Environmental Plan and Master Development Plan — Differences and Objection
A comprehensive legal guide to the definitions of the environmental plan and the master development plan, the hierarchy of plans, the relationship between higher- and lower-scale plans, and the public display and objection procedures, under Arts. 5-8 of Zoning Law No. 3194.
The spatial planning system in Türkiye rests on plans at different scales complementing one another within a hierarchical order. At the top of that hierarchy are spatial strategy plans, followed by environmental plans and, at the bottom, development plans (the master development plan and the implementation development plan). Articles 5-8 of Zoning Law No. 3194 and the Regulation on the Preparation of Spatial Plans govern the definitions of these plans, the procedures for preparing them and their relationships with one another. This article deals comprehensively with the differences between the environmental plan and the master development plan, the hierarchy of plans and the routes of objection.
What Is an Environmental Plan?
Under Zoning Law Art. 5, an environmental plan is a plan at a scale of 1/50,000 or 1/100,000 that shows basic geographical data such as forests, watercourses, lakes and agricultural land, determines land use decisions between settlements and sectors, and forms a whole with its plan notes and report.
What Is a Master Development Plan?
A master development plan is prepared by transferring the cadastral position onto existing maps and shows land use patterns, the direction and scale of development, population densities, the transport system and the decisions forming the basis for preparing implementation development plans. In metropolitan municipalities a master development plan may be prepared at any scale between 1/5,000 and 1/25,000; it is not confined to 1/5,000.
The Hierarchy of Plans and the Relationship Between Higher- and Lower-Scale Plans
Spatial plans are graduated as the spatial strategy plan, the environmental plan and development plans. A lower-scale plan must conform to the decisions of the higher-scale plan, but does not repeat every detail of it verbatim. The scale at which spatial strategy plans are shown is determined under the Regulation according to the national or regional level; a single, invariable table of 1/250,000–1/500,000 is not a statutory requirement.
Fundamental Differences Between the Two Plans
An environmental plan shows regional land use and sectoral decisions at a scale of 1/50,000 or 1/100,000; a master development plan shows the settlement, density, transport and facility decisions forming the basis of the implementation development plan. In metropolitan areas the master plan may be prepared at between 1/5,000 and 1/25,000. The report and plan notes of both plans are binding parts of the whole; a lower-scale plan may not conflict with a higher scale.
Preparation and Approval of an Environmental Plan
Competence is determined, according to the planning area and the type of plan, between the Ministry of Environment, Urbanisation and Climate Change, the metropolitan municipality, the municipality and the provincial special administration, under Arts. 8–9 of Law No. 3194, Laws Nos. 5216 and 5302 and Presidential Decree No. 1. The scheme “a single province means the municipality, more than one province means the Ministry” does not explain every special area. Participation and institutional consultation processes are carried out according to the type of plan and the special legislation; there is no uniform requirement of a public meeting for every plan.
Public Display and the Objection Process
Development plans are displayed for one month after approval. Objections may be made during the display period; objections forwarded by the mayor's office to the council are examined and finally decided by the council within fifteen days. For an administrative application under İYUK Art. 11, the rules on the thirty-day reply/implied refusal and the resumption of the suspended period apply. The type of objection and the forum affect the calculation of the period for bringing an action.
Action for Annulment of a Development Plan
The period for bringing an action is calculated under İYUK Arts. 7 and 11 according to the display, service, knowledge, any administrative application made, and the possibility of challenging the plan together with an implementing act. The formula “sixty days after display in every case if there is no objection, and a new sixty days on refusal if there is” is incorrect. Under the long-stop rule in Zoning Law Art. 8, an action against finalised development and parcelling plans must in any event be brought within five years of the date of finalisation.
Standing requires a personal, legitimate and current interest. The standing of a professional chamber or a civil society organisation is assessed by reference to its purpose, any special statutory function and its connection with the dispute; there is no automatic right of action for everyone.
