Clash of public law and private law as results of protocol - governed planning: The 'Izmir Basmane world trade center' case

Abstract

This article presents findings of an extreme-deviant case study about a single parcel which is known as The Basmane Hole. The parcel is named as "The Land" through the text. The Land which was a public property until 1997 was partially privatized via in-return-for-flats type of a protocol. Following several planning processes, jurisdiction and capital mobilizations, The Land transformed into an unresolved urban question. By the year 2016, The Land stands at the city's agenda after initiation of a new investment group. Besides the fact that various causal explanations are possible within the complexity of events, a crucial planning phenomenon which is not thoroughly referred in planning literature appeared in The Land case. Research argues that the five dimensions of planning proposed by Raci Bademli (plan, programme, project, policy, pecuniary) requires a sixth one: Protocol. This mode of agreement among shareholders aiming to achieve a concrete project is formed as an in-return-for- flats type, and determines planning codes to a significant extent, yet resulted in conflict between planning law and law of obligations. Findings of the research also provide a ground for necessary debate regarding the limits and potentials of communicative planning approach that is the dominant discourse in planning circles revolving around concepts of negotiation and participation.