TMMOB Files a Lawsuit Against the Environmental Plan Prepared for Kanal Istanbul

TMMOB Filed a Lawsuit Against the Environmental Plan Prepared for Kanal Istanbul
TMMOB Filed a Lawsuit Against the Environmental Plan Prepared for Kanal Istanbul

The Union of Chambers of Turkish Engineers and Architects (TMMOB) and 14 trade associations affiliated with TMMOB filed a lawsuit against the Ministry of Environment and Urbanization, which made changes in the 1 / 100.000 Scale Environmental Plan for the Kanal Istanbul project.

In the petition submitted to the Istanbul Administrative Court, "suspension of execution" and "cancellation of the plan change" were requested.

Ugur Sahin from BirGün according to the newsIn the petition filed to the court, it was underlined that the plan amendment was against the law "in terms of authority". It was also emphasized that the Ministry of Environment and Urbanization is not legally authorized to make and approve the plan:

“The legal basis of the plan change subject to the case is Law No. 6306. Although the Ministry has defined the authority to make all kinds of plans in reserve building areas, the Ministry has not been given 'plan approval' authority. In this context, it is clear that the Ministry of Environment and Urbanization does not have the authority to approve the plan in the subject area, in accordance with Law No. 6306. "

Water resources will disappear

Referring to the water resources in the petition, it was reminded that the General Directorate of İSKİ stated that "with the passage of the waterway route over the Sazlıdere Dam, it will cease to be a source of drinking water":

“In case the Sazlıdere Dam becomes out of service, it is mentioned that Balaban Dam and Demirköy Dam in Kırklareli are planned for drinking water purposes instead of Sazlıdere Dam in order to preserve the European Side water resources potential. As it can be understood from here, the water resources of Istanbul, especially the European Side, which is currently poor in water, will be destroyed to a great extent, and the fundamental right to life and the right to water will be taken away from the people.

“Plan change also affects groundwater resources. Groundwater, which is preserved as 'strategic reserves', will become unusable due to salinization in Thrace and throughout the Marmara Region, without limiting its scope to Istanbul. It is understood that the planned 'Waterway' will pass at a point tangent to Terkos, that will greatly disrupt the basin topography during this transition, and that the water capacity of Terkos, which has a capacity of approximately 2 times the Sazlıdere basin, will adversely affect the water capacity. Plan change will cause an increase in the salinity rate of Terkos.

“These effects have not been analyzed in the plan report in question. It is not possible for any scientific explanation to destroy the agricultural lands, pastures, livestock and water resources of Thrace for a waterway project whose justification is not understood. Hosting the largest population of the country, Istanbul and its surroundings are condemned to hunger and thirst with the plans subject to litigation. "

There are three active faults

One of the points highlighted in the petition was that the amendment did not “reduce the risk of disaster”, but brought decisions that would create additional risks. It was noted that there are three active fault lines on the route, and the plan change has a risk of tsunami as well as earthquake:

“It will cause irreversible damages and destruction to ecology. Along with all these damages, it causes a great economic loss. In the plan change report, which is the subject of the lawsuit, it is mentioned that an area is envisaged near the technology development zone as the fair and congress area.

“However, there is no plan decision including fair and congress area in the case of the plan change. The fact that a use included in the plan report is not included in the plan is against the planning techniques and the law. "

Kanal Istanbul "problems"

In summary, the other opinions included in the petition are as follows:

It goes against its purpose

The Reserve Area is not used for its purpose according to the plan decisions that are the subject of the case. In this respect, the subject of planning is the area where the population living in risky areas of Istanbul should be moved. In accordance with the law, the Ministry of Environment and Urbanization uses its authority, which should only be used for disaster preparedness, in an area declared as a reserve area, for completely other purposes.

Urbanism principles forgotten

This plan change, presented under the name of "New City", is clearly against planning techniques, urbanism and planning principles and principles. The plan amendment, which is the subject of the case, is against the Environmental Plan scaled 1/100 000.

Agricultural lands will disappear

Almost all of the agricultural lands are destroyed with the change of plan subject to the case. Likewise, the pasture area of ​​1381.12 ha is also open to construction. The situation is not different for forest areas. As a result of the opening of 5419 hectares of agricultural land to development, 914 hectares of agricultural land are lost by water canal and 125 hectares of forest area are lost by opening to construction.

Cultural assets will be lost

According to the current inventories in the Kanal Istanbul Project area, there are 1st, 2nd and 3rd Degree Archaeological Sites and 62 registered cultural assets, and these will be lost. The plans are not a spatial development that respects the natural heritage, on the contrary, they have a content that will cause an irreparable destruction on the natural heritage.

Will bring ecological destruction

Additional residential and tourism functions have been installed to the north of the planning area. This situation, while increasing the carrying capacity of Istanbul once again, will cause a new ecological destruction in the north of Istanbul.

The excavation problem will grow

Not only the planning area, but also the quality of life of many regions of Istanbul will be negatively affected. On the east and west sides, especially the forested northern part of Istanbul and the Marmara Sea coasts will be filled with excavation storage areas.

Suing rooms

Chambers filing a lawsuit with TMMOB are as follows: Chamber of Architects Istanbul Büyükkent Branch, Chamber of Chemical Engineers, Chamber of City Planners Istanbul Branch, Chamber of Geological Engineers, Chamber of Environmental Engineers Istanbul Branch, Chamber of Agricultural Engineers, Chamber of Landscape Architects, Istanbul Branch, Chamber of Marine Engineers, Electrical Engineers. Chamber of Istanbul Branch, Chamber of Civil Engineers Istanbul Branch, Chamber of Geophysical Engineers, Chamber of Mechanical Engineers Istanbul Branch, Chamber of Survey and Cadastre Engineers Istanbul Branch, Chamber of Marine Engineers Management Engineers.

What happened?

The 23 / 2019 scaled Environmental Plan Amendment for the Istanbul Province European Side Reserve Construction Area, which was prepared for the Kanal Istanbul Project and approved on December 1, 100.000, was suspended on December 30, 2019 and TMMOB and Chambers filed a lawsuit.

While the case was ongoing, the Istanbul Province European Side Reserve Construction Area 1 / 100.000 scaled Environmental Plan Amendment, which was prepared on the grounds that the objections made to the plan during the suspension process were approved and suspended on 22 June.

The Ministry of Environment and Urbanization had penetrated the 1 / 100.000 scaled environmental plan, which is considered as the constitution of Istanbul, and entered into the plan "Yenişehir", which will be established around Kanal Istanbul.

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