CIPA 2003 XIX th International Symposium, 30 September - 04 October, 2003, Antalya, Turkey
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2. DEFINITION OF THE PROBLEM
Especially in developing countries, as a result of rapidly
development / growth in urban areas, a lot of problems have
been arised. One of them is related with protection of historical
assets having cultural worth. Urban development is realized
respect to a plan via public investments, on the other hand,
some of the new real estate owners could be build inappropriate
buildings in protection areas. Dominant factor of protection
concept is arised from gaining of private property in such areas,
because, especially in developing coumtries, land property is
very important for wealth or capital accumulation of human
being. So, development plans bring same rent to the all real
estates is main expectation of real estate owners. Whereas, in
reality, with development plans, while some real estates owners
have rent, the others whose lands allocated to public service or
have restricted development rights are deprived of rent.
Because of the restricted rights, especially for the real estate
owner who have historical asset in his land can not use their
development rights, so, some social injustices are appearing. In
addition, because of the restriction, some of these real estate
owners destroy the historical assets in his land. It is a principal
that individual property and it’s guarantee by government is a
main human right. With this principal, can not be used such a
real estate afterwards for country or public benefit? No, but, it
is a social paradox. Then, some methods have to be developed
respect to both society and real estate owner’s benefits. As a
matter of fact, to the person who is owner of a historical asset is
given some rights. The most important of them is that
development rights are used. In other words, it is a traditional
method that cost of the real estate that development rights are
restricted / confiscated are paid to real estate owner by
government or that real estate is barter with an equivalence real
estate of government.
3. THE PURPOSE OF THE STUDY
Real estate owners use their real estates in development rights
framework. Because of the restrictions, real estate owners,
whose real estate in historical protection areas, can not use their
rights considerably. Certainly, like the other rights, developing
property right is not an unlimited right and always used in
specified restrictions. Remarkable development right
differences in same district result in unavoidable reactions
(Sokman, 1987).
Two base indicators are taken in the consideration in allocation
of development rights in planning process. One of them is land
value, the other is density level of settlement / structuring
demand. In other words, development rights are allocated in
maximum level in the areas where real estate has the highest
value and demand for settlement is the highest.
Accordingly, in Central Trade Areas (CTA), generally
development rights are very densely allocated and real estate
values are high. Consequently, because of the restrictions, real
estate owners who have historical asset in his land have a big
loss in such areas (Sokman, 1987). In this study, just as the
district located in central area are selected.
Collecting, updating manipulating and displaying data is a
necessity in urban level. Following of such an consecutive-
temporal development with classical methods is very difficult.
The purpose of this study is gaining the private property of
historical real estates to public property in urban areas. To
realize this purpose, existing buildings, cadastral map, property
registers and historical castle walls have been digitized. GIS
techniques were used for querying, analysing, displaying and
reporting of spatial information. The digitized topographical
map done by Trabzon Municipality in 1999 is used to constitute
digital layers.
4. DEVELOPMENT RIGHTS TRANSFER METHOD
The main idea of this approach is to provide that real estate
owner use development rights of his real estate independently
from his real estate’s location. This method provide that the
development rights which are not allocated in historical areas
are allocated at other urban areas independently from real
estate’s location (Sokman, 1987).
The most important factor to increase the applicability of
development rights transfer method is meeting of public and
real estate owners’ expectations. In other words, the success of
application rely on real estate owners’ pleasure in both sending
and receiver areas. One another important factor is allocation of
active fund for the real estate owners who want to convert his
development rights to cash, in beginning of the study. In
addition, reliability of this fund also contributes to success of
the system. However, especially transferring rights is very
important for countries suffer from lack of cash source.
A purchase of development rights program is simple in practice.
First, local leaders (through a strategic planning and priority
setting process) decide which historical acreage or real estate is
most important to retain so as to maintain historical (or cultural)
character and/or to form an “anchor” for a national historical
preservation effort. Second, the value for historical real estate
or parcel which is in the historical area is determined. This
value is accepting its rental income per year. Third, rental
income per year of the parcel or real estate if converted to a not
historical (imperfect ownership) use is estimated. Fourth, the
difference between the values of the parcel/real estate as
historical or as a development is estimated. For example, the
historical real estate value might be 20.000$ but the value of the
development parcel or imperfect ownership is cancelled to a
prospective subdivider might be 50.000$. The difference is the
“development right” value of 30.000$ parcel/real estate. Fifth,
the parcel/real estate owner would receive a check in the
amount of 30.000$ times the number of parcel/real estate to be
included in the TDR project. Sixth, the owner would agree to
have a restriction placed on the deed to the property in which
the owner agrees never to sell, donate, or bequeath the parcel
for a use other then as is (Last, 2000).
5. THE STUDY AREA
Trabzon city locating Trabzon Castle in it is a coast city that
extend along Blacksea coast in the north east of Turkey (Figure
1). Because of the geographic characteristic, it has become an
important center for a long time. The historical silkroad passes
through Trabzon. This situation has increased of it’s historical
importance. In some historical literature, it has emphasized that
Trabzon established in B.C. 756 and it also agreed by the
researchers who research Trabzon’s history (Trabzon Valiligi,
2002).
Built between Roman and Byzantine Empire term, Trabzon
Castle consists of the three part. These parts are named as
Ighisar, Ortahisar ve A§agihisar (Figure 2). The study area,
Ortahisar, is located on the hill which separate Tabakhane and
Zagnos Walley. Both Tabakhane and Zagnos Walley hillsides
have unsuitable buildings. Along these walleys, there are
buildings that adjacent to the castle. Kalei^i also have the same
construction conditions (Figure 2). Some historical assets in the
