Investigating the legal status of the right to the city in the resolutions of the Supreme Council of Urban Planning and Architecture of Iran with an emphasis on the methodology of urban development plans

Introduction :

Urban planning rules and regulations are compiled by various institutions. The Islamic Council, the Board of Ministers of the Ministry of Housing and Urban Development, the Supreme Council of Architecture and Urban Development, and the Islamic Councils of the cities as bodies for drafting laws and regulations and municipalities and subordinate organizations, subordinate organizations of the Ministry of Housing, the Ministry of Roads and subordinate bodies of the Ministry of Energy, subordinate bodies as They are the enforcers of these laws. On an objective scale, the result of not following the legal foundations, especially the general principles and requirements of legislation in the policies of the executive system (urban development sector) and, conversely, planning and ignoring the position of the principles, goals and the nature of the issue of urban development in the legal system, both legislative and judicial, in a confused form. The physical-spatial system of the residential system the failure to fulfill the goals of urban development plans and the collision of the judicial procedure are evident. By examining and evaluating the country’s urban planning and architecture policy in a temporal, spatial, and thematic process, the complications of evidence and documentation emerged to show that the document of urban planning and architecture regulations of urban development plans is one of the most important components of these plans from a legal point of view. Compared to other parts The plan has more legal value and is more binding. Part of this weakness is due to the existence of objections or undeniable issues, for which the appropriate and comprehensive term is the title “inefficiency of the legal system of urban planning”, which results in lawlessness and a low tendency to legalize injustice. According to the above, this question is raised: To what extent has the position of the right to the city been observed in the resolutions of the Supreme Council of Urban Planning and Architecture of Iran in the methodology of urban development plans in Iran? 

The current research method is applied research in terms of the purpose of the research. After the completion of the studies, its results will be useful in the way of urban planning and how to study, review, and prepare urban plans. The type of reasoning used in this research is based on the inductive-deductive method. This type of reasoning is the most scientific method. In this way, nowadays the most important aspects of deductive and inductive methods are combined and used in the scientific method. In this regard, the framework and direction of the research were determined by referring to general issues and information, and by that, the research problem, the main goal, the main question, and the tools and methods of conducting the research were determined and explained. In the following, by using inductive reasoning and the frameworks determined in the research plan, the required information was prepared and presented in appropriate categories. In this regard, the way to obtain applicable information is to use the existing and proposed information of the approved urban development plans in successive stages, which has been discussed. Other information has been collected and prepared from the review of available sources and the researcher’s direct investigations in this regard. Finally, with analogical reasoning and using the collected information, the studies have been summarized by relying on reason and general propositions, the result of which is the presentation of the causes and roots of problems in the methodology of urban development plans in Iran, in the preparation of urban development plans and solutions from the perspective of the right to the city has been stated in the policymaking of the Supreme Council of Urban Planning and Architecture of Iran. 

The results of the research showed that in total and among all the studied sources, the highest percentage of frequency and thematic emphasis is on the axes of criticism of the approach (31%), criticism of the process (27%), feasibility (14%) and criticism of the tools and methods of projects. Urban development (10%) has been achieved, which shows the main emphasis of professors and professionals in this field on these areas. A significant part of the factors affecting the non-fulfillment of urban development plans is related to the other three areas of incorrect approaches and processes and inappropriate tools and methods. This is why the main orientation of this research is based on the threefold improvement of the approach, process, and tools of urban development plans using the knowledge of future studies. With these explanations, in the following, the separation in each of these three areas, the meta-analysis of the status of the components of each category, and the most important results are extracted. In the meta-analysis of the critique of the “approach” of urban development plans, the most important factors that will be listed are classified in the form of five categories: Lack of optimal efficiency . Lack of comprehensiveness . Cognitive limitation and information limitation  Failure to correctly predict the future ..Structural and content problems. 

 One of the important measures to modify the service description is the preparation of plans, which is followed by the general description of the proposed services in this article along with their production documents. In this type of research, inductive and comparative methods are combined. The way of applying this paradigm in different parts of the research was to study the concepts and types of plans, the evaluation of the success rate of the plans in Iran, the convergences and divergences in the urban development plans, and the like in the framework of the inductive method and other words in the objective world. It was done and finding the root causes of problems in the methodology of plans and summarizing, comparative comparison, and presentation of new planning theory and methods was done through analogical method and in the mental world. The current research benefited from the positivist paradigm on the one hand and from the new positivist and phenomenological paradigms on the other hand. By doing this research, in addition to obtaining the necessary maps for the optimal implementation of urban development plans, it also provides the conditions for monitoring the quality of the implementation and provides a basis for a better understanding of the useful results of the plan. This research allows the employer or the users of the results of this research to develop criteria for evaluating the accuracy, validity, and reliability of urban development projects in Iran from the legal perspective of the right to the city.