Izmir Metropolitan Municipality applied to the judiciary for the annulment of the regulation prepared by the Ministry of Environment, Urbanization and Climate Change, which will open the land that was vacated by the demolition of Buca Prison for construction. In the petition, it was stated that declaring the parcels containing the prison land as “Reserve Building Areas” would increase the population and building density in Buca, and the cancellation of the said transaction was requested on the grounds that it was against the law, public interest, urbanism principles and planning principles.
Mayor of Izmir Metropolitan Municipality Tunç SoyerDespite repeated calls by the Ministry of Environment, Urbanization and Climate Change for the Buca Prison land to be brought into the city as a green area, it was brought to the judiciary that the Ministry of Environment, Urbanization and Climate Change made a regulation that would open the said land for construction. İzmir Metropolitan Municipality filed a lawsuit in İzmir 6th Administrative Court with the request for the suspension and cancellation of the process regarding the Ministry's designation of the land that emerged after the demolition of the prison as a “Reserve Building Area”.
The following grounds were put forward in the lawsuit filed by the Izmir Metropolitan Municipality:
Not published in the Official Gazette
The Authority's Approval dated 24.08.2020 and numbered 163086 of the Ministry of Environment and Urbanization, which is the subject of the lawsuit, was not notified to the Izmir Metropolitan Municipality, was not published in the Official Gazette, and was not announced on the official website of the Ministry of Environment, Urbanization and Climate Change.
No technical or scientific justification
According to the provision in the Implementation Regulation of Law No. 6306 by the Ministry, it was stated that the determination of the “Reserve Structure Area” made without relying on any data and without issuing a determination justification report is against the law.
In addition, it was stated that there is no technical or scientific justification for the aforementioned area, which can be built according to the current zoning plans, to be designated as a reserve building area to be used as a new settlement area.
There is a need for qualified urban living space, not an increase in density
In the grounds of the case, it is stated that the area determined as a reserve building area is not an area with a density of housing plus commerce, but needs a qualified urban living area where roads, green areas, social cultural areas, squares and similar public areas increase, in accordance with the geological-geotechnical studies. underlined.
Contrary to law, public interest, urbanism principles and planning principles
While listing the reasons for the lawsuit, it was stated that the designation of public parcels or areas in urban residential areas with a very high population density as "Reserve Building Areas" would lead to plan changes that would reduce the social and technical infrastructure areas needed by the region. Emphasizing that the determination of a "Reserve Building Area" in such areas does not involve public interest, it was demanded that the action subject to the lawsuit be against the law, public interest, urban planning principles and planning principles, and therefore an annulment was requested.
Izmir Metropolitan Municipality also prepared a new plan
After the demolition of the Buca Prison, the master development plans prepared by the Izmir Metropolitan Municipality, including the arrangement of the land as a recreation and parking area, were approved in the October assembly. Mayor of Izmir Metropolitan Municipality Tunç Soyer“We are all from Izmir and we are trying to protect Izmir. As the Metropolitan Assembly, we act with the public conscience, which is the basis of the law before the law. And the public conscience envisages us to bring this place to this city as a green space. Public conscience says so. No one with a public conscience can say that there is no green here.”
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