An investigation of the public lands that are subject to urban transformation: Istanbul sample

Increasing rural-urban migration along with accelerating industrialization for the first time in Turkey in 1950's, has led to various problems in urban areas. Particularly in Istanbul intensive immigration and increasing population paralel to the increasing industrialization, resulted illegal housing. Industrialization, migration and illegal housing directed urban transformation between 1950's to 1980's. In the study of Urban Transformations development 4 major period stated .period starting from 1950's to today with Shanty housing and migration examined. Urban transformation in our country appeared after 1950's as a result of restoration for illegal housing from increased population ,especially led by industrialization. Urban transformation applications paralel to its different definitions,are applied in various ways according to physical space development beginning from its onset up to day. With examining the definitions of urban transformation and application methods of urban transformations it is possible to say that the interventions structured by the needs of physical space and social structure. Begining from 1980's policises has been followed in urban transformation applications caused public - private cooperations. In 1984, with the code no. 2981 on procedures to be applied to the constructions contrary to the law on housing and zoning and change in one article for code no :6785 brought up reformed zoning plans to the agenda and with code no:2985 led up mass housing applications by TOKI. After 1999 Golcuk earthquake, the concept of urban transformation changed from focus in illegal housing to focus in disaster focused phenomenon. In this direction,from 2000's to today, legal arrangements have been made for applications that will reduce the risk of disaster in the cities and to minimize the mortality and loss or monetary damage of property in case of a possible disaster. Especially Istanbul which has illegal housing in its major part of housing ,should be evaluated for urban transformation differently from US and EU. With the widest comprehensive legal regulation on urban transformation Code no :6306 Law of Transformation of Areas Under Disaster Risks, accelerated urban transformation projects and with the delegation of Ministry of Enviroment And Urban Planning, properties owned by public has begun to transform without considering the identity of the area . The legal bases of urban transformation in Turkey based on code no 2985 The Mass Housing Law, code no 5393 Law for Municipalities and code no 5366 Law on Renovating Conserving and Actively Using Historical Assets and to control and plan urban transformation effectively new codes and application regulations defined and current codes expanding with new articles Widest comprehensive legal regulation considering urban transformation in Turkey is Code no 6306 Law of Transformation of Areas Under Disaster Risk, published in Official Gazette of Republic of Turkey in 31.05.2012 and inured. Enviroment and Urban Ministry with Law no:6306 Transformation for Areas Under Disaster Risk and also with statutory law for Enviroment and Urban Ministry and its Responsibilities,authorized for plan,make 3rd parties plan and confirmation and became in most authorized position. On the other hand with regards to political concerns, authorization given to organizations and instutions on legislations for illegal housing reclamation and rezone procedures didn't apply in practise. Public land which has lost its function over time in the city, or lands spitulated to move outside of the city which stays in the city center with development in the city, has been transforming and gaining new functions by legislations and regulations. New functions these public lands will gain is determining by related public organization's economic and social priorities. Within this thesis project to analyse subjects above, public lands in Istanbul subjected to urban transformation examined with affecting legaslation and actors. In the scope of the study, in addition to the literature survey, a review of the local and central administration approaches in the implementation of urban transformation projects on public land in different districts of Istanbul was carried out in line with the determined hypotheses. While examining the examples in this thesis study, the areas subjected to transformation examined particularly by functions prior to transformation, by existing physical and social structure, by changes in plans which leads to transformation and by transformation models and actors. In this context,the methods for transformation of public lands in different areas has been analysed. As a summary, after the resarches and examinations, although the purpose of legislation acts and regulations for urban transformation, under the title of public benefits are to encourage mass housing, land consolidation,prevent illegal housing,reform existing illegal housing areas, to identify areas under disaster risk and transformation and to create quality housing, it has been concluded that Ministry (Enviroment and Urban Planing), Administration (TOKI) and Municipalities (Metropolitan Municipalities and County Municipalities), are using their powers from this law codes and articles to share revenues and get income. Urban transformation applications on the basis of centralist ideology became facilitator especially in the last decade and resulted serious problems. Paralel to understanding of inefficient current legislations, new law code established on the grounds of disaster with the aim to facilitate urban transformation.