Kanal Istanbul zoning plan cancelled

The Ministry of Environment, Urbanization and Climate Change approved the 1/5000 scale Master Zoning Plan and the 1/1000 scale Implementation Zoning Amendment regarding the 1st Stage of the Istanbul Yenişehir Reserve Building Area (Kanal Istanbul Project) on July 15. 

Following this, the Istanbul Metropolitan Municipality took immediate action. The zoning plan was suspended for one month as of July 16, 2021. The IMM immediately objected to the plan amendment and took the matter to court.

In its application, the Istanbul Metropolitan Municipality emphasized that the plan amendments were contrary to the public interest. It was argued that agricultural lands, forests, and water basins, which are of vital importance for Istanbul and those living in the city, would be damaged. The Ministry of Environment, Urbanization and Climate Change rejected the IMM's objection.

NO COMPLIANCE WITH THE LAW

The Istanbul 11th Administrative Court found the IMM's objection justified and decided to cancel the zoning plan. In its decision numbered 2023/3120, the court determined that "the 1/5000 scale Master Zoning Plan and 1/1000 scale Implementation Zoning Plan Amendment regarding the 1st Stage of the Istanbul Province, Yenişehir Reserve Building Area (Kanal Istanbul Project) approved on 15/07/2021, and the implicit rejection of the objection made to these plan amendments dated 16/08/2021 with BK No:4274 and IMM No:138918, do not comply with urban planning principles and foundations, planning techniques, or the law."

DEFICIENCIES IN THE EXPERT REPORT

In its decision, the 11th Administrative Court noted how the population was determined in the revision zoning plan amendments subject to the lawsuit and that this situation created uncertainty. The decision stated that the expert report lacked population calculations and information regarding the opinions of investor institutions and organizations. Cemetery areas were also shown as afforestation areas. The court noted that this situation was also contrary to regulations.

EIA CASE BEING HEARD AT THE COUNCIL OF STATE

The IMM's other lawsuits regarding the Kanal Istanbul Project are ongoing in the judiciary. The case regarding the Environmental Impact Assessment (EIA) report is being heard at the Council of State.

News Source: 12punto