning legislation. For this reason, while making a decision, judiciary takes into consideration the tangible characteristics of every event. While the approach of administrative procedure in the subject of the vested rights is to protect them in general, it is understood from its decisions that there is no determined common principle and rule. The uncertainty that is a result of this circumstance may give rise to damage the confidence of citizen against judicial system and state of law while implementing the zoning procedures.

       This study which examines this problem is divided into six chapters.

The first chapter includes the purpose of the study, general definitions and concepts.

       The second chapter deals with the accomplished studies and the information about the method of the study.

The third chapter is about the findings reached as a result of the study.

       In the fourth chapter, the findings coming from the analyses are examined at large.

In the fifth chapter, the end products / results concerning the disagreements related to vested rights are scrutinized.

       The sixth chapter consits of the developed suggesstions on the topic.

      Key Words: Vested Right, Development Planning Process, Development Plan, Amendment, Building License, Development Law/Code, Disagreements for Building, Judiciary Decisions.