Announcing its interim decision in the lawsuit filed against the changes in the zoning plan and the “reserve structure area” decisions, which are the basis of the Kanal Istanbul project, the court found the claims of the plaintiffs on the spot and decided to conduct an expert examination. The appraisal fee was determined as 50 thousand TL.
The decisions of the Ministry of Environment, Urbanization and Climate Change for the controversial project of the Bahçeşehir People’s Association and the citizens, Kanal Istanbul, “Amendment of the 1/100,000 Scale Environmental Plan for the European Side Reserve Building Area” and the cancellation of the “reserve building area” were cited as the legal basis for this change. Istanbul 5th Administrative Court adjourned the case.
EXPERT COMMITTEE WILL BE ESTABLISHED
Seeing the claims of the plaintiffs on the spot, the court decided to conduct an on-site discovery and expert examination of the real estate to resolve the dispute.
In the decision, it was requested that 50 thousand TL, which was determined as compensation for the search and expertise expenses, be deposited in the court within a week.
Judge Gün Yazıcı was appointed as the regent member in the discovery and expert examination to be made in the decision taken unanimously on 11 November 2022.
EXPERT WILL AUDIT COMPLIANCE WITH LEGISLATION
According to the decision, the expert will examine the reserve structure announcement process chronologically. It will be checked whether the later changes also cover the previous reserve structure areas.
It will be examined which transaction is the last reserve structure announcement valid in the region. The general construction situation of the region will be discussed.
The expert will be asked to examine technically and explain whether the boundaries of the reserve structure area are determined correctly in accordance with the legislation.
In order for a region to be declared a reserve structure area, it will be requested from the expert to explain in detail what the conditions are.
The examination of the reserve building area in terms of urban planning principles and legislation will also be carried out by the commission.
TECHNICAL EXPLANATION REQUESTED FOR THE CHANNEL
A detailed technical explanation will be requested by examining whether the waterway function is suitable for planning and urban planning principles, public interest and support project.
In addition, the committee will technically examine whether the reason for the plan is established, whether the functions are in accordance with the principles of planning and urbanism and the public interest.
