complaint to the bern convention: construction of summer houses within patara spa (turkey)

Convention on the Conservation of European Wildlife and Natural Habitats

COMPLAINT FORM

Please continue on a separate sheet if necessary and attach all the documents necessary to support your complaint.

First name:

Lily

Surname:

Venizelos

On behalf of (if applicable):

MEDASSET-Mediterranean Association to Save the Sea Turtles

Address:

c/o 24 Park Towers, 2 Brick St

Town/City:

London

County/State/Province:

Westminster County

Postcode:

W1J 7DD

Country:

UK.

Tel.:

0044 2076290654

Fax:

0044 2076290654

E-mail:

[email protected]

[email protected]

Web site:

www.medasset.org

1. Please state the reason of your complaint in detail (refer also the Contracting Party/es involved).

This complaint addresses constructions taking place within the protected area of Patara, Antalya Province, south-west Turkey, impacting the loggerhead sea turtle (Caretta caretta) nesting beaches in the said area. Turkey is a Contracting Party to the Bern Convention.

INTRODUCTION

Patara’s ecosystem is unique along the Turkish Mediterranean coast: it hosts a variety of habitats, sand dunes systems, small freshwater wetlands, etc. Patara’s beach is an important nesting site in the Mediterranean for loggerhead turtles (Caretta caretta) and one of the 13 most important nesting sites in Turkey for the species1. In 2000, two sporadic green turtle (Chelonia mydas) nests were also identified, representing the first record of this species in Patara2 and the westernmost substantiated site for Chelonia mydas nesting in the Mediterranean3. Patara also hosts a nesting population of Nile Soft-shelled Turtles, Trionyx triunguis; this is one of the very few remaining populations of this highly threatened species in the Mediterranean.

The area was declared a Specially Protected Area (SPA) on 2 March 1990 and was placed under the responsibility of the former Turkish Environmental Protection Agency for Special Areas (EPASA).

Additionally, Patara is home to the relics of the Lycian, Ancient Greek and Byzantine civilisations and a bouleuterion that is history’s earliest example of a democratic form of government. It is also the birthplace of Saint Nicholas, the Christian patron, whose gift-giving nature became the model for the modern ‘Santa Claus’. The archaeological area is included in the SPA and is also included in Turkey’s Tentative List for the World Heritage List (as per the submission made to UNESCO by the Turkish Ministry of Culture and Tourism on 06/02/20094).

The problems threatening Patara were first raised by MEDASSET in 1988 and the issue was subsequently discussed on a regular basis at the Standing Committee Meetings of the Bern Convention. After the Standing Committee expressed the wish to examine the case of marine turtles in Patara as an urgent case in January 1996 (T-PVS (96)50), an on-the-spot appraisal was carried out on 21-23 August 1996 in order to clarify open questions. The appraisal Report that followed (T-PVS(96)65) made detailed Recommendations, and at its 16th meeting the Standing Committee decided in December 1996 to open a case file on Patara in order to monitor the effectiveness of conservation measures. The Standing Committee also adopted Recommendation No. 54 (1996), which proposed measures to the Turkish government in order to ensure adequate protection of the area. The case remained open until 2001 when the Standing Committee Meeting decided to close the file despite some remaining problems. Turkey was asked to continue submitting reports to the Standing Committee on progress made. MEDASSET continued to monitor and submit reports to the Standing Committee from 1996 to 2009 (with the exception of 2008). In parallel to the Bern Convention process MEDASSET has campaigned internationally since 1988 for the protection of Patara’s precious biodiversity and unique heritage site, through the “Save Patara” campaign, by alerting international press, conservation organisations and collaborating with several Turkish and International personalities.

CONSTRUCTIONS APPROVED WITHIN THE PROTECTED AREA

In 2011 several press articles (annex 1) reported the construction of 400-750 villas (summer houses) on the hillside next to Gelemiş village and near the ancient city of Patara, approx. 1200-1500m north of the sea turtle nesting beach and within the SPA and the 3rd Degree Archaeological Site of Patara. (See Fig. 1 for a map of Patara SPA and the summer house project area.)

1 Baran and Kasparek, 1989 2 Erdogan et al., 2001 3 Kasparek et al., 2001 4 http://whc.unesco.org/en/tentativelists/5408/

In May 2011, MEDASSET requested additional information from the Turkish Authorities and expressed its extreme concern about the project (annex 2). In the reply received from the Ministry of Culture and Tourism and the Antalya Regional Commission for the Conservation of Cultural and Natural Properties (annex 2), the official approval of the project was confirmed and the official account of the process since 1978 that led to the approval of the constructions within the SPA and the 3rd Degree Archaeological Site was provided. No statement regarding MEDASSET’s enquiry about the existence of an Environmental Impact Assessment or a Carrying Capacity study was provided.

MEDASSET’s interpretation of the multiple changes to the zoning and the management plan of Patara SPA, which led to the approval of the constructions within the protected area, is presented in annex 3, in the form of a timeline. It is made evident that the current management plan, prepared by the former Special Environmental Protection Areas Agency of the Turkish Republic, disregards the expert opinion provided by archaeologists and planners since 1978 and is heavily biased towards the housing cooperative’s interests, as it legalises cement-intensive construction within the protected area. Profit prevails over science and logic. In contrast, the management plan prepared with funds from the World Bank which was approved in 2000 by the Antalya Regional Commission for the Conservation of Cultural and Natural Properties, complied with International Conventions, national environmental and cultural laws and regulations. The 2000 plan did not allow any new permanent constructions apart from those necessary to cater to the needs of the small village and envisaged the development of low-impact, small-scale tourism facilities for visitors, with the aim to maintain the local cultural, historical, archaeological and natural riches.

To this date 27 summer houses have already been constructed by Housing Cooperative “Ozlenen Deniz” (see Fig. 2-11). To our knowledge the adjacent areas have been allocated for construction to HITIT Housing Cooperative and KUMKO Housing Cooperative (see Fig. 1).

MEDASSET opposes the construction of the villas and asks for their cancellation. In our view the project opposes modern practices concerning conservation of protected areas, endangered species and archeological sites of international importance; is in breach of the Bern Convention Recommendations; is incompatible with the SPA status attributed to the area through the Barcelona Convention and its SAP/BIO Protocol; and contradicts Turkey’s intent to include Patara in the World Heritage List.

In the adverse case that the construction projects are not cancelled, a comprehensive management plan should be urgently presented, detailing new management measures to protect the natural and archeological site given the increased population and potential disturbance. Authorities should also ensure increased financial and human resources for the implementation of the management plan well before the tourist season each year.

We call upon the Standing Committee to consider whether the construction of 400-750 summer houses within Patara SPA is compatible with the Bern Convention Recommendations on the conservation and management of Patara beach: Recommendations No. 12 (1988), No. 24 (1991), No. 54 (1996) and No. 66 (1998).

We request that the Standing Committee considers this complaint as an urgent matter and that follow-up on the Recommendations related to Patara is included in the 2012 Standing Committee Meeting Agenda. Importantly, Recommendations regarding Patara have not been followed up since the case-file closure, in 2001.

