The Council of State suspends the Bozcaada port project, citing public interest violations and lack of legal compliance in the coastal plan.
The 6th Chamber of the Council of State has suspended the execution of the Balıkesir-Çanakkale Integrated Coastal Plan, which includes the construction of a cruise port and a yacht marina in Bozcaada.
The court evaluated that the plan is contrary to public interest and urban planning principles.
The 6th Chamber of the Council of State suspended the execution of the Balıkesir-Çanakkale Integrated Coastal Areas Plan, which was approved by the Ministry of Environment, Urbanization and Climate Change on September 18, 2020, and foresees the construction of one cruise port and one yacht marina in Bozcaada. The Council noted that the expert report identified that 'areas that should be closed to construction, such as first-degree natural protected areas, were shown as areas open to development with a primary region designation in the contested plan,' ruling that the approved plan lacked legal compliance.
A lawsuit was filed in 2021 by 10 plaintiffs, including the Kazdağı Natural and Cultural Assets Protection Association, requesting the annulment and suspension of the execution of the Balıkesir-Çanakkale Integrated Coastal Areas Plan on the grounds that it 'contradicts the environmental planning, was not determined based on scientific and objective criteria, did not adequately analyze the existing socio-economic structure, did not consider the conservation-use balance in the region, established a multi-criteria decision-making method but did not specify the areas of expertise used in forming the criteria and determining threshold values, was unclear on the criteria for selecting ports allocated for ships carrying hazardous materials, and did not take into account protected areas such as nature parks and sites in the region.'
The execution was unanimously suspended.
The 6th Chamber of the Council of State unanimously suspended the execution of the plan on the grounds that it lacked legal compliance and would lead to damages that are difficult or impossible to remedy if implemented.
In the decision evaluating the report prepared after the inspection and expert examination conducted within the scope of the file, it was stated that the expert report included findings that 'the goals related to sustainable development and the protection of the coastal ecosystem were not sufficiently reflected in the plan decisions, the conservation-use balance could not be achieved, and the Multi-Criteria Decision-Making Method (MCDM) applied within the plan contained technical deficiencies.'
The decision also noted that the expert report indicated that 'due to the deficiencies in the application of this technique, areas that should be closed to construction, such as wetlands and first-degree natural protected areas, were shown as areas open to development with a primary region designation in the contested plan.'
'The decisions for one cruise port and one yacht marina for Bozcaada are contrary to public interest and urban planning principles.'
In the decision of the 6th Chamber of the Council of State, it was reported that the expert report stated that 'the primary facility decisions envisaged in the contested plan for Bozcaada, which includes one cruise port and one yacht marina, are contrary to public interest and urban planning principles, and that, apart from the project for the expansion of the existing Fisherman's Harbor, no coastal structures should be built, and it would be appropriate to review the primary facility decisions envisaged in the contested plan for Bozcaada, considering the evaluation from the relevant local administration.'
The decision reminded that, according to the Strategic Environmental Assessment (SEA) Regulation, it is mandatory to prepare a report for integrated coastal area plans, and it was also determined by the expert report that the Strategic Environmental Assessment report was not prepared during the approval process of the contested plan and that the process was not conducted.
The decision stated, 'Considering the findings in the expert report, it has been concluded that the contested plan, which was approved without following the specified process, lacks legal compliance and would lead to damages that are difficult or impossible to remedy if implemented.'
The plan envisions the construction of a marina with a capacity of 300-400 yachts in Bozcaada.
The plan, covering Çanakkale, Karabiga, Bandırma, Ayvalık, Bozcaada, Edremit Gulf, and the Gallipoli Historical Peninsula, foresees the construction of a total of two yacht marinas, one with a capacity of 300-400 yachts in the Bozcaada region designated as the fourth area, aimed at relieving existing marina investments, and another with a capacity of 300-400 yachts in one of the Fifth and Sixth Regions.
Source: SeaNews Türkiye
