Powers of administrative authorities in urban planning

Zoning plans, which are among the fundamental legal instruments of urban planning, are multifaceted administrative acts that produce economic, political, and sociological effects beyond physical spatial intervention. Within the scope of this study, the regulations regarding the determination of authorized administrative units in urban planning in the Turkish legal system have been examined in light of their historical origins, constitutional principles, and judicial decisions. The first part of the study examines the origins of urban planning in Turkey and the legislative experiences that developed under the influence of the Tanzimat in the pre-Republican period. In the second part, which covers the post-Republican period, the focus is on the urban development process of Ankara, emphasizing the nature of early planning and attempting to explain the reasons for centralization. It was subsequently observed that the powers granted to local administrations were soon centralized again, and an attempt was made to analyze the causes and consequences of this. Through this, it was aimed to establish a basis for reflecting on the reasons behind today's regulations on administrative authority. In the final section of the thesis, the planning powers in the current legal system have been examined within the framework of the established precedents of the Constitutional Court and the Council of State. The approach of the Constitutional Court, which views the distribution of authority in zoning plans as being at the discretion of the legislator while maintaining the autonomy of local administrations, and the decisions of the Council of State subjecting the powers of the central administration to review, have been examined. Additionally, the effects on the distribution of authority of processes such as economic factors, urban transformation, privatization, and special-purpose plans, which are decisive in urban planning, have been discussed. In conclusion, the necessity of a 'block of plans' to ensure harmony between central and local administrations and a platform for negotiation for the resolution of conflicts of authority has been emphasized.