2. Which are the specific specie/s or habitat/s included in one of the Appendices of the Bern Convention potentially affected? (Please include here information about the geographical area and the population of the species concerned, if applicable)

Loggerhead (Caretta caretta) sea turtles nesting at Patara are included in Appendix II of animal species requiring special protection. See Fig. 1 for a map of the geographical area. For nesting data see Table 5

and cited references on page 274 in Casale, P. & Margaritoulis, D. (Eds.) 2010. Sea turtles in the Mediterranean: Distribution, threats and conservation priorities. 2010. Gland, Switzerland: IUCN. 294 pp. http://mtsg.files.wordpress.com/2010/07/med-turtle-report.pdf

3. What might be the negative effects for the specie/s or habitat/s involved?

The construction of summer houses within the protected area degrades the unique heritage site and the natural landscape, increases the built-up area, thus further reducing the available habitat and negatively impacting on local biodiversity. Construction of roads providing beach access to the summer houses further degrades and even puts at risk the archaeological site5 and the local natural environment.

The significantly increased population that will result from the inhabitation of the 400-750 summer houses will lead to much heavier beach use which will impact on nesting and hatching success; considerably increased light pollution will affect nesting and obstruct hatchling orientation; while the establishment of new beach-front businesses along with beach furniture and equipment to cater to the needs of the new residents and beach users, will increase human encroachment on the beach. In our experience, summer house complexes usually include markets, entertainment facilities (such as discos, casinos, etc), the operation of which will add to the disturbance.

No information on the existence of a management plan, EIA or carrying capacity study of the beach was provided by the Turkish Authorities that would indicate there is provision for the management of the increased population and mitigation of the abovementioned impacts, in order to protect the archaeological and natural area, including the sea turtle nesting beach.

Do you know if potentially affected species or habitats also fall under the scope of other international Conventions, (for instance: RAMSAR, CMS, ACCOBAMS, Barcelona Convention, etc) or if the area has been identified as a NATURA 2000/Emerald network site?

The Parties to the Barcelona Convention included among their priority targets for the period 1985-1995 the protection of Mediterranean marine turtles (Genoa Declaration, September 1985) and to this end the Mediterranean countries adopted in 1989 the first Action Plan for the Conservation of Mediterranean Marine Turtles within the framework of the Mediterranean Action Plan. In 1996, the Parties confirmed their commitment to the conservation of marine turtles by including the 5 species of marine turtle recorded for the Mediterranean in the List of Endangered and Threatened Species annexed to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (Barcelona, 1995). Turkey is a signatory to these international Treaties and the affected species fall under their scope.

Patara was designated as a SPA by the Government of Turkey in 1990, in the framework of the Barcelona Convention.

Caretta caretta sea turtles are included in Appendix I (Endangered migratory species) of the Convention on the Conservation of Migratory Species of Wild Animals (also known as CMS or Bonn Convention) They are also protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES - Appendix I for the most endangered species).

4. Do you know if there are any pending procedures at the national or international level regarding the object of your complaint?

LOCAL ACTION AGAINST THE PROJECT

5 E.g. in 1987, a monumental tomb, “Aslanli Gomut” (tomb of the lion relief), is destroyed during the construction of a new road that connects the cooperative’s land to the beach, passing through the forest land on the western borders of the ancient city of Patara. See Annex 3.

Turkish NGO Nature Association (Doğa Derneği), the Antalya Branch of the Chamber of Architects, Prof. Dr. Mehmet Tuncer (Abant Izzet Baysal University, Head of the Faculty of Engineering & Architecture), Prof. Dr. Sencer Şahin (Head of Ancient Languages and Cultures Department of Akdeniz University), the Istanbul Branch of the Archeologists Association and the Turkish Nature Conservation Society (Türkiye Tabiatını Koruma Derneği - TTKD) have publicly declared opposition to the project.

The group "Patara Bizimdir" (Our Patara) was founded in 2011 to campaign against the revised Patara Management Plan approved in 2008 (see annex 3) which provided permission to the summer house project. The group includes residents of the Antalya and Kaş area and collaborates with the Antalya branches of TTKD and the Progressive Lawyers Association (ÇHD). It has consulted with several archaeologists, whose common view is that the revised management plan should be cancelled. To our knowledge, the group is aiming to file a court suit against the 2008 management plan in collaboration with the Antalya branch of the Union of Turkish Bar Associations. The group was not aware of the revised plan until the construction of the first summer houses began in late 2010.

5. Any other information (existence of an Environmental Impact Assessment (EIA), size of projects, maps of the area, etc)

SUPPORTING INFORMATION

Fig. 1. Satellite Map of SPA. Construction site pinpointed with white arrow, within the 3rd Degree Archaeological Site (area in blue). Area in yellow is 1st Degree Archaeological Site; red line shows SPA borders) . See Annex 3 for

images of the constructions since 2003 and additional SPA maps.

Fig 2. Patara. Construction area circled in red. Lycian bouleuterion in the forefront.

Fig 3. Patara. Construction area circled in red. Ancient colonnaded street in the forefront.

Fig 4-5. Patara. 2011. Özlenen Deniz Housing Cooperative. Summer house construction in progress. Nesting beach in the background.

Fig 6-8. Patara. 2011. Özlenen Deniz Housing Cooperative summer house construction underway.

Fig 9-11. Patara. 2012. Özlenen Deniz Housing Cooperative summer house almost completed.

Technical reports related to Patara that have been presented by MEDASSET to the Standing Committee to the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) at the Council of Europe:

T-PVS (96) 53A: MEDASSET (P. Yilmaz, University of Akdeniz): Conservation of Loggerhead Turtles, Caretta caretta, and Construction Projects on the Beach of Patara (Turkey), 2 pages. (Follow-up report with Comments on the: ‘Status Report on Patara Specially Protected Area, Turkey’ by the Authority for the Protection of Special Areas, APSA (23/5/96)).

T-PVS (96) 53: MEDASSET: Conservation of Loggerhead Turtles, Caretta caretta, and Construction Projects on the Beach of Patara (Turkey), 9 pages. (Brief Update on MEDASSET’s action to “Save Patara” 1989-1996).

T-PVS (97) 45: P. Yilmaz, University of Akdeniz: Marine Turtle Conservation in Patara, Turkey, follow-up report, 4 pages.

T-PVS (98) 49: MEDASSET (additional information P. Yilmaz, University of Akdeniz): Specific Site, Marine Turtle Conservation in Patara, Turkey, 13 pages.

T-PVS (99) 69: MEDASSET: Specific Site, Caretta caretta in Patara (Turkey), 11 pages. (Status Report and Review of Nature Conservation Measures).

T-PVS (2000) 57: MEDASSET, (information supplied by P. Yilmaz, Univerity of Akdeniz and Trevor Jones): Conservation of the marine turtle, Caretta caretta, in Patara Turkey, 13 pages. (Update Report and Review of Nature Conservation Measures).

T-PVS (2001) 72: MEDASSET, (information supplied by P. Yilmaz, University of Akdeniz, Trevor Jones and 4 volunteers): Review of Nature Conservation Situation in Patara Spa, Turkey, 11 pages.

