A Joyful Decision Regarding Osmanağa Bay
A judicial decision was made about the coastal facility project planned in Osmanağa Bay, located in Göcek Neighborhood of Fethiye district in Muğla. The decision was met with great joy by the local community.
Muğla 3rd Administrative Court suspended the execution of the building permit and zoning status document related to the project.
In the case filed by citizens living in Göcek, it was claimed that the building permit issued for the coastal facility project planned to be built in Osmanağa Bay and the zoning status document forming the basis of the permit were illegal and cancellation was requested.
The plaintiffs argued that the project is located in a special environmental protection area, will damage the natural structure, there is no cadastral road to provide access in the region, and according to previous judicial decisions, construction is not possible in the area.
COURT: NO ZONING PLAN, NO PERMIT CAN BE ISSUED
Muğla 3rd Administrative Court reviewed the file and determined that the project area lies within a forest, beach area, and natural site in the 1/25,000 scale environmental layout plan.
The decision emphasized that there is no 1/5000 scale master zoning plan or 1/1000 scale implementation zoning plan for the area in question and stated that under these conditions, it is not possible to issue a zoning status document or building permit.
The court also ruled that the 30-square-meter office and workplace structure included in the permit issued by Muğla Governorship is not among the structures that can be built without an implementation zoning plan under the Coastal Law.
"IRREPARABLE DAMAGES MAY OCCUR"
The decision highlighted that since the procedures target a property located within a natural site area, continuing construction could cause irreparable or impossible-to-compensate damages.
For these reasons, the court unanimously decided to suspend the execution of the building permit and zoning status document subject to the lawsuit.
PREVIOUS CANCELLATION DECISION HAD BEEN MADE
According to information in the court file, the zoning status document previously issued for the same area was annulled by the decision of Muğla 3rd Administrative Court in 2024, and the building permit was revoked during the process.
With the latest decision, a new phase has begun in the legal process regarding the coastal facility project in Osmanağa Bay, while the judicial process on the merits of the case continues.
