22 stories instead of 12! Zoning plans in Esenyurt canceled after 10 years

In Istanbul's most populous district, Esenyurt, the legal process regarding the cancellation of the TEM South 4th Stage Implementation Zoning Plan, which covers the Haramidere region, has concluded. The cancellation decision issued by the Fourth Administrative Litigation Chamber of the Istanbul Regional Administrative Court was also upheld by the Council of State's Board of Administrative Litigation Chambers, making the ruling final. A potential demolition order in this region, where approximately 80,000 people live, could affect thousands of people.

The cancellation process began with the zoning plan approved by the Istanbul Metropolitan Municipality and Esenyurt Municipality in 2013. While skyscraper construction was progressing rapidly, a local resident, Z.Ö., applied to the Esenyurt Municipality on December 16, 2015, stating that construction was being carried out in violation of the zoning plan. After the request was rejected, Z.Ö. applied to the Istanbul 10th Administrative Court on March 17, 2016.

ALLEGATIONS OF VIOLATION OF ZONING REGULATIONS

In the petition submitted to the court, Z.Ö. stated that the height of the property in the zoning plan should have been 36.50 meters (12 stories), but the existing structures were built between 25 and 30 stories. He noted that planning principles were not followed and that these structures would negatively affect the silhouette of the region. The Istanbul 10th Administrative Court rejected Z.Ö.'s application on October 17, 2017.

CASE MOVED TO HIGHER COURT

In 2019, Z.Ö. took the matter to a higher court, applying to the Fourth Administrative Litigation Chamber of the Istanbul Regional Administrative Court. In 2020, the court accepted Z.Ö.'s request and canceled the zoning plan.

APPEAL PROCESS

Following the cancellation decision, the Istanbul Metropolitan Municipality (İBB), Esenyurt Municipality, and Tekfen Emlak Geliştirme Yatırım A.Ş. appealed the decision in 2022. The 6th Chamber of the Council of State rejected the appeal in 2023. The two municipalities and the company applied once again to the Council of State's Board of Administrative Litigation Chambers. After hearing the presentation of the technical judge, the board upheld the cancellation decision.

The Istanbul Regional Administrative Court explained the grounds for cancellation, stating that the existing structures were built in violation of the zoning plan and that the building density was increased by 30 percent. It was stated that 11 blocks were built in the range of 22-31 stories in an area where the maximum height was specified as 12 stories.

ILLEGAL CONSTRUCTION CONTINUES

During the lawsuit, Esenyurt Municipality did not intervene in the illegal construction. After the decision became final, a letter was written for demolition procedures in January 2024, but despite 8 months passing, no demolition has started yet. Construction continues in the region, and if a demolition decision is made, the relocation of thousands of people could become an issue. İBB officials stated that there is no demolition decision made in Esenyurt.

News Source: 12punto