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The decision has been made regarding the illegal villa of the Englishman in Antalya.

The decision has been made regarding the illegal villa of the Englishman in Antalya.

29.11.2024 10:25

The demolition decision for the illegal seaside villa built by British citizen Cloudya Jamey Hankes during the pandemic in the Üçağız Peninsula, also known as 'Kekova', in the Demre district of Antalya has been upheld by the Council of State.

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Located in the Üçağız Peninsula opposite Kekova, which stands out with its historical and natural beauties in the Demre district of Antalya, a two-story building classified as a 'illegal structure' was purchased by a company approximately 15 years ago in the area known as 'Ziyat Bay', which is designated as a Special Environmental Protection (ÖÇK) Area and a 1st Degree Natural Site. The illegal structure, registered under the company named 'Eighty Five Ninety Five', of which British Cloudya Jamey Hankes is a major partner and a person from Demre is a minor partner, was demolished, and a new luxury villa was started to be built with the Building Registration Certificate obtained within the scope of 'Zoning Peace'.

ACCESSIBLE ONLY BY BOAT

A staircase leading to the sea, a jetty adjacent to the staircase, a structure for sitting, sunbathing, and lounging by the sea on the left side, and a solar energy system consisting of approximately 40 panels were established near the tip of the island from the villa, most of which was completed during the pandemic period. Since the peninsula where the villa is located has no water, electricity, or road access, a solar energy system was created for electricity and a tank was built for water needs. According to the building registration document, the building with door number 169 consists of 27 square meters of a single independent unit, a 6.5 square meter energy room, a 66 square meter single-story building, a 15 square meter kitchen area, a 94 square meter water tank, and a jetty with a surface area of 161 square meters.

COMPLAINT TO CIMER

Some citizens filed complaints regarding the villa built during the pandemic to relevant institutions such as CIMER, the Provincial Directorate of Environment, Urbanization and Climate Change, and Demre Municipality. After the complaint, Demre Municipality sealed the villa construction located on the southern part of the peninsula opposite Üçağız Port, which can only be accessed by sea, but applied to the Provincial Directorate of Environment, Urbanization and Climate Change due to the existence of a Building Registration Certificate.

Both the complaints and the application of Demre Municipality were sent to the Nature Conservation Regional Commission by the Provincial Directorate of Environment, Urbanization and Climate Change, as it was found to be contrary to the ÖÇK and Natural Site Area and the Coastal Law. The commission requested an opinion from the Ministry of Environment, Urbanization and Climate Change, taking these issues into account.

MINISTRY DECIDED ON DEMOLITION

In its examination, the relevant units of the Ministry expressed an opinion for the cancellation of the Building Registration Certificate obtained for 7 separate structures, including the villa. The Provincial Directorate of Environment, Urbanization and Climate Change canceled the Building Registration Certificate and sent the demolition decision to Demre Municipality. A criminal complaint was also filed against the officials of the relevant company for making false statements. After the decision of the Provincial Directorate of Environment, Urbanization and Climate Change reached Demre Municipality, it was decided in October 2020 to demolish both the villa and the surrounding structures, and an administrative fine was imposed on the relevant company based on the square meter of the structures. At the same time, the villa was also sealed by Demre Municipality teams.

THE COMPANY WENT TO THE COUNCIL OF STATE

Despite the demolition decision and fines, the company that owns the villa filed a cancellation lawsuit with a request for a stay of execution. The Antalya 2nd Administrative Court unanimously rejected the company's request. An application was made to the Konya Regional Administrative Court against this decision. The 2nd Administrative Law Chamber also unanimously decided to reject the request for the cancellation of the stay of execution. The company applied again to the Antalya 4th Administrative Court, requesting a stay of execution. The Antalya 4th Administrative Court also unanimously rejected the request. The objection made to the Konya Regional Administrative Court after the second rejection was also rejected. Finally, it was learned that the objection made to the Council of State against the rejection decision of the Konya Regional Administrative Court was also rejected. With the decision made before this year's local elections, the demolition decision and the fine imposed for the villa were definitively upheld.

THEY COMPLETED THE CONSTRUCTION DURING THE ELECTION PERIOD

While the objection processes at the Regional Administrative Court and the Council of State were ongoing, it was revealed that the seal on the villa was broken during the 2023 and 2024 election periods, and its construction was completed, and even the relevant individuals started using the villa.

'WE WILL DO WHAT IS NECESSARY, DO NOT DOUBT'

Demre Mayor Fahri Duran, in a statement regarding the Council of State's final decision, said, "Our previous mayor had done the necessary work, the villa was sealed at that time, and the same mayor also made the decision regarding its demolition. During the term of the subsequent mayor, the villa was completed. Of course, during that period, the necessary support could not be found for the vehicles to go there for demolition; all the responses from the authorities he wrote show that. It has been about 2 months since it was transferred to us, and we are disturbed by the incorrect construction on Üçağız. This is also valid for Demre Beach and Belören, for everywhere. We are following up, and you can be sure that we will do what is necessary as soon as possible," he said. Mayor Duran stated that the Council of State's decision was in favor of Demre Municipality, saying, "After the court decision of that period, our friends requested support from the necessary places to make the necessary intervention; they could not implement it. We will implement it as soon as possible to prevent it from being a bad example for future generations or to those who have money and resources that will invade nature."

THE CRIME OF BREAKING THE SEAL HAS BEEN COMMITTED

Former mayor Lawyer Okan Kocakaya stated that the decision given by the Council of State regarding the villa, which was given a demolition decision and sealed during his term, is final, and said that there is no obstacle left for the demolition. Kocakaya stated that breaking the seal and continuing the construction is legally a crime, saying, "If the lawsuit filed by the property owners is not accepted by the court, and if the lawsuits have resulted in favor of the municipality, it is not possible for the construction to continue. Breaking this seal would constitute the crime of breaking the seal."



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