The execution of the development plans of the 8.3 hectare area in Başakşehir Hoşdere, which is the neighbor of “Yenişehir” to be built around Kanal Istanbul, has been stopped. In the case where the expert determined that the population density in the region was increased and the sectoral projections were changed, the court decided to stay the execution on the grounds that it could cause irreparable damages.
According to the news of Özlem Güvemli from SÖZCÜ; CHP members of Başakşehir Municipality Council, Beyzade Kayabaşı, Nizamettin Kümeç, Bağdagül Gülen, Enser Şentürk, Murat Özkurt and Eda Kurt, filed a lawsuit against the Ministry of Environment and Urbanization against the plan change made for the 8.3-hectare area in Başakşehir Hoşdere.
In March 2020, the "logistics zone" function was canceled for the area remaining from the mass housing area, and the "urban residential (resident) area" function was introduced by amending the Environmental Plan.
In the sub-scale plans, it is marked as “High Density Development Housing Area, Education Area, Parking Area, Transportation Connection”.
With the amendment, it was stated that the population density was increased and it was requested that the plans that were claimed to be against the legislation and public interest be canceled and the execution stopped.
The planning area, which is a courthouse, is located in the neighborhood of “Yenişehir”, which will be built around Kanal Istanbul.
"POPULATION INCREASES" WARNING"
The Istanbul 4th Administrative Court, the minister of the case, requested an expert report. In the expert report included in the file, it was noted that the planning area is located in the logistics area integrated with the railway between Hadımköy and Ambarlı.
It was emphasized that there would be an increase in population in the region with the function of "residential areas" by subtracting the use of "logistics zone" and emphasizing the earthquake and other disaster risks awaiting Istanbul.
In the 2009/1 thousand scale Istanbul Environmental Plan dated 100, it was stated that 1 million people, who were foreseen to come to the residential areas, could come by evaluating the empty building stock in the existing tissue, and an increase in this would cause an increase in the existing density and quality of life problems.
“NOT EXCEEDING THE THRESHOLD POPULATION VALUE IS VITALLY IMPORTANT”
It was emphasized that if the threshold population value stipulated in the Environmental Plan is exceeded, the use of life support systems in Istanbul as a settlement will create pressure and adversely affect the controlled development, therefore it is of vital importance not to exceed the threshold population value.
In the expert report, it was emphasized that the change in the environmental plan, increasing the population density and changing the sectoral projections were against the relevant regulation.
DECIDED UNANIMOUSLY
Based on the expert report, the court decided that the plans did not comply with the law. It was pointed out that the action subject to the lawsuit, which was clearly found to be unlawful, could lead to irreparable and impossible damages.
For these reasons, it was unanimously decided on September 21, 2021 to stop the execution of the transaction subject to the lawsuit without seeking any collateral.
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