T-PVS/Files (2002) 14: MEDASSET, (information supplied by P. Yilmaz, Univerity of Akdeniz): Update Report and Review of Nature Conservation Measures in Patara SPA (Turkey), 10 pages.

T-PVS/Files (2003) 12:, prepared by Dr. Monica Aureggi, Update Report and Review of Nature Conservation Measures in Patara SPA (Turkey), 25 pages.

T-PVS/Files (2004) 13: Commissioned by MEDASSET, information supplied by T.A. Cutbush, A. Cutbush and Dr. P. Yilmaz, Update Report and Review of Nature Conservation Measures in Patara SPA (Turkey, 7 pages.

T-PVS/Files (2005) 09: Commissioned by MEDASSET, information supplied by Dr Pamir Yilmaz and Stephanie Perkin. Update report and review of nature conservation measures in Patara Spa (Turkey), 9 pages.

Published without a T-PVS reference (2007): Commissioned by MEDASSET, information supplied by T.A. and A. Cutbush. Update Report and Review of Nature Conservation Measures in Patara Spa, Turkey, 7 pages.

Published without a T-PVS reference (2009): 13th Update Report and Review of Nature Conservation Measures in Patara SPA, Turkey, 11 pages.

Date and signature:

07-09-2012

Please, fill in this form, include all supporting documents that you may consider important, and send it to the attention of:

Ivana d’ALESSANDRO Biological Diversity Unit Directorate of Culture and Cultural and Natural Heritage Council of Europe F-67075 Strasbourg Cedex E-mail: [email protected]

Complaint Form ‐ ANNEX 1 ‐ September 2012 ‐ MEDASSET

ANNEX 1

Sample of Articles in Turkish Press

06.12.2010. ‐ Source http://www.odatv.com/n.php?n=noel‐babanin‐kemikleri‐sizlayacak‐0612101200

NOEL BABANIN KEMİKLERİ SIZLAYACAK ‐ “Santa Claus bones will hurt”

(rough translation of selected texts)

…. Osman Aydin, the president of the Antalya Chamber of Architects, stated that the building of “secondary houses” should not exist at an area where is a restoration of an ancient Lycian Parliament with an aim of international meeting. On the other hand Arif Otlu, the “muhtar said: “Patara is a non‐touched area so that much construction will not bother here”. But Prof. Dr. Tuncer, involved with the planning studies during 8 years, mentioned that Patara is on the way to look like Side.

23.12.2010 – Source: http://www.focushaber.com/patara‐ya‐villa‐izni‐verilmis‐‐h‐17267.html

Patara’ya villa izni verilmiş! ‐ “Patara villas granted permission”

Sivil Toplum Kuruluşu (STK) temsilcileri, ’’Patara’da yapılmasına izin verilen toplam 750 konutun izninin hangi kriterlere göre verildiğini’’ sordu....

26.12.2010 – Source: http://www.aksam.com.tr/cevreciler‐antik‐kente‐villaya‐karsi‐ayakta‐‐6440h.html Çevreciler antik kente villaya karşı ayakta ‐ “Environmentalists stand against villa”

13.02.2011 ‐ Source http://www.hurriyet.com.tr/pazar/17009609.asp

Patara’ya 400 villa planı çevrecileri ayağa kaldırdı (Patara 400 villas plan raised by environmentalists )

(rough translation of selected texts) Prof. Dr. Mehmet Tunçer, president of Architecture Department of Bolu Abant Izzet Baysal University who had been charged during 8 years as an expert to prepare the protection plan of Patara found that new development/construction plan is very dangerous due to allow the constructions. Tunçer mentioned that Patara has a very important historical heritage as being the capital of Lycia and the construction site is in the borders of archaeological site, degreed as a third level . He says “instead of the Cultural Ministry and the Governorship, the authorities of the SPA should make the decision to allow construction of few hundreds of villas and settlement of a population around 3000”. Tunçer gave the example of Lara region in Antalya where was a nesting area for the caretta carettas in 1970s but now, not any more because of the acceleration of the constructions. And he remarks:“During eight years we worked on the planning for protection of Patara. The planning reports and analyses that we prepared in 1997 were presented to the General Directorship of Protection of Cultural and Natural Assets at the end


of 1998. After a long review process which takes six years, the Cultural Ministry signed the plan. In that period the illegal constructions, the fires and the destructions of the ruins were happened in Patara. Just after the declaration of the plan, the cooperatives did the objection to cancel the plan. I'm sad to see that Patara is on the way to be like an another Side . GÜVEN EKEN, THE PRESIDENT OF THE ASSOCIATION OF NATURE The Spoonmaker's Diamond ( “Kaşıkçı Elması”) of Mediterranean is being pillaged. Patara is like the diamond of Mediterranean as the Spoonmaker's Diamond (“ Kaşıkçı Elmasi”) which the precious piece at the treasury of Topkapı Palace. To allow constructions in Patara means to sacrifice/destroy all the coast‐line and to pillage all the treasures. It's an important success the protection of 18km. length coast‐line till now. But the constructions will abolish the protection. Actually Patara and its beach is an habitat for the sea turtles, the endemic flora and also for the Nile Soft‐shelled turtles who can live at ponds, lakes and rivers. Here is one of the richest and the vital area of Turkey. I'm sure the other NGOs will be oppose to those 400 constructions. ASS. DR. NECMİ KARUL, THE CHAIR OF THE ARCHAEOLOGISTS' ASSOCIATION/ISTANBUL BRANCH Turkey is losing prestige. There is constructions just close to the antique city and the discussion is; if they are in the borders of archaeological site or not. We asked that question to the authorities and we are waiting for the answer. Whether the constructions are to be or not in the borders of archaeological site, it's clear that already the ancient city is surrounded by the concrete mass as it can be seen at the photos. As well as the natural environment, this area is charming due to riches of the ancient city. So any damage on that area will destroy this charm. The decisions related such an area should not be made by the initiative of the individuals. As a cultural heritage, this area is under protection according to the international conventions and even according to our constitution. So any interference or to let the others' interference at such an area means to be against to the constitution, also this kind of behaviour is peculiar to the primitive/undeveloped societies. Unfortunately Turkey is losing great prestige because of such examples. MÜNİP ERMİŞ, THE VICE‐PRESIDENT OF CONTEMPORARY JURISTS' ASSOCIATION We will go the court. Whoever is allowing the construction in Patara, either the committee of protection or the mayor,should get ready to be sentenced according to the laws. We want to remind them: This plan is not valid according to the law. This plan will not save you to be accused. We will go to the court against the ones who gave permission to the constructions according to that plan by accusing them to break the article n°65 of the law n°2863 HEDİYE GÜNDÜZ, PRESIDENT OF THE ASSOCIATION TO PROTECT THE NATURE OF TURKEY/ANTALYA BRANCH We will use all kind of efforts. The construction of villas at such an unique area means to destroy this place by increasing the intensity of population. We almost lost all the coast‐line of Antalya because of the constructions. With the constructions in Patara we will destroy one of the last coast‐line which was left protected till now.

