Cancellation of zoning plans

The issues of the zoning law are generally addressed within the framework of administrative jurisdiction procedures due to the fact that zoning law is a field of law special to administrative law. However, in some cases, there may be a discussion regarding the necessity of private laws to be adapted to administrative laws. On the other hand, implementation of some principles dominating administrative laws for the disputes arising due to the issues of zoning annulment may lead to different consequences in terms of individuals and administrations; different evaluations of some unique characteristics for the annulment of a suit in terms of various cases may become mandatory. The implementation or interpretation of laws adjudged in the wake of nullity suits can be a problem for administrations facing such cases. The decisions of nullity of zoning plans may directly be related to public interest, seriously affect those who live in the concerning area and various interest groups as well as the ones who act according to the plan by trusting the administrations. Therefore, the annulment decision to be taken by the court should be performed in accordance with the equity principle and considering public interest-individual interest balance. It is crucially important for the administrations to interpret these decisions correctly while applying in terms of preventing any possible loss of individual rights and any liability on their behalf. In our study, the process between preparation of zoning plans and annulment; the consequences, effects of annulment of cases and liabilities in the condition of not applying, will be addressed in the light of state council decisions by presenting some examples in order to clarify these matters.