A contribution to the judicial review process of the development plans: A guide proposal for planning criteria and the principles of urbanism

Abstract

Zoning plans can be said to be technical legal documents composed of written and visual materials for determining the spatial characteristics and functional identity of urban settlements. In the other words, the objective of zoning plans is to describe the spatial, ecological, sociocultural, and economic necessities of an urban settlements and to also be the regulatory documents that will help make a healthy livable settlement. In this context, zoning plans depend on the relationships between legislative knowledge, which is necessarily composed of formal obligations, and the planning criteria and principles of urbanism, which consist of subjective and objective qualifications. Therefore, planning criteria and the principles of urbanism principles can be viewed as the criteria for a subjective and objective review of zoning plans as one of the main tools of regulatory documents regarding property rights. According to the literature on the judicial review of zoning plans, zoning plans are seen to have been examined in terms of plans types, special purpose plans, the hierarchical order between plans and authority, responsible procedures, and the principles of urban planning. The source of these judicial reviews is based on the knowledge of national legislation alongside the status of council decisions regarding the national dimension, as well as internationally on the decisions of the European Court of Human Rights. This paper attempts to determine and detail the contexts and content of planning criteria and the principles of urbanism by benefitting from the literature on legislative knowledge, urban planning, and law. In this framework, the study is designed to be a systematic guide regarding planning criteria and the principles of urbanism for resolving disputes related to zoning plans. It is considered that this guide as a criteria set can be contributed subjectively, objectively, and technically to resolving disputes related to zoning plans.