01.03.2012‐ Source http://www.likyahaber.net/haber/haber_detay.asp?haberID=2917

Deniz Kaplumbağalarının Başı Dertte – Sea Turtles in Trouble

H.E. Prof. Dr. Veysel Eroglu Minister Ministry of Environment and Forestry Söğütözü Cad. No:14/E Beştepe 06560 Yenimahalle ‐ ANKARA

03 May 2011 Our Ref. 23880

RE: Villa construction in Patara, SEPA and heritage site Dear Minister,

We have read several articles in the Turkish press (Hurriyet, 13‐02‐2011;Acik Gazete 11‐02‐2011; 06‐12‐2010 Odatv.com) concerning the construction of 400‐750 villas/summer houses on the hillside in Gelemis village near the ancient city of Patara, approx. 1 km north of the sea turtle nesting beach and within the Patara Special Environmental Protection Area. We would be grateful if you would kindly provide us with information regarding this development: Has this development plan been officially approved and, if so, how many villas are to be built? Has an Environmental Impact Assessment been carried out for this development? We understand that construction is currently underway: are these constructions part of the development plan and are the building permits legal? Why was the conservation and development plan prepared by UTTA Planning and Consulting Ltd. for Antalya Province in between 1999‐2006 and approved by the Antalya Council of Preservation of Cultural and Natural Assets, changed in 2008, thus permitting construction within the protected area? Why does the current plan permit construction of secondary houses, in contrast to the previous plan which only allowed eco‐tourism and prefabricated (demountable/wooden) houses? The housing developments oppose the "Scientific Study for a Management Plan for the Patara Specially Protected Area”, financed by the World Bank and prepared by the Ministry of Culture and the Directorate of Specially Protected Areas in 1996‐97. Patara’s ecosystem is unique along the Turkish Mediterranean coast: it hosts a variety of habitats, sand dunes systems, small freshwater wetlands, etc. It is also one of the most important nesting areas in Turkey for Caretta caretta sea turtles1: a species listed as endangered and protected through numerous International Conventions to which Turkey is a Contracting Party. Patara also hosts a nesting population of Nile Soft‐shelled Turtles, Trionyx triunguis; this is one of the very few remaining populations of this highly threatened species in the Mediterranean. Additionally, Patara is home to the relics of the Lycian civilisation and a bouleuterion that is history’s earliest example of a democratic form of government. Patara is also the birthplace of Saint Nicholas, the Christian patron, whose gift‐giving, nature became the model for the modern ‘Santa Claus’. MEDASSET has campaigned internationally since 1988 for the protection of Patara’s precious biodiversity and unique heritage site, through the “Save Patara” campaign, by alerting international press and conservation organisations and collaborating with several Turkish and International personalities; and by annually raising

1 Chelonia mydas nesting has also been recorded (endangered species)

the issue at the Bern Convention2 Standing Committee Meetings. In December 1996, the Convention’s Standing Committee decided to open a case‐file on Patara in order to monitor the effectiveness of sea turtle conservation measures. The case was closed in 2001 despite some remaining problems; MEDASSET has continuously monitored and submitted reports and recommendations for Conservation Measures in Patara from 1996 to 2009. I wish to express MEDASSET’s extreme concern about the construction of villas and summer houses in this unique, specially protected site. This development, which opposes modern practices concerning protected areas and endangered species conservation, and contradicts Turkey’s intent to include Patara in the World Heritage List (as per the submission made to UNESCO by the Ministry of Culture and Tourism on 06/02/20093), will destroy Patara’s ecological and historical heritage. The project is in breach of the Bern Convention Recommendations on the conservation and management of the Patara beach (Recommendation No. 12 (1988), No. 24 (1991), No. 54 (1996) and No. 66 (1998)) I appeal to you to consider the richness and uniqueness of this area before it is irrevocable destroyed by human activities and sacrificed to tourism and development, and look forward to receiving your response as soon as possible regarding this matter of extreme concern to our organisation. Yours sincerely,

Lily Venizelos Member of IUCN ‐ Species Survival Commission: Marine Turtle Specialist Group List of Recipients: H.E. Mr. Ertugrul Gunay , Minister of Culture and Tourism H.E. Mr. Mehmet Ali Sahin, President of the Grand National Assembly of Turkey Prof. Dr. Lütfi Akça, Undersecretary, Ministry of Environment and Forestry. Mr. Yasar Dostbil, General Manager of Directorate of Nature Protection and National Parks, Ministry of Environment and Forestry Mr. Ali Mennan Mennanoğullari, Director of Nature Conservation Department, General Directorate of Nature Protection and National Parks, Ministry of Environment and Forestry. Mr. Mustafa Akincioglu, Assistant General Director of Nature Protection and National Parks, Ministry of Environment. Mr. Aybars Altiparmak, General Directorate of Nature Conservation and National Parks, Ministry of Environment and Forestry Mrs. Gülen Malkoç, General Directorate of Nature Protection and National Park, Ministry of Environment and Forestry Mr. Ahmet Ozyanik, Vice‐President, Environmental Protection Agency for Special Areas Ms. Aynur Hatipoglu, Director of Protection Department, Environmental Protection Agency for Special Areas Mr. Mehmet Menengiç, Director of Environmental Protection and Research Department, Environmental Protection Agency for Special Areas

Mr. Güner Ergün, Environmental Protection Agency for Special Areas Mr. Irfan Ekmekci, Biologist, Ministry of Environment and Forestry Dr. Ahmet Altiparmak, Antalya Governor Antalya Provincial Directorate of Culture and Tourism Antalya Provincial Directorate of Environment and Forestry

2 Convention on the Conservation of European Wildlife and Natural Habitats, Council of Europe 3 http://whc.unesco.org/en/tentativelists/5408/

(...List of Recipients continued...) Mr. Arif Otlu, Mayor of Patara Mr. Tevfix Taner, Mayor of Ova Beldesi Prof. Dr. Havva Işik, Akdeniz University, Faculty of Arts and Sciences, Department of Archaeology Prof. Dr. Mehmet Tuncer, Abant İzzet Baysal University, Faculty of Architecture and Engineering, Head of Department of Architecture Prof. Dr. Sencer Şahin, Akdeniz University, Faculty of Letters, Dept. of Ancient Languages and Cultures Mr. Güven Eken, Chairman of the Board of Directors of the Nature Association ( Doğa Derneği) Mrs. Hediye Gunduz, President of the Antalya Branch of Türkiye Tabiatını Koruma Derneği Mrs. Bahar Çağlican, Antalya Representative of Türkiye Tabiatını Koruma Derneği Mr. Osman Aydin, President of Antalya Chamber of Architects Mr. Münip Ermiş, Çağdaş Hukukçular Derneği (Progressive Lawyers’ Society) Mrs. Maria Luisa Silva Mejias, UNEP/MAP Officer‐in‐charge. Mr Abderrahmen Gannoun, RAC/SPA Director. Secretariat of the Bern Convention on the Conservation of European Wildlife & Natural Habitats, Council of Europe. Mr. Kishore Rao, Director of World Heritage Centre, UNESCO. H.E. M. Hüsnü Gürcan Türkoglu, Ambassador Extraordinary and Plenipotentiary Permanent Delegate of Turkey to UNESCO Prof. Dr. Nabi Avci, Turkish National Commission for UNESCO Mr. Stefan Füle, European Commissioner for Enlargement and European Neighbourhood Policy Mr. Janez Potočnik, Environment Commissioner Mr. Karl‐Friedrich Falkenberg, Director‐General, Directorate‐General of the Environment Mrs. Pia Bucella, Director, Communication, Legal Affairs & Civil Protection, Directorate‐General of the Environment Mr. Nicholas Hanley, Head International Relations and enlargement Unit, Directorate‐General of the Environment Mrs. Claude Rouam, Head Marine Unit (Integrated Coastal Zone Management), Directorate‐General of the Environment Mr. Michail Papadoyannakis, EC Focal Point for MAP, Directorate‐General of the Environment The European Parliament delegation to the EU‐Turkey Joint Parliamentary Committee (JPC) Mr. Marc Pierini, Head of the Delegation of the European Commission in Turkey Mr. Jo Leinen, Member of European Parliament, Chair of Committee on the Environment, Public Health and Food Safety Mrs. Jacqueline McGlade, Executive Director, European Environment Agency (EEA)

