Board decisions allowing construction in Phaselis annulled

Yusuf YAVUZ/ 12punto.com.tr

The court has annulled the Conservation Board decisions that approved two separate public beach projects intended for the bays of the ancient city of Phaselis in Antalya's Kemer district, which are protected as 1st-degree archaeological sites.

The project, launched by the Ministry of Culture and Tourism in February 2023, involved large-scale construction in the Alacasu and Bostanlık bays within the protected area. The lawsuits filed by the Chamber of Architects and the Chamber of Landscape Architects, as well as local residents, resulted in an annulment decision.

The Ministry of Culture and Tourism's project, which continued despite public outcry, posed a serious threat to the natural and cultural heritage of the ancient city of Phaselis. Despite stay-of-execution orders issued last year, the contractor continued construction and proceeded with development in both bays. Construction work, which was carried out under the supervision of armed soldiers following objections from plaintiffs regarding the ongoing work despite the court order, had sparked public reaction.

CONSTRUCTION CARRIED OUT IN ARCHAEOLOGICAL SITE AND NATIONAL PARK

As part of the 'Phaselis Ancient City Ruins and Complementary Coastal Area Environmental Arrangement' project implemented in the Alacasu and Bostanlık bays, which have the status of 1st-degree archaeological sites in the approximately 2,700-year-old ancient city of Phaselis, some buildings were constructed in Alacasu Bay, while work remained unfinished in Bostanlık Bay.

COURT FOUND PLAINTIFFS RIGHT, ANNULLED BOARD DECISION

A lawsuit was filed against the project, which opened the bays of the ancient city—also located within the borders of Beydağları Coastal National Park—to construction, and against the Regional Conservation Board decision that formed the basis for this project. The Antalya 3rd Administrative Court, which heard the case filed by the Chamber of Architects and 15 citizens, found the plaintiffs right and annulled the Board's decisions.

'CONTRARY TO PRINCIPLE DECISIONS, PUBLIC INTEREST, AND LAW'

In the annulment decision dated March 24, 2023, regarding the lawsuit filed by the Chamber of Architects and 15 citizens, it was stated that the implementation of the projects would have negative effects on biodiversity and nature, and the following was noted: "In this respect, it is concluded that the site plan and projects prepared for the Alacasu (Cennet) and Bostanlık bays located in the Phaselis Ancient City 1st Degree Archaeological Site, which were approved by the Antalya Regional Board for the Protection of Cultural Heritage's decisions dated 13/10/2022 numbered 14634, dated 26/10/2022 numbered 14708, and dated 15/11/2022 numbered 14780, are not in accordance with legislative provisions, principle decisions, public interest, and the law."

ATTORNEY TUNCAY KOÇ: 'PLAINTIFFS' CLAIMS CONFIRMED BY THE COURT'

Evaluating the annulment decision, Tuncay Koç, one of the lawyers for the case, emphasized that the tender for the project had also been previously cancelled, stating: "The Ministry of Culture and Tourism had carried out a day-use area project for the Alacasu (Cennet) and Bostanlık bays located in the Phaselis Ancient City 1st Degree Archaeological Site 1.5 years ago.

Against the project, for which the tender was held in January last year and the site was handed over after the February 6 earthquake, the Chamber of Landscape Architects, the Antalya Branch of the Chamber of Architects, and 14 citizens living in Tekirova filed lawsuits. Last week, the Antalya 3rd Administrative Court annulled the Cultural Heritage Conservation Board decisions that were the basis for the projects.

The decision emphasized that the permitted project was contrary to the National Parks Law, the Coastal Law, and Law No. 2863. Thus, the plaintiffs' claims were confirmed by the court. Additionally, the Ankara 11th Administrative Court also annulled the tender for the project in another case."

MINISTRY'S PROJECT WAS FAR FROM PROTECTIVE

Emphasizing that treating the 1st-degree archaeological site and national park area, which also includes the ancient city, like an ordinary beach was both unlawful and that the damages it would cause in terms of archaeology and the ecosystem were revealed by expert reports and court decisions, Koç said, "The Ministry continued its illegal activities in the area despite the stay-of-execution order.

This coastal plunder must be abandoned. We must sustain tourism with an approach that protects the environment and history. None of this was present in this project of the Ministry," he said.

Attorney Tuncay Koç extended his special thanks to the Antalya Ecology Network and the 'Don't Touch Phaselis' movement, which have supported the process regarding the Phaselis case from the beginning.