Regional Spatial Plan and Master Zoning Plan — Differences and Objection

The spatial planning system in Turkey is based on the principle of plans at different scales complementing each other within a hierarchical order. At the top of this hierarchy are spatial strategy plans, followed by regional spatial plans (cevre duzeni plani), and at the bottom are zoning plans (master zoning plan and implementation zoning plan). Articles 5-8 of the Zoning Law No. 3194 and the Spatial Plans Construction Regulation regulate the definitions of these plans, their preparation procedures, and their relationships with each other. This article comprehensively addresses the differences between regional spatial plans and master zoning plans, the plan hierarchy, and objection procedures.

What Is a Regional Spatial Plan?

A regional spatial plan is defined as a plan prepared at scales of 1/25,000, 1/50,000, 1/100,000, or 1/200,000 that determines the general locations of urban and rural settlements, development areas, industrial areas, agricultural areas, tourism areas, transportation, energy, and all types of infrastructure systems by evaluating fundamental geographical data such as forests, rivers, lakes, and agricultural lands in accordance with the target and strategy decisions of spatial strategy plans, if any, and contains settlement and land use decisions.

The regional spatial plan is an upper-scale plan prepared at a regional level that can cover multiple provinces or districts. This plan determines a region's general development strategy, land use decisions, and the balance of conservation and use. The regional spatial plan serves as the basis for the preparation of lower-scale plans (master zoning plan and implementation zoning plan), and lower-scale plans cannot contradict the regional spatial plan.

The authorized institution for preparing the regional spatial plan varies according to the area covered by the plan. Regional spatial plans covering multiple provinces are prepared by the Ministry of Environment, Urbanization, and Climate Change, while regional spatial plans within a single province are prepared by the special provincial administration or the metropolitan municipality. This division of authority is of great importance for the coordination of the planning process.

What Is a Master Zoning Plan?

A master zoning plan, pursuant to Article 5 of the Zoning Law No. 3194, is a plan prepared at a scale of 1/5,000, drawn on existing maps with cadastral status plotted if available, in accordance with regional or environmental plans if they exist, showing the general use forms of land parcels, main zone types, future population densities of zones, building density when necessary, the development directions, sizes, and principles of various settlement areas, transportation systems, and solutions to problems, explained with a detailed report.

The master zoning plan is an intermediate-scale plan that concretizes the decisions of the regional spatial plan at the local level. This plan determines the land use decisions within a municipality or adjacent area boundaries in general terms. Building blocks, road networks, green areas, social facility areas, and other land use decisions are generally shown in the master zoning plan.

The master zoning plan serves as the basis for the preparation of the implementation zoning plan. The implementation zoning plan cannot contradict the master zoning plan. Making changes to the implementation zoning plan without changing the master zoning plan is unlawful. This hierarchical relationship has been reinforced by Court of State decisions.

Plan Hierarchy and Upper-Lower Scale Plan Relationship

Plan hierarchy constitutes one of the fundamental principles of the spatial planning system in Turkish zoning law. This hierarchy is based on the principle that upper-scale plans guide lower-scale plans and lower-scale plans must conform to upper-scale plans. The plan hierarchy is ordered as follows:

The fundamental rule of plan hierarchy is the requirement that lower-scale plans conform to upper-scale plans. An implementation zoning plan cannot contradict a master zoning plan. A master zoning plan also cannot contradict a regional spatial plan. The regional spatial plan must conform to the spatial strategy plan.

If a lower-scale plan is made in violation of an upper-scale plan, the lower-scale plan becomes unlawful and its annulment can be sought. The Court of State consistently annuls lower-scale plans that contradict upper-scale plans. This provides judicial assurance for the protection of plan hierarchy.

However, plan hierarchy does not mean an absolute requirement of conformity. While lower-scale plans concretize the general principles and decisions of upper-scale plans, they may have certain flexibilities according to local conditions. What is important is not to contradict the main decisions and strategies of the upper-scale plan. Detailing and localization are among the natural functions of lower-scale plans.