MINISTRY OF CULTURE AND TOURISM

NUMBERSUBJECT

Directorate General For Museums and Cultural Heritalen Aran ZUr,

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MEDASSET- Mediterrenean Association to Save the Sea Turtlesclo 24, Park Towers, 2 Brick St.,

London WIJ 7DD. UK

Ref: a) Your application dated 03.05.2011 with ref. no.23880.b) Letter of Directorate of Antalya Regional Board for Cultural Heritage dated 08.07.2011with rcf. no.2984

' Your ref. (a) application about the sea turtle nesting beach and the constructions has been

examined. You can find attached detailed information about the subject.Regards.

ATTACHMENT:1- Ref (b)

'foYr"II. T.B.M.M. yanr 06100 UIus/ANKARA Tel: 310 53 64 Fax: 31091 L2 Santral: 310 49 60

yrww.kultur.gov.tr.

Nermin-BE$BA$Deputy Director General

E-Mail: kurullardairesi@kulturturizm. gov.tr

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MINISTRY OF bUTTURE AI{D TOURISMAntalya Regional Co[rmission for the Conselation of

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Ancient City of Patara iI

GENERAL DIRECTORATE OFI CULTURAL HERITAGE AND MUSEU(World Heritage Sites P+nning and Identification Department)

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08.07 .2011

MS

REF.: Your letter of 14.06 .201I with thei number B.16.0.KVM.0.10.01 .00-126391.

Your letter in reference above regar{ing the complaint on the rnedia news about theconstruction of 400-7 50 villas/summer $ouses at Gelemig Village coast close to Ancient Cityof Patara is examined.

The borders of Site of Ancient 'City of Patara, taking place within the border of GelemigVillage, Ka$ County, Antalya Provinpe, is first registered with the decree of HigheiCommission of Immovable Antiquities and Monuments dated 08.09. 1978 with the number A-1292- The site is divided into the zone$ of A-B-C with the decree of the same commissiondated 14.11.1981 with the number 4-3212. Construction on the Zones A and B is definitelyprohibited; a part of the area that is resefved today as the 3'd Degree Archaeological Site wasopened to controlled structuring as zone c atthat tirne.

As a result of re-examination of the borders of the site of Patarain accordance with Article 6of Lawno. 2981, the borders of the site were re-established as the I't Degree Archaeologicaland Natural and 3'd Degree Archaeological Site as per the decree of Antalya ConservationCommission dated 27 .03.1990 with the number 719.

On the other hand, the area of Ancient City of Patara is declared as "Patara SpeciallyProtected Environment Area" with Cabinet Decree published on Official Gazette on02.03.1990 with the number 20449; thus, with Statutory Decree with the number 383, theplanning and approval power on this area passed to Special Environmental ProtectionAgency. 1125000 scaled Environmental Plan prepared by Special Environmental ProtectionAgency including Pataru Specially Protected Environment Area was approved and sent toAntalya Conservation Commission. "Additional and Partial Revision of Patara SpeciallyProtected Environment Area l/25000 scaled Environmental plan,, including the changes madeat the subject area during that process was approved on29.0i. 2010.

In 1991,117000 scaled master plan including Gelemiq Village and Patara Archaeological andNatural Site was initiated. During this propess, in accordance with the decree of AntalyaConservation Commission dated 15.11'.1994 with the number 2342, the borders of the l'tDegree Natural Site were expanded and-,border of the 3'd Degree Archaeological Site wasupdated.

Through the evaluation of new archaeological data obtained from the excavation at the slopesbetween Kdkliik-Gtinltik and Gtinltik-Bodrum, the area was turned into 1" Degree

Krlrgaslam Mahaltesi Zafer Sokak No. 6 Kaleigi/ANTALYA Detai led Information: A. AKTAg ExpertTel.: 0 (242) 247 8j 6t - 243 Zt 60 Fax: 0 (Z4Z) 248 35 33

www.ku l tu rtu r izm. gov.tr E-mai l : anta lyaku ru l@kul tur tu r izm.gov. t r

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-f fr\'r,ii-is\ f - l

MINISTRY OF CULTURB AND TOURISMAntalya Regional Commission for the conservation of

Cultural and Natural properties

Archaeological Site from the 3'd degree and updated with the decreecommission dated 30.09.1996 with the number 3106.

of Antalya Conservation

Current site borders of Patara are the borders established i' 1996. There site status of theregion opened to structuring has not chenged recently, and the borders of the site wereexpanded in favour of the conseryation decrees in the process from 1978 when the firstregistration took place until 1996 when the final site borders were established. Accordingly,the area where the villas are constructed remains within Patara 3'd Degree Archaeological Siteestablished with the decree of Antalya Conservation Commission dated 30.09. 1996 with thenumber 3106.

Under the Article 57 of Law No. 2863 on Conservation of Cultural and Natural Properties,Regional Conseruation Commissions should adopt resolutions within the framework of LawNo. 2863, related legislation, and resolutions of Higher Conservation Cornmission.

As per Article 17 atlaw No. 2863, involved institutions are obliged to prepare reconstructionplan for,consewation for the areas registered as site and submit it to Regional ConservationCommission.

On the other hand, according to the resolution of Higher Conservation Commission on thearchaeological sites dated 05.1 1.1999 with the nurnber 658, 1tt degree archaeological sites arethe sites to be conserved as they are except for conservation-oriented scientific studies and nostructuring are allowed on these areas; units such as infrastructure facilities, routearrangement at the site, square affangement, parking lot, WC, ticket booth, and guard box canbe made by public and private institutions on compulsory situations with the permission ofRegional Conservation Commission.

By the same resolutiotr, 3'd degree archaeological sites are described as "archaeological areaswhere new arrangements can be allowed in line with the conservation-utilization decisions"; itis also stated that conservation-oriented master plans can be made on the zones opened tostructuring through approved environmental plan and master plan paying regard to theconservation of archaeological values.

