Zoning plans are important documents that determine how a particular area will be used and developed. These plans identify different types of uses, such as residential, commercial, industrial and green space, and also define the location and size of infrastructure and public facilities.
However, in some cases, development plans may be canceled. This may be due to various reasons, such as the plan being illegal or not complying with planning principles.
In this blog post, we will examine in detail the main reasons why zoning plans may be canceled.
Reasons for Cancellation of Zoning Plans:
Cases regarding the cancellation of zoning plans are handled by the Administrative Judiciary. In these cases, trials are held on the grounds that the plan is against the law. The main reasons why zoning plans may be canceled are:
1. Illegality in Terms of Authority:
• It was made by an authority that has no authority to prepare the plan.
• The plan has not been approved by the authority that requires approval.
2. Illegality in Form:
• Failure to ensure proper public participation in the preparation of the plan.
• The justification of the plan is incomplete or insufficient.
• There is uncertainty or contradiction in the content of the plan.
3. Illegality in Terms of Reason:
• The plan does not pursue public interest.
• The plan does not comply with planning principles and sustainable development goals.
• The plan does not take into account the natural and historical characteristics of the region.
4. Illegality in Terms of Subject:
• The scope of the plan is not in compliance with the legislation.
• The content of the plan includes matters that are not related to the planning subject.
5. Illegality in Terms of Purpose:
• The plan is not suitable for the purpose of the zoning plan.
• The plan does not take into consideration public benefit.
How to File a Zoning Plan Cancellation Case?
People who are affected by the zoning plan and think that the plan is against the law can request the cancellation of the plan by filing a lawsuit with the administrative judiciary. The period for filing a lawsuit is 60 days from the date of approval of the plan.