Fundamental Differences Between Regional Spatial Plan and Master Zoning Plan

There are important differences between the regional spatial plan and the master zoning plan in terms of scale, scope, preparing institution, and level of detail. We can summarize these differences as follows:

In terms of scale: The regional spatial plan is prepared at scales ranging from 1/25,000 to 1/200,000, while the master zoning plan is prepared at a scale of 1/5,000. The regional spatial plan covers a wider area, while the master zoning plan plans a narrower area in detail.

In terms of scope: The regional spatial plan is at a regional scale and can cover multiple provinces or districts. The master zoning plan covers the area within a municipality or adjacent area boundaries. While the regional spatial plan determines general strategies and policies, the master zoning plan concretizes these strategies at the local level.

In terms of preparing institution: The regional spatial plan is prepared by the Ministry or metropolitan municipality. The master zoning plan is prepared by the district municipality or provincial municipality. In areas with metropolitan municipalities, the authority to prepare the master zoning plan belongs to the metropolitan municipality.

In terms of level of detail: The regional spatial plan determines general land use decisions and development strategies. Details such as parcels, building blocks, and road widths are not included in the regional spatial plan. The master zoning plan shows population densities, building density, transportation systems, and development directions of zones in more detail.

Preparation and Approval of the Regional Spatial Plan

The preparation process of the regional spatial plan involves a comprehensive data collection, analysis, and synthesis phase. In the preparation of the plan, the physical, social, economic, and environmental characteristics of the region are taken into account. Natural resources, agricultural areas, forest areas, water basins, geological structure, population projections, and economic data are among the basic inputs of the plan.

The participatory planning principle is applied in the regional spatial plan preparation process. The opinions of relevant public institutions and organizations, professional chambers, universities, and civil society organizations are obtained. Participation meetings are organized and the plan draft is shared with the public. This process is of great importance for the social acceptance and applicability of the plan.

The approval of the regional spatial plan varies according to the institution that prepared it. Plans prepared by the Ministry enter into force with ministerial approval, while plans prepared by the metropolitan municipality enter into force with the metropolitan municipal council decision. The approved plan is put on public display to inform the public.

Public Display and Objection Process

The approved regional spatial plan or master zoning plan is put on public display for 30 days for public review. Pursuant to Article 8/b of the Zoning Law No. 3194, approved zoning plans are displayed at the designated display location for one month. Objections to the plan can be made during this period.

The objection process is directed to different authorities depending on the nature of the plan change. Objections to the regional spatial plan are made to the approving institution (Ministry or metropolitan municipal council). Objections to the master zoning plan are made to the municipal administration and evaluated by the municipal council.

The objection petition should include the following: the identity information and address of the objecting person, a clear definition of the plan decision being objected to, the grounds for objection (violation of planning principles, violation of upper-scale plan, violation of public interest, violation of property rights, etc.), technical and scientific reports if available, and what change is being requested. A reasoned objection based on concrete evidence increases the chance of success.

Evaluation of the objection: Objections made during the display period are decided by the municipal council within 15 days. Objections to regional spatial plans are evaluated by the institution that approved the plan. The decision on the acceptance or rejection of the objection is notified to the objector.

Annulment Lawsuit Against the Zoning Plan

If the objection made during the display period is rejected or the display period expires, an annulment lawsuit can be filed in the administrative court against the plan decision. Pursuant to Article 7 of the Administrative Procedure Law No. 2577, the litigation period is 60 days from the notification of the decision rejecting the objection or from the expiration of the display period.

Plaintiff standing in the annulment lawsuit can be exercised by persons who own property in the area where the plan is applied, professional chambers (Chamber of Architects, Chamber of City Planners, Chamber of Agricultural Engineers, etc.), village headmen, and other natural and legal persons whose interests are affected. The Court of State tends to interpret the interest condition broadly.

Grounds for unlawfulness that can be raised in the annulment lawsuit include: violation of plan hierarchy (non-conformity with upper-scale plan), violation of urbanism principles and planning fundamentals, absence of public interest or violation of public interest, procedural and formal deficiencies (failure to conduct the participation process, failure to make public display, etc.), failure to rely on scientific and technical data, and failure to allocate equivalent areas.

The request for stay of execution in the annulment lawsuit is also of great importance. Since the implementation of the plan may cause irreparable or impossible-to-compensate damages, obtaining a stay of execution order is critically important. The court decides on the stay of execution request after receiving the defendant's defense or after the defense period has expired.

