Determination of Conflict of Public Interest in Parcel-Specific Zoning Plan Amendments on Public Real Property Immovables and Model Suggestion for Solution: CPIR

Zoning plan amendments may be made in the face of needs that may change depending on time and conditions. Laws and regulations contain provisions that make it difficult/prohibitive to make zoning plan amendments in public areas. However, in some cases where the zoning plan amendment becomes compulsory, the zoning plan revision, which should be made according to the principle of public interest, is prevented by the provisions of laws/regulations whose existence is based on the principle of public interest. Such mandatory situations usually arise on public immovables where public services are provided. In this study, the zoning plan amendments that must be made on a parcel-specific basis in mandatory situations on Public Real Property immovables are analyzed. In order to resolve this conflict in favor of the overriding interest, a detailed revision of the relevant provisions of the Spatial Plans Construction Regulation in force in Türkiye is proposed. Within the scope of the proposed legislation, a new model named Conflict of Public Interest Resolution (CPIR) Model has been created. Thus, the proven conflict of public interest, legislation, and workflow model will be resolved in favor of public interest with the developed proposal, and its sustainability will be increased.