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URBAN PROTECTED AREA

Güncelleme tarihi: 1 Mar 2021

In Law No. 2863 on Protection of Cultural and Natural Assets, there are no definitions that contain restrictive usage decisions for other types of sites, except Natural Sites, because they are not considered appropriate. These concepts are explained by regulation principles and decisions. The type of study examined in this paper contains many features (for example, historical, architectural, artistic) in Urban Site and Urban Site Areas and practices.


The definition of the immovable cultural assets and urban sites that are necessary to protect urban sites are as follows;


'' The area where architectural, local, historical, aesthetic and artistic features are present, and because of their coexistence and transfer of the life style of those settlements as a whole to the next generations, the area where cultural and natural environment elements coexist720 sayılı ilke kararı 3/c ”


As a result, in order for an area to be counted as an 'urban site', a place must have an urban texture that includes more than one element (fountain, wall, structure) that has the value under protection. Cultural assets in the area providing these features are declared as "Urban Site" as a whole and precautions are taken accordingly.

In Urban Sites, the principles of protection have been determined by the principle decision number 720. This principle decision defines the urban site and details the basic principles of terms of use with the following provisions like that; Principles of zoning practices in urban sites, inspection decisions in urban sites and preparation of conservation plans in urban sites. These provisions gather practices in this area in principles and resolutions numbered 720. In order to realize the practices in the Urban Sites, when a place is declared as an urban site, the transition period in which the transition principles and the conditions of use are applied for the development of zoning applications are applied, and in this process, zoning applications are not made except for the compulsory (like that; border regulations) situations. During these processes, the supervisory institution is the Protection Regional Boards. Approval of the conservation region committee is required for the realization of the project prepared in the conservation zoning plan for the main repair of the registered cultural heritage buildings located in the Urban Protected Area, but consent of the Conservation Regional Board is not required for non-essential repairs. Property ownership continues, whether or not the immovable properties in the Urban Protected Areas are registered works. As long as ownership continues, the obligation for repair and maintenance is imposed on the right holder. For the interventions that the rightsholder wishes to carry out, they must obtain a permit from the Protection Area Boards and KUDEB (Protection Application and Audit Offices) 720 sayılı ilke kararı 3/c . If the interventions that the rightsholder wishes to make are capable of extending the life of the structure and transferring it to the future, the Protection Regional Boards and KUDEB have to provide the requested permit. Upon completion of the essential repairs and modifications made with the consent of the Conservation Regional Boards, it is obligatory to obtain a building permit and a permit. These permits can be issued by the Protection Regional Boards and KUDEB720 sayılı ilke kararı m.3/d. .


Since the protection practices in the Urban Sites are caused by the restriction of the rights of the individual, the implementation of these decisions depends on the right of the owners of the urban sites to adopt and implement the decisions. To do this, at the decision-making stage, the right holders should be maintained in a transparent manner connected with the relevant professional chambers and associations. Although there is no regulation regarding the participation principle in the Law No. 2863 on the Protection of Cultural and Natural Assets, the evacuation, demolition and expropriation of the buildings in the renewal areas in the Law No. 5366 on Renewal Protection and Use of Worn Historical and Cultural Immovable Properties It should be stated that it is positive to participate, even if partially, by adopting the principle of agreement(H.Gök 2017 p.72) .

Regardless of the classification of a site, all plans that are legally valid for the area become invalid upon gaining the status of a site. The necessity of institutions to make new plans about the declared area arises. The transition time previously refers to the time until the new plan is made. The transition period rules are valid until the development plans for protection are made during the transition period. One of the issues criticized in this process is the deliberate extension of the transition process in our country and delaying the announcement of the Conservation Development Plan (H.Gök ,2017,p.155) . In order to solve this problem, it was not successful in the law despite the time limitation for transition periods. For the solution of this problem, sanctions should be imposed on members who delay the approval process, which prolongs this process (H.Gök ,2017,p.155) . Although the registration of immovable cultural assets in the Urban Sites is protected individually, it is important to declare the area containing these registered buildings as protected areas in order to protect them as areas. Regional protection, which started with the declaration of Urban Site, falls within the scope of protection whether or not all immovable properties in that area have registered works or not. For the areas declared as Urban Protected Areas, the cancellation proceedings must be examined meticulously and in the light of scientific data by the relevant institutions. An important point on this issue is that it is possible to implement conservation plans, which are declared as an urban conservation area of a site, and announced after the transition period, for many years without changing, unless a compelling reason has occurred. Although it is important not to respect the objections or plan breaking decisions that are not based on scientific data for all other sites, it is not possible to achieve this in practice.


When we look at the zoning plans in general, we can say that the aim of printing is a healthy urbanization. As it is known that this dominant feature is privileged in the plans, it is obvious that the protection will remain in the background in the general development plans and this will affect the site areas negatively. The distinction between the development plans and the protection plans, where there are qualitative and technical differences, and the use of forward and backward data, to distinguish between the plans. Such reasons make indispensable development plans indispensable for transferring the necessary and protected areas to future generations. It should give priority to the objectives such as determining the importance of the zones that are accepted as urban sites with the protection zoning plans in the city, developing the concept of conservation in the zoning plan, giving a new function together with the urban site and the settled people (S. Toka ,1984, p.192) .


References:

1. H.GÖK(2017) , Koruma Alanlarındaki İmar Uygulamaları , İstanbul ;onikilevha yayıncılık 2. Korunması Gerekli Taşınmaz Kültür Varlıklarının ve Sitlerin Tespit ve Tescili Hakkında Yönetmelik

3. 720 sayılı ilke kararları

4. 2863 sayılı Kanun 5. Selen Toka, ‘’Koruma Amaçlı İmar Planlarında ve Tatbikatlarında Sorunlar’’ , Şehirciliğin Son 25 Yılı Semineri , İstanbul , İTÜ Mimarlık Fakültesi Baskı Atölyesi,1984



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