a critical evaluation on the concept of justice in planning process

Narlıdere realized in 1992. By this change, planning practice and actors determining
planning practice have also changed.
Second effect is the legal and administrative arrangements enacted after 1980 in
Türkiye in general. Primary legal arrangement which is very important in the
framework of the study is the Development Act No.3194 mentioned above, that was
enacted in 1985. This act is one of the most important legal arrangements that
determines planning practice and planning process in Türkiye. In the extent of the act;
minimum standards that are obligatory in plan making process, means of
implementation, and hierarchic structure of planning are declared. By the new
arrangements in the act; authorizations, tasks and responsibilities in plan making-
approval stages have been conveyed from central government to local governments.
Conveyed authorities and planning process have also been localized. Furthermore, local
administrative courts have been stated as the authorized institution of spatial subjects in
administrative dimension by the amendments in Turkish administrative and legal
system and by the laws arranging administrative judgement (Aybay&Aybay, 2003, 250-
253). Administrative courts established by the Act No.2576 59 were the primary
authorization that spatial conflicts are proceeded. Council of State was the authorized
court before the act and by the act, Council of State has been the authority of appeals.
This process means the localization of both development planning process and conflicts
in this subject in legal-judicial control and indicates a different term in planning
practice. Institutional transformations in legal process regarding development planning
practice and legal arrangements are the indicators of determination of development
planning and urban development after 1980.
As a result of these developments; municipalities of Balçova and Narlıdere in
the study area represent one of the administrative bodies that has the authorization, task
and responsibility on development plans, space and spatial arrangements, interventions,
decisions that will be taken in the name of public inside municipal boundaries.
Particularly, in the Development Act No.3194 and Act of Municipalities No.1580,
municipalities’ authorizations and contents of these authorizations in development
planning process are declared. In this framework, in the actions proceeded about
physical space, municipality is one of the most important parties in arrangement,
59 Act of Establishment and Tasks of Regional Administrative Courts, Administrative Courts and Courts
of Tax No.2576 has been enacted in Jan 6, 1982. Other important acts concerning administrative
judgement are; the Act of Council of State No.2575 and Act of Administrative Judgement Procedures
No.2577.
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