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Using transfer of development rights (TDR) in a legally ambiguous context: Istanbul case

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  • Niron, Semin
  • Turk, Sevkiye Sence

Abstract

This article explores the different ways in which local governments apply TDR in the absence (uncertainty) of a legal framework and its consequences, focusing on the case of Istanbul in Turkey. Municipalities have implemented mandatory and voluntary TDR through plan notes. For this, the council decisions of Istanbul Metropolitan Municipality are examined, and it is determined which district municipalities use TDR through the plan notes. Semi-structured interviews with a total of 15 actors determined by snowball sampling were used to understand the reasons behind such use. Besides, the use of TDR in Bahçelievler and Arnavutköy districts, one of which is the central district and the other is the periphery district with both widely using TDR, and also examples of districts implementing mandatory or voluntary TDR types by plan notes are examined. The used type of TDR is an alternative for the acquisition of social and technical infrastructure needs in the city, is more open to market influence, and has a voluntary basis.

Suggested Citation

  • Niron, Semin & Turk, Sevkiye Sence, 2023. "Using transfer of development rights (TDR) in a legally ambiguous context: Istanbul case," Land Use Policy, Elsevier, vol. 135(C).
    • Handle: RePEc:eee:lauspo:v:135:y:2023:i:c:s0264837723004003
    DOI: 10.1016/j.landusepol.2023.106934
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    References listed on IDEAS

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    1. Sina Shahab & J. Peter Clinch & Eoin O'Neill, 2018. "Estimates of Transaction Costs in Transfer of Development Rights Programs," Journal of the American Planning Association, Taylor & Francis Journals, vol. 84(1), pages 61-75, January.
    2. Patricia Machemer & Michael Kaplowitz, 2002. "A Framework for Evaluating Transferable Development Rights Programmes," Journal of Environmental Planning and Management, Taylor & Francis Journals, vol. 45(6), pages 773-795.
    3. Jun Hou & Edwin H.W. Chan, 2017. "Policy Approaches For Sustainable Conservation Of Built Heritage Using Transfer Of Development Rights: International Comparison," Sustainable Development, John Wiley & Sons, Ltd., vol. 25(6), pages 528-545, November.
    4. Mi Shih & Hsiu-tzu Betty Chang & Frank J. Popper, 2018. "Development Rights: Regulating Vertical Urbanism in Taiwan," Planning Theory & Practice, Taylor & Francis Journals, vol. 19(5), pages 717-733, October.
    5. Shih, Mi & Chiang, Ying-Hui & Chang, Hsiutzu Betty, 2019. "Where does floating TDR land? An analysis of location attributes in real estate development in Taiwan," Land Use Policy, Elsevier, vol. 82(C), pages 832-840.
    6. Falco, Enzo & Chiodelli, Francesco, 2018. "The transfer of development rights in the midst of the economic crisis: Potential, innovation and limits in Italy," Land Use Policy, Elsevier, vol. 72(C), pages 381-388.
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