With the resolution of Higher Conservation Commission on the natural sites clated D.A6.2007with the number 728,1tt degree natural sites are described as "areas having universal value interms of scientific conservation, to be definitely protected due to their original characteristicsor beauties and rareness with regard to public interest, to be conseryed as they are except forconser!'ation-oriented scientific studies"; within the fiarnework of tire project to be preparedin line with 1125000 scaled Environmental Plan or 1/5000 scaled rnaster plan, public otri-duyrecreation facilities (restaurant, buffet, cafeieria, changing roorns, WC, alleys, parking lot etc.)are allowed providing that a permit.:yould be taken frorn the concerned. conservationcommission.

In line with Article 17 of LawNo. 2863 and resolutions of Higher Conservation Cornmission.Patara reconstruction plan for conservation was included in the investment progralnme of the

Kllrgaslam Mahallesi Zafer Sokak No. 6 Kaleigi/ANTll-YA Detai led Information: A. AKTAg ExpertTe l . :0 (242\247 87 6 l -2432160 Fax: 0 (Z4Z) 248 35 33

www. ku l tu rtu r izm. gov.tr E-mai l : anta lyaku ru l@ ku l tu r tu r izm . t r

F .&'\rF

r\.lJ

[*MINISTRY OF CULTURE AND TOURISMAntalya Regional Commission for the Conservation of

Cultural and Natural Properties

Ministry of Culture and Tourism rn 1997; it was given out to UTTA Planning, Project, andConsulting Ltd. by contract and initiated under the inspection of Antaiya Govemorship.

Reconstruction plan for conseryation prepared for Patara 1" and 3'd degree archaeologicalsites and for I't degree natural site, which is approved by Special Environmental ProtectionAgency, was approved,by the decree of Antalya Conservation Commission dated 29.06.2004with the number 6349.

Approved 1/5000 scaled reconstruction plan for ccnservation included the borders of 1" and3'o degree archaeological sites and for I't degree natural site; 1/1000 scaled reconstructionplan for conservation contained 3"t degree archaeological site on which structuring is allowedwith the decree of resolution of Higher Conservation Commission.

Objections made during the suspension period, errors on the borders towards 2B arcas on theapproved plan, the areas remain within the 3'd degree archaeological site of Patarareconstruction plan for conservation due to the lawsuits resulted in favour of the forest arereconsideled by Special Environmental Protection Agency.

Reconstruction plan for conservation, which are rearranged by Special EnvironmentalProtection Agency and approved on 06.03.2008, are approved by the decree of AntalyaConservation Commission dated 3 1 .10.2008 with the numb er 2772.

Gelemig Village, Patara 3'd degree archaeological site consists of two areas: Villagesettlement area and cooperative area.

Village settlement area is indicated on the plan as Y (conservation-restoration areas) and GK(development-housi.ng areas). Structuring conditions on Y areas: Smallest lot size 600 m2,TAKS: 0.15, KAKS: 0.30, maximum building height max h: 6.50 rn; smallest lot size on GKareas 1000 *t, E, 0.20,max h: 6.50 m.

Cooperative areas are described as 6'TK" (low-density preferential usage areas): structuringconditions bn the areas on which house, pension, and one-day facilities are allowed: E: 0.100,max h: 3.50 m, maximum base areaof a building: 1000 m2.

For the mentioned areas the fbllowing terms take place under Article 1.9 of "GeneralProvisions" of Plan Provisions: All layout plans and projects will be prepared in a way thatstructuring rights established by the master plans will not give hatm to the nature andarchaeology and be hidden in the nature after studying the issues of obtaining structuringcompatible with topography on a insular basis and on interacting insulas, realizingconnections u'ith the village. Layout plans and architectural and landscape projects will befbrwarded to Antalya Regional Commission for the Conservation of Cultural and NaturalProperties to be considered and to take assent.

Krlrgaslam Mahallesi Zafer Sokak No. 6 Kaleigi/ANTALYA Detai led Information: A. AKTA$ ExpertTel.: 0 (242)247 87 6l -7432160 Fax: 0 (242)248 35 33

www.kultu rtu r izm. gov.tr E-mai l : anta lyaku ru l@kul tu r tur izm.gov. t r

MINISTRY OF CULTURE AND TOURISMAntalya Regional Commission for the Conservation of

Cultural and Natural ProPerties

a) Al1 layout plans and projects are not given building licence without taking "assent" trom

the commission; "habitation permit" (residential usage licence) is not given without

application of landscape project.

b) particularly the green texture will be precisely established on the landscape projects and

special care will be taken to integrate to the design with the topography, to highlight that the

archaeological qualifications are the main data in conserving the area.

On the other hand, restoration project cf the building stated as bouleuterion (parliarnent

building) of the Lycian League, which is situated at Patara l't degree archaeological site, is

upprol,."d with ths decree of Antalya Regional Conservation Commission dated 04.01.2010

with the number 3732.

At patara Specially Protected Environment Are a, iri line with the decision of raising the

standard of the higilway leading to Patara-Lycian League Bouleuterion (parliament building)

or building an altemative way, 1/1000 scaled base map section pr"p*"d by Highways l3th

Regional'Directorate road ptoporul, which partially takes place on the 1" degree natural and

:;?.gt.Q archaeological rit", is approved -by

the decree of Antalya Regional Conservation

Commission dated 26.01.2010 with the numter 3786 in line with the resolutions of Higher

Conservation Commission on the following conditions:

Due to the activity to be rcahzed at Lycian League Bouleuterion, the project that has the

characteristic of road landscaping between the point decided as a compensation area on the

approved reconstruction plan for conservation, which rernains on the 3'd degree

ui.rru.otogical site. to the beginning of the l't degree archaeological site is approved by the

decree of Antalya Regional Cot rerrlation Commission dated 17 .06-2010 with the number

41g0 with the amehdment that the proposed material of the road surface will be "natural

stone,,; it is stated that applications relatia to the infrastructure on the atea would be made by

the concemed institutions under the supervision of Antalya Museum. At the 1" degree

archaeological site at Tepecik Locality, affanging the immovable map section 8 lot 419,

owned ty tfre Treasury and assigned to the Ministry of Culture and Tourism. as a temporary

heliport iuring the paiara World Parliament Speakers Meeting is allowed on condition that it

will be made under the supervision of Patara Excavation Directorate and Museum Directorate

because the resolution of Uigner Conservation Cornmission on the archaeological sites dated

05.11 .l9gg with the number 658 allows infrastructure applications by public and private

institutions on compulsory sitr-rations;

'I'he request of paving the cument road passing through the 1" degree archaeological site with

natural stone with the airn of irnprovingit is ppproved on condition that the application will be

realtzed. under the supervision of Excavation Directorate and Antalya Museum Directorate

within the framework of the same resolution clated 20.04.2010 n'ith the numbet 4027.

