Following the lawsuit filed against the “EIA positive” decision for the Kanal Istanbul project, IMM filed a second lawsuit against the Ministry of Environment and Urbanization with the request to stop and cancel the execution of the amendment to the Istanbul Environmental Plan. With the plan change that is the subject of the case, millions of square meters of land have been opened for construction in "Yenişehir" around Kanal Istanbul.
SözcüAccording to the news of Özlem Güvemli from; “Istanbul Metropolitan Municipality (IMM) went to court for the second time after the lawsuit filed by the Ministry of Environment and Urbanization for the annulment of the“ positive ”decision for the Kanal Istanbul project for the Environmental Impact Assessment (EIA) report.
While the EIA process was continuing, the Ministry made amendments on December 1, 100, on the 30/2019 thousand scale Environmental Plan, which was accepted as the constitution of Istanbul, for the “Yenişehir” to be established around the Kanal Istanbul project.
The plan change, which was announced by İBB President Ekrem İmamoğlu, that the project has been on the agenda since 2011, is 30 million square meters of land movement, and which is the subject of discussion due to the lands purchased by Arab capital, covers an area of 26 hectares, ie 500 million square meters.
It is on the agenda to build houses, hotels, industrial sites, technoparks, universities, sports facilities, fully equipped hospitals on the 100 million square meter area of the planning area. While the suspension process was continuing, the IMM objected on 27 January 2020. İBB, whose objection was rejected, applied to the Istanbul 30nd Administrative Court with the request to stop the execution of the plan change and to cancel it, on the grounds that the damages that could not be compensated would occur if the change was brought to life on 2 March.
COMPENSATION WILL DAMAGE POWER
In the petition of the lawsuit, it was emphasized that the plan change process was clearly illegal, and said, “If the plan change action subject to the case is applied, it will lead to the birth of ecological, meteorological, geostrategic damages that are difficult to compensate for Istanbul and our country”.
NO POPULATION PROJECTION
It was stated that in the plan change approved by the Ministry, no population projections were made for the new settlement area, nor were there any provisions and regulations regarding the urban standards to be applied in the settlement area.
THE DEVELOPMENT OF THE CITY TO THE NORTH MUST BE PREVENTED
In the environmental plan approved in 2009, the city development, which tended to the north, was prevented, and it was emphasized that it was desired to be staged on the east-west axis and along the Marmara Sea. '' and directing the urban development to the north by violating the main decisions of the 1 / 100.000 Scale Environmental Plan, and disrupting the continuity and integrity of the plan ”.
NO VISION FROM ISKI
It was pointed out that the opinions of the relevant units of Istanbul Metropolitan Municipality were also not taken during the plan change process.
Underlining that the duty of protection of water resources in areas located inside or outside of Istanbul belongs to the General Directorate of İSKİ, “The plan amendment decisions that are contrary to the provisions of the Law No. 2560 are established by the Ministry of Environment and Urbanization, without obtaining the legally required opinion regarding the Sazlıdere and Terkos Dam basins. it is indisputable. ”
DISCLAIMER OF INTERNATIONAL CONTRACTS
Plans change of Turkey is a party, including the first Montreux Straits Convention, the UN Convention on Climate Change, such as the World Cultural and Natural Heritage Protection was underlined that contrary to many international conventions.
DISCLAIMER OF THE CONSTITUTION
Emphasizing that the change of the plan includes decisions that will change the geography and create major environmental problems with regional-national-continental effects, everybody has the right to live in a healthy and balanced environment according to the article 56 of the Constitution titled “Health services and environmental protection. The plan will negatively affect the natural environment, disrupt the environment and the health of all living creatures, and the right to live in a healthy environment will be violated. ”
RISKY BUILDING DOES NOT SOLVE THE PROBLEM
It was also stated that the residential areas specified as 'Yenişehir' in the plan change are not planned for the transformation of disaster risk areas in other parts of the city, and the building stock designed in this region is not related to the solution of existing risky structures.
In the petition, which pointed out that the authority was not used for the purpose specified by the law, the emphasis was placed on "New buildings will cause irreversible damages to the city's ecological corridor, water and lake basins, agricultural and forest areas, cultural assets, environment and demographic structure."
IMM IS LAWYED FOR EIA POSITIVE DECISION
IMM also filed a lawsuit against the Ministry of Environment and Urbanization on February 13 with the request for the cancellation of the “Environmental Impact Assessment (EIA) positive” decision for the Kanal Istanbul Project in January. No decision has yet been issued in the case.