Judicial Brake on the Kanal Istanbul Project: All Plans Have Become Lacking Legal Basis

The announcement of the reserved area for the Kanal Istanbul Project and the decisions regarding the changes in the environmental planning have been annulled by the Istanbul 5th Administrative Court as unlawful.

COURT FINDINGS

In its decision, the court stated that the decision regarding the reserved construction area was made without necessary scientific and technical analyses, and that this decision has served as a basis for new settlement projects that threaten Istanbul's natural areas, deviating from the purpose of urban transformation. The decision indicated that the regions declared as reserved construction areas include natural areas that need to be protected, such as Istanbul's forests, agricultural lands, and water basins, and pointed out that these declarations were made without a detailed examination and report.

ENVIRONMENTAL PLANNING PLAN INVALIDATED

The 1/100,000 scale environmental planning change made based on the reserved area decision has also been annulled. The court emphasized in its decision that this plan is contrary to urban planning principles and public interest, stating that there were deficiencies in institutional opinions during the planning process, detailed infrastructure reports were not prepared, and the existing environmental planning plan was fundamentally altered.

ALL PLANS HAVE BECOME LACKING LEGAL BASIS

The court expressed that with the annulment of the reserved area decision, all other plans related to Kanal Istanbul have become lacking legal basis. The decision necessitates a comprehensive review of all planning and implementation processes of the project.

WHAT DOES IT MEAN?

According to Istanbul Metropolitan Municipality officials, the court decision has weakened the legal and environmental foundations of the Kanal Istanbul Project. This decision regarding the Kanal Istanbul Project may also affect the outcomes of other lawsuits related to the project. In another case opened by the Istanbul Metropolitan Municipality, where the expert report was in favor, a cancellation decision is also expected.