In colclusiol, all the issues considered by Antalya Regional Consen'ation Commission on

patara 1't and 3'd Degree Archaeological and 1st Degree Natural Site are resolved complying

with Law No.2863 and related legislation. The area subject to the petition and opened to

htffi:iei

Krlrgaslam Mahallesi Zafer Sokak No. 6 Kaleiqi/ANTALYA Detailed Information: A. AKTA$ Expert

Tel.: 0 (242) 247 87 61 - 743 2160 Fax: 0 (242) 248 35 33

"vww.kul tur tur izm-eo E-mai l : antalyakurul@kulturtur izm.gov.tr

MINISTRY OF CULTURB AND TOURISMAntalya Regional commission for the conservation of

Cultural and Natural properties

structuring has the status of 3'd Degree Archaeological Site, and this status allows newstructuring on this area in line with th, t.r*s of ttre reconstruction plan for consen ationapproved by speciar Environmentar protection Agency.

on the other hand, the distance of the cooperative area remaining within the 3rd DegreeArchaeological site to the Patara beach, *hirh is the nesting urJu of the sea turtles, isapproximately 2'5 km and is under protection as a Specially protected Environment Area.

Kindly submitted for your information.

Melike GULDirector of Regional Comrnission

\f{ptiti-rye

Kllrgaslam Mahallesi zafer Sokak No. 6 Kaleigi/ANTALYA Detai led Information: A. AKTA$ ExpertTel.: 0 (242) 247 87 6t - 243 zl 60 Fax: 0 (242) 248 35 33

www'kulturturizm.sov.tr E-mail : [email protected]


THE PATARA SPA: A TIMELINE OF THE ZONING AND MANAGEMENT PLAN SAGA

1978 Patara is first registered as an Archaeological Site through the decree issued by the High Commission of Immovable, Antiquities and Monuments (Decision No. A‐1292, 08.09.1978). Boundaries are marked in below map with a doted black line “....”.

Fig. 1. Map of Patara Archaeological Site

Source: http://www.kulturvarliklari.gov.tr/sempozyum_pdf/turk_arkeoloji/29.turk.arkeoloji.pdf

1981 High Commission of Immovable, Antiquities and Monuments issues decree dividing site into zones A, B and C (Decision No. A‐3212, 14.11.1981) (See Fig. 1 for zones A,B,C). No scientific grounding for the division was given. Zone C includes Gelemiş village and ruins of the ancient city: part of the Necropolis and other ancient structures. Construction in zones A and B is prohibited. As per the High Commission’s Resolution regarding “Protection And Conditions Of Use for Archaeological Sites”, new developments may be allowed in Zone C archaeological areas, in line with conservation and utilization aims (the amended Resolution, is available at http://www.kulturvarliklari.gov.tr/belge/1‐71415/ilke‐karari‐‐karar‐no‐658‐‐karar‐tarihi‐05111999.html). If ancient ruins are unearthed during construction, the Antalya Museum is to be notified to take charge and supervise). Locals sell olive groves located within Zone C to housing cooperatives (these cooperatives usually build secondary/summer homes for people living in the cities).

1983 The first construction permit application (No. 7, 22.02.1983) to the High Commission of Immovable Antiquities and Monuments is submitted by KUMKO Housing Cooperative. The High Commission of Immovable Antiquities and Monument rejects the application (Decision No. A‐4244, 09.04.1983), on the basis that the land to be constructed is located within the borders of the archaeological site.

1986 A second construction permit application is submitted jointly by KUMKO and KITIT Housing Cooperatives to the Antalya Branch of the Ministry of Development and Housing, which refers the


case to the Antalya Museum. The Antalya Museum issues Decision No. 16‐579 (01.04.1986) which grants permission for construction, with the justification that the land falls within Zone C. A construction permit for Beyhan Hotel is also issued. The Antalya Museum therefore overrode the 1983 decision of the High Commission of Immovable Antiquities and Monuments.

1987 Following the above procedure (1986), the Antalya Branch of the Ministry of Development and Housing grants construction permission to HITIT Housing Cooperative (05.051987) and KUMKO Housing Cooperative (03.11.1988). Consequently, the cooperatives prepare the land for construction: olive trees are cut down, roads and land plots determined. A monumental tomb, “Aslanli Gomut” (tomb with the lion relief), is destroyed during the construction of a new road that connects the cooperative’s land to the beach, passing through the forest land on the western borders of the ancient city of Patara.

1990 The ancient city of Patara and surrounding natural area are declared "Special Environmental Protected Area" (SPA) by Cabinet Decree No. 90/77 (18.01.1990). The Antalya Regional Commission for the Conservation of Cultural and Natural Properties issues Decree No. 719 (27.03.1990) which includes the below map:

Black line: borders of the SPA.

Blue area: 3rd Degree Archaeological Site (former Zone C )

Red area: 1st Degree Archaeological Site

Green area: 1st Degree Natural Site

The beach is determined as a “breeding area of sea turtles”. Delimited on map by the line “_ ..._“

Fig. 2. Map of Patara SEPA,

Antalya Regional Commission for the Conservation of Cultural and Natural Properties HITIT Housing Cooperative builds foundations and 82 summer houses are completed by 1990. The 5‐storey Hotel Beyhan is also constructed (see 1986). Constructions are stopped following a decision of the Antalya Regional Commission for the Conservation of Cultural and Natural Properties (No. 1000, 19.12.1990).


Subsequent to the declaration of the area as a SPA, the Environmental Protection Agency for Special Areas (EPASA) prepares a management plan which accepts the constructions and the cooperative housing plans, as demonstrated by the below map of the “3rd Degree Archaeological Site”. The border of the cooperative housing land is marked in red, and the border of the land destined for tourism investments, including Hotel Beyhan, is marked in green.

Fig. 3. Map of Patara “3rd Degree Archaeological Site”, EPASA. (See Fig. 1 for location within the SPA)

The fact this plan legalises the constructions and grants construction permission within the protected area, despite the previous decision of the High Commission of Immovable Antiquities and Monuments (Decision No. A‐4244, 09.04.1983), demonstrates that the Housing Cooperative interests are favoured against nature and heritage conservation.

1991 The 1/25.000 and 1/1000 scaled plans produced by the Environmental Protection Agency for Special Areas is rejected by the Antalya Regional Commission for the Conservation of Cultural and Natural Properties (Decision No. 1243, 13.11.1991), as it legalises the illegal constructions, which is not in line with protection principles and targets, and increases the local population by 4‐5.000. Prof. Dr. Fahri Isik, leader of the excavation team, proposes that the boundary of the 1st Degree Archaeological Site of Patara should be similar to the boundary registered by the High Commission of Immovable, Antiquities and Monuments in 1978 (the area proposed is represented by the thick black line in Fig. 1), due to the uniqueness of the site, which was confirmed by the archaeological remains found during the construction of summer houses by HITIT Cooperative (1989‐1990) (see p. 235‐236 in http://www.kulturvarliklari.gov.tr/sempozyum_pdf/kazilar/13_kazi_2.pdf)

1994 Antalya Regional Commission for the Conservation of Cultural and Natural Properties proposes re‐determination of the borders of the archaeological site according to new findings of the excavations (Decision No. 2134, 11.02.1994). Excavation leader Prof. F. Isik writes to the abovementioned Commission (Ref. PTR/94‐14, 21.04.1994) stating his agreement to the definition of the specific area as 2nd Degree Archaeological Site (in spite of his view that it should be determined as a 1st Degree Archaeological Site based on the


excavation findings), in order to safeguard the area against construction. Antalya Regional Commission for the Conservation of Cultural and Natural Properties declines Prof. F. Isik’s proposal (Decision No. 121, 25.04.1994); one member of the Commission, Prof. Dr. Orhan Kuntay (who at the time is in charge of the Department of City and Regional Planning of Gazi University, Engineering and Architecture Faculty in Ankara), disagrees with this decision, stating that “as Patara is a delicate scientific site, 1st degree protection should be implemented in this area”.