The Hierarchy of Plans in Council of State Decisions
The conformity of a lower-scale plan with a higher-scale plan is reviewed within the Zoning Law, the Regulation on the Preparation of Spatial Plans and the graduation of plans. Conformity means not that the lower plan repeats the higher plan word for word, but that it does not conflict with the higher scale's fundamental decisions on land use, density, transport and conservation. A plan amendment must be supported by planning principles, planning bases, the public interest, technical justification and the opinions of the relevant institutions.
In removing or reducing social and technical infrastructure areas, the conditions in the relevant regulation as to equivalent area and service standards are examined at the specific plan scale; there is no absolute formula of “an equivalent area within the same parcel in every amendment”. In judicial review, an expert examination may be used for technical matters; the power to make the legal assessment and to decide rests with the court.
The Question of Competence in Amending an Environmental Plan
Competence to make and amend an environmental plan is determined by the plan's scale and area, Laws Nos. 3194, 5216 and 5302, Presidential Decree No. 1 and any special area statute. A scheme of “always the metropolitan municipality if within metropolitan boundaries; always the Ministry if more than one province” does not explain every plan. In determining the competent administration it must also be established whether the plan is genuinely an environmental plan, a master development plan or a special-purpose plan.
A plan approved by an authority lacking competence may be unlawful as to competence. The plan sheet, the approval decision, the scale, the planning boundary and any special basis of competence must therefore be examined together. Decree-Law No. 644 has been repealed and cannot be used as a current basis of competence.
The Relationship Between the Master and Implementation Development Plans
The master development plan is a higher-scale plan forming the basis for preparing the implementation development plan. Under Art. 5 of Zoning Law No. 3194 the implementation development plan is prepared in accordance with the principles of the master development plan. The land use decisions set out in the master plan are detailed at parcel level in the implementation plan. An amendment to the master development plan must be reflected in the implementation development plan by an appropriate planning act. Adopting an implementation plan decision contrary to the master plan without amending it may be unlawful as regards the graduation of plans and conformity with the higher scale. The outcome is determined by comparing the decisions and plan notes of the two plans.
Harmony between the implementation development plan and the master development plan is essential to preserving the integrity of the plan. Plan integrity means that plans are consistent with one another and direct urban development as a whole. A breach of plan integrity may constitute a ground for annulling the plan.
Special-Purpose Plans and Development Plans
In some areas special-purpose plans based on special statutes are prepared. Plans for Culture and Tourism Conservation and Development Regions in tourism areas, conservation development plans in protected sites, organised industrial zone development plans, and special environmental protection plans in special environmental protection areas are examples.
The relationship between special-purpose plans and general development plans is assessed within the framework of the hierarchy of plans. Plans based on special statutes are prepared and applied under the provisions of their own legislation. Those plans must nevertheless also conform to higher-scale plans and to general planning principles.
The institutions competent to prepare and apply special-purpose plans also differ. This may give rise to confusion of competences and coordination problems. Securing coordination between institutions in the planning process is of considerable importance in preventing conflicts between plans.
Planning Principles and the Public Interest
There are fundamental planning principles that must be observed in preparing and amending development plans. These derive from the basic principles of urban planning science and are also reviewed by the Council of State. The public interest is the most fundamental of the planning principles.
A plan decision must have regard to the public interest, plan integrity, planning principles, planning bases, scientific and technical justification, sustainability and equality. The administrative courts review these principles through the file, the plan explanatory report, institutional opinions and, where necessary, an expert examination; the expert does not determine the legal outcome, and not every technical irregularity automatically results in annulment.
Final note: This article has been prepared for general information purposes and does not constitute legal advice. In specific disputes concerning environmental and master development plans it is recommended that a specialist attorney be consulted.
Frequently Asked Questions
At what scale is an environmental plan prepared?
1/50,000 or 1/100,000.
Is a master development plan only 1/5,000?
No. In metropolitan areas it may be prepared at scales between 1/5,000 and 1/25,000.
How does an objection affect the time limit for an action?
The character of the application under İYUK Art. 11, its timing and the reply given are taken into account; not every refusal starts a new full period.
Is there a long-stop period for challenging plans?
For finalised development and parcelling plans there is a five-year long-stop from the date of finalisation.
This article was prepared by Av. Mehmet Serhat MALGIR.
