📩 02/04/2020 15:54
TMMOB filed a lawsuit with the request of "Stopping and Canceling the Execution" regarding the plan change prepared for the Kanal Istanbul Project, which envisages an ecological destruction.
Prepared for Kanal Istanbul project; Istanbul Province Europe, which puts great loads on the natural and artificial environment, suppresses all the ecosystems of the Istanbul Metropolitan Area and the Thrace region, causes significant destruction on water basins, agriculture and pasture areas, forest areas, natural, historical and archaeological sites, and envisages an ecological destruction. If the Reserve Structure Area of 1 / 100.000 scale Environmental Plan Change has ecological sustainability, urbanism and planning techniques, principles and principles, and public benefit, the decisions and processes envisaged by the plan change are clearly unlawful and cause irrecoverable damages. As it will happen, the lawsuit was filed by TMMOB and Chambers with the request of “Stopping and Canceling Execution”.
In the lawsuit filed; In terms of the Presidential Decree No. 1, the Law on Transformation of Areas Under Disaster Risk No. 6306 and the Municipality Law No. 5393 regarding the Constitution, it was stated that the amendment of the subject matter of the case was not under the authority of the Ministry of Environment and Urbanization. then, it was revealed that the plan change was against the Planning Techniques, Urbanism Principles and Principles and Planning Legislation.
In the petition, the amendment of the plan subject to the case does not include a public benefit specified in the Constitution and laws, it will consume forest areas, coasts, watersheds, agriculture and pasture areas, all the life resources of Istanbul and Thrace, and will disrupt the ecosystem of the Black Sea and Marmara Sea, Stating that it will create an intense structure and population pressure on sensitive ecosystems; Non-compliance with the upper scale plans that must be complied with, as required by the legislation.
In addition, in the 2009-scale 1/100 000 scale Environmental Plan, it is mentioned that “the development of multicentre and stepped development on the east-west axis and along the Marmara Sea, by controlling the city development that tends to develop to the north in order to protect sensitive ecosystems in the north”, that is, urban development While the principle of stopping was adopted; The change in the subject matter of the case was defined by defining a development axis in the North-South axis, stressing the city's entire northern region and its sensitive ecosystems under the pressure of urban development, and this was against the law.
Again in the petition, the environmental risks and impacts of the Kanal Istanbul Project, which is the basis of the Plan change; by specifying the effects on water basins, seas ecosystem, ecosystem of the region, both microclimate and climate of the region, climate, agriculture, forest and pasture areas, and natural and archaeological sites within the planning area; The law and regulations and the international agreements were unlawful.
Finally, it is emphasized that Kanal Istanbul Project, which is the subject matter of the plan change and the plan change, does not contain public benefit, by putting great loads on the natural and artificial environment, suppressing all ecosystems of the Istanbul Metropolitan Area and Thrace region, water basins, agriculture and pasture areas, forest areas, natural, The ecological sustainability, urbanism and planning techniques, principles and principles of the Istanbul City European Side Reserve Building Area 1 / 100.000 scale Environmental Plan Change, which causes significant destructions on historical and archaeological sites, and foresees an ecological destruction, to be contrary to the public interest, A decision was made to suspend the Execution and Cancellation, as the decisions and procedures envisaged by the plan change would clearly cause irrecoverable damages if they were unlawful and enforced.