1996 The High Commission for Conservation of Cultural and Natural Properties (formerly named “High Commission of Immovable Antiquities and Monument”) announces the preparation of a new “Management Plan with the aim of protection” and “Reconstruction Plan for Conservation” (Decision No. 481, 23.08.1996). EPASA and the Ministry of Culture and Tourism start to prepare the Management Plan with funding from the World Bank.

The area between “Koklum‐Gunluk” and “Gunluk‐Bodrum” is re‐determined from 3rd to 1st Degree Archaeological Site with Decree No. 3106 (30.09.1996) issued by the Antalya Conservation Commission. The area lies just east of Patara’s wetland and hosts underground chamber‐tombs.

1997 Management Plan completed. At the end of 1997, the Ministry of Culture and Tourism, under the inspection of the Antalya Governorship, in collaboration with UTTA Planning, Project and Consulting Ltd., start to prepare the “Reconstruction Plan for Conservation”, with financing from the World Bank.

1998 UTTA Planning, Project and Consulting Ltd., submits the 1/25.000 scale Environmental Plan, 1/5000 and 1/1000 scale “Reconstruction Plan for Conservation” and relevant reports to the Ministry of Culture and Tourism for approval.

2000

The plans prepared by UTTA Planning, Project and Consulting Ltd. are approved by the Antalya Regional Commission for the Conservation of Cultural and Natural Properties (Decision No. 4501, 25.01.2000).

Fig. 4. 1/15000 scaled Map of Patara SEPA, by UTTA Ltd


2000

Regarding the 3rd Degree Archaeological Site, the plan envisages Gelemiş Village as a small eco‐village, maintaining its present population and agricultural character. No new developments are proposed except for those catering to the needs of the existing permanent population of Gelemiş village. In other words, the plan does not provide for an increase of the local population and neither therefore for a housing development. In the area that includes the land owned by the housing cooperatives (yellow area in Fig. 5 below), low‐impact open‐air tourism facilities (accommodation, restaurants, etc) are allowed in the form of camping sites, tents, demountable bungalows, etc, in order to preserve the local natural qualities. Permanent constructions such as hotels and summer house projects are banned. The aim of the plan is to benefit the visitors by securing public access instead of the privatisation of the area and to preserve the cultural, historical, archaeological and natural riches of the location. More information: http://mehmet‐urbanplanning.blogspot.com/2010/12/patara‐ozel‐cevre‐koruma‐bolgesi.html Illegal constructions in the 1st and 3rd degree areas increase due to the slow process of the approval and amendment of the “Reconstruction Plans for Conservation” and court case decisions. Although licences of tourism‐related business using illegal constructions are cancelled, they continued to operate. The “Reconstruction Plans for Conservation” include provisions for the demolition of these illegal buildings or for their modification in compliance with the Plans’ construction specifications, should demolition be impossible.

2004 EPASA and Antalya Regional Commission for the Conservation of Cultural and Natural Properties amends the 1/5000 and 1/1000 scaled “Reconstruction Plans for Conservation” for the 1st and 3rd Degree Archaeological sites and 1st Degree Natural Site. The Ministry of Environment and Forestry rejects the plans as they allow construction in lands classified as “2B”. The case closes in favour of the Ministry of Environment and Forestry. EPASA starts to revise the plans. Note: “2B” lands are former forest lands, that became deforested before 1981 and were repurposed; construction is allowed only for cultivation purposes e.g. for olive trees.

2008 The court case initiated in the 90s by the Housing Cooperatives against the cancellation of their construction permissions concluded in their favour. Subsequently, the court decision is taken into consideration in the new plan in preparation by the EPASA. The Antalya Regional Commission for the Conservation of Cultural and Natural Properties approves the EPASA plan (Decision No. 2772, 31. 10. 2008). Construction is not allowed on forested land, but is permitted on agricultural or arable land. Several fires occur in the forest area during 2008‐9, close to the land owned by the cooperatives. Arsons frequently aim for the de‐classification of land as forest land. Crop‐yielding trees (especially olive trees) are planted on burnt land, and thus the land is classified as agricultural.


Fig.5. Map of Patara “3rd Degree Archaeological Site”, EPASA (see Fig. 1 for location within the SPA) Key: Yellow area: Construction of buildings for agriculture, residences, villas, one‐day facilities are permitted. Yellow area with squares: housing cooperative areas, with permission to build. Red area: renovation/restoration area where new construction provisions apply (includes Gelemiş Village). Construction of one building is allowed on 600m2 lots. In lots larger than 600m2, more than one building is allowed. This will probably lead to the sale of small lots owned by locals to investors/constructors who will combine lots in order to be able to construct. Dark Blue area: area classified as “2B” and state‐owned. “2B” lands are former forest lands, that became deforested before 1981 and were repurposed; construction is allowed only for cultivation purposes e.g. for olive trees. Light Blue area: housing development sites (house settlement sites) Dark green: Protected forest area Birinci Derece Arkeolojik Sit Alani: 1st Degree Archaeological Site. I Derece Dogal Sit Alani: 1st Degree Natural Site

2009 A court case is opened (2009/36) following a complaint from the Forestry Office of Kas regarding 2008 fires (Case ongoing to date).

2010 Housing Cooperative “Ozlenen Deniz” begins construction of 27 summer houses.

2011 & 2012

Housing Cooperative “Ozlenen Deniz” continues construction of the 27 summer houses. New law issued allowing sale and construction of state‐owned areas classified as “2B”. As noted above, 2B lands exist within Patara’s protected area. http://www.resmigazete.gov.tr/eskiler/2012/04/20120426‐1.htm http://www.hurriyetdailynews.com/turkey‐expects‐at‐least‐15‐bln‐from‐deforested‐land‐sale.aspx?pageID=238&nID=20497&NewsCatID=344 The Union of Chambers of Turkish Engineers and Architects (TMMOB) has voiced concern that the “law will leave these areas defenceless”. http://www.hurriyetdailynews.com/government‐excludes‐gains‐from‐sales‐of‐deforested‐land.aspx?pageID=238&nID=18869&NewsCatID=344


Fig. 6. Google Earth satellite photos of constructions within the “3rd Degree Archaeological Site” Red: Housing Cooperative “Ozlenen Deniz”. Blue: KUMKO Housing Cooperative area. Yellow: HITIT Housing Cooperative area

2003:

2011:

complaint to the bern convention: construction of summer houses within patara spa (turkey)

Documents

protected area of patara

chelonia mydas nesting

said area

protected area spa

archaeological area

standing committee meetings

important nesting sites

turkish mediterranean