Plan Hierarchy in Court of State Decisions

The Court of State has developed consistent case law on plan hierarchy. According to decisions of the 6th Chamber of the Court of State, lower-scale plans must conform to upper-scale plans. Lower-scale plan decisions that contradict upper-scale plans are found unlawful in terms of authority and subject matter and are annulled.

The Court of State also emphasizes that plan changes must be based on scientific and technical data. The rationale for plan changes must be based on concrete data and must conform to planning principles. Plan changes made with abstract rationales are annulled.

Another important Court of State doctrine regarding plan hierarchy is the equivalent area principle. When social and technical infrastructure areas obtained through a plan are removed or reduced, an equivalent area for the provision of this service must be allocated in the plan. Non-compliance with this principle requires the annulment of the plan.

Authority Issues in Regional Spatial Plan Amendments

Authority issues in regional spatial plan amendments are frequently encountered in practice. While the metropolitan municipality has authority over regional spatial plan amendments within metropolitan municipality boundaries, the Ministry has authority over plans covering multiple provinces. This division of authority sometimes leads to jurisdictional disputes.

Regional spatial plan amendments within the jurisdiction of metropolitan municipalities are made by metropolitan municipal council decision. However, the Ministry has the authority to prepare and amend plans at all scales when deemed necessary. This authority derives from Decree Law No. 644 and the relevant provisions of the Zoning Law No. 3194.

Authority disputes directly affect the legal validity of plan decisions. Plan amendments made by unauthorized institutions are annulled due to defects in authority. Therefore, correctly identifying the authorized institution in the plan amendment process is of great importance.

Relationship Between Master Zoning Plan and Implementation Zoning Plan

The master zoning plan is an upper-scale plan that serves as the basis for the preparation of the implementation zoning plan. Pursuant to Article 5 of the Zoning Law No. 3194, the implementation zoning plan is prepared according to the principles of the master zoning plan. Land use decisions specified in the master zoning plan are detailed at the parcel level in the implementation zoning plan.

Changes made in the master zoning plan must be reflected in the implementation zoning plan. Making changes to the implementation zoning plan that contradict the master zoning plan without changing the master zoning plan is unlawful. The Court of State consistently annuls such plan amendments.

The conformity of the implementation zoning plan with the master zoning plan is necessary for the preservation of plan integrity. Plan integrity means that plans are consistent with each other and guide urban development as a whole. Disruption of plan integrity may constitute grounds for the annulment of the plan.

Special Purpose Plans and Their Relationship with Zoning Plans

In certain areas, special purpose plans based on special laws are prepared. Examples of such plans include Culture and Tourism Conservation and Development Zone plans in tourism areas, conservation-oriented zoning plans in conservation areas, Organized Industrial Zone zoning plans, and special environmental protection plans in special environmental protection zones.

The relationship of special purpose plans with general zoning plans is evaluated within the framework of plan hierarchy. Plans based on special laws are prepared and implemented according to the provisions of their own legislation. However, these plans must also conform to upper-scale plans and general planning principles.

The authorized institutions for the preparation and implementation of special purpose plans also differ. This may lead to authority confusion and coordination problems. Ensuring inter-institutional coordination during the planning process is of great importance for preventing plan conflicts.

Planning Principles and Public Interest

There are fundamental planning principles that must be followed in the preparation and amendment of zoning plans. These principles derive from the basic tenets of urban planning science and are also monitored by the Court of State. Public interest constitutes the most fundamental element of planning principles.

Planning principles include the public interest principle (plans must serve the general interest of society), plan integrity principle (plans must be consistent and holistic), scientific principle (plan decisions must be based on scientific data), sustainability principle (protection of natural resources and consideration of future generations' needs), participation principle (ensuring the participation of relevant parties in the planning process), and equality principle (fair and equal application of plan decisions).

Plans prepared or amended in violation of these principles are subject to administrative judicial review and can be annulled. The Court of State monitors the conformity of plan decisions with these principles through expert reports and annuls the plan when a violation is identified.

Disclaimer: This article has been prepared for general informational purposes and does not constitute legal advice. It is recommended to consult a specialized attorney for specific disputes regarding regional spatial plans and master zoning plans.