Bad news for Çiller from IMM: Zoning plan change for beachfront land in Kilyos cancelled

The zoning plan change issued by the Ministry of Environment, Urbanization and Climate Change for the land in Kilyos, Sarıyer, owned by Marsan Marmara Holding A.Ş., which belongs to former Prime Minister Tansu Çiller and her husband Özer Çiller, has been cancelled for the second time following a lawsuit filed by the IMM.

The 14th Administrative Court of Istanbul ruled that there was no compliance with the law in the 1/5000 scale Conservation-oriented Master Development Plan and the 1/1000 scale Conservation-oriented Implementation Development Plan approved by the Ministry of Environment, Urbanization and Climate Change on May 3, 2023.

MINISTRY HAD INTERVENED FOLLOWING PREVIOUS CANCELLATION

The existing plans for plots 305, 306, and 309 in block 0, sheet 1, belonging to the Çiller family in the Kilyos neighborhood of Sarıyer, were first challenged by the IMM in 2020. On November 2, 2021, the 5th Administrative Court of Istanbul ruled for the cancellation of the plans. The appellate court also upheld the decision.

The decision was finalized and confirmed by the ruling of the 6th Chamber of the Council of State dated 29.12.2022. Despite this, the Ministry of Environment, Urbanization and Climate Change proceeded with a plan change for the same land. The lands, which held the status of “Qualified Natural Protected Area,” were reclassified as “Sustainable Conservation and Controlled Use Area.”

The IMM also filed a lawsuit against this new plan change, which implied that the region was a tourism zone, could be used for hotel operations, and was suitable for construction.

COURT RECALLED THE CONSTITUTION

The 14th Administrative Court of Istanbul recalled previous judicial decisions regarding the same location and cited Article 138 of the Constitution, which states: “Legislative and executive organs and the administration are obliged to comply with court decisions. These organs and the administration cannot change court decisions in any way and cannot delay their execution.”

COURT PUT A STOP TO CONSTRUCTION

Pointing out that the construction rights granted to the land in question created a privilege, that there was no public interest, and that there was no demand for a tourism zone in the region, the court ruled in favor of the IMM.

The zoning change made by the ministry for the land owned by the Çiller family has been cancelled for the second time, with the right to appeal remaining open.

News Source: 12punto