19.11.2024 16:40
The Istanbul Regional Administrative Court accepted the appeal of the Istanbul Metropolitan Municipality and ruled that the change in the protected status of Yıldız Park is contrary to the legislation.
The protection status of Yıldız Park, designated as a 'Natural and Historical Site' by the Ministry of Environment, Urbanization and Climate Change, was changed in 2021 to declare it as a 'Qualified Natural Conservation Area'; the parcels surrounding the park were registered as a "Sustainable Conservation and Controlled Use Area." After the registration decision, the Istanbul Metropolitan Municipality (IMM) filed an objection, and upon the rejection of the objection by the Ministry of Environment, Urbanization and Climate Change, they applied to the court for the annulment of the decision.
NO LEGAL COMPLIANCE FOUND
The Istanbul 9th Administrative Court, which examined the case, announced its decision in September 2023 regarding the lawsuit filed by IMM's objection. The court, after reviewing the relevant legislation and expert reports, found IMM's objection justified and annulled the change in the protection status of Yıldız Park.
ANOTHER JUDICIAL DECISION AGAINST CONSTRUCTION
While the Ministry appealed the case, the Regional Administrative Court returned the decision to the first instance court due to insufficient examination. Following a new examination, the first instance court rejected IMM's request for a stay of execution. IMM brought the decision back to the Regional Administrative Court. The Regional Administrative Court also included the expert report in the case file. The report noted that the relevant parcels were part of the park and included forested areas and a cemetery. The court that concluded the case ruled that the change in the SIT status made by the Ministry was contrary to the legislation.
The decision stated, "It has been concluded that the decision of the Istanbul 4th Regional Commission for the Protection of Natural Assets dated 26.08.2021 and numbered 1259 regarding the registration of the Yıldız Park Stage Natural Site as a 'Qualified Natural Conservation Area' and 'Sustainable Conservation and Controlled Use Area,' and the approval of this decision by the Ministry of Environment, Urbanization and Climate Change dated 02.09.2021 and numbered 1648125 is not in accordance with the relevant legislation."