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: medasset@medasset.org medasset@medasset.gr 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 Erdogan et al., 2001 3 Kasparek et al., 2001 4 http://whc.unesco.org/en/tentativelists/5408/ 2

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. Ă–zlenen Deniz Housing Cooperative. Summer house construction in progress.

Nesting beach in the background.

Fig 6-8. Patara. 2011. Ă–zlenen 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, followup 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: Ivana.DALESSANDRO@coe.int

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

Complaint Form ‐ ANNEX 1 ‐ September 2012 ‐ MEDASSET

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 3

Convention on the Conservation of European Wildlife and Natural Habitats, Council of Europe 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 DirectorateGeneralFor MuseumsandCulturalHeritalen AranZUr, NUMBER SUBJECT

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MEDASSET-Mediterrenean Associationto Savethe SeaTurtles clo 24, ParkTowers,2 Brick St., LondonWIJ 7DD.UK

Ref: a) Your applicationdated03.05.2011 with ref.no.23880. b) Letterof Directorateof AntalyaRegionalBoardfor CulturalHeritagedated08.07.2011 with rcf. no.2984 '

Your ref. (a) applicationaboutthe seaturtle nestingbeachand the constructionshasbeen examined.You canfind attacheddetailedinformationaboutthe subject.

Regards.

Nermin-BE$BA$ DeputyDirectorGeneral ATTACHMENT: 1- Ref (b)

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08.07.2011 I No. : B.16.0.KVM.4.07-00 .02t07 .07.[ t2984 Subject:Antalya,KaqCounty,Gelemiglfiltage AncientCity of Patara i I GENERALDIRECTORATEOFICULTURAL HERITAGEAND MUSEUM S (WorldHeritageSitesP+nningandIdentificationDepartment) i

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REF.:Your letterof 14.06.201I with theinumberB.16.0.KVM.0.10.01 .00-126391.

Your letter in reference above regar{ing the complaint on the rnedia news about the constructionof 400-750 villas/summer $ousesat GelemigVillage coastcloseto Ancient City of Patarais examined.

The borders of Site of Ancient 'City of Patara, taking place within the border of Gelemig Village, Ka$ County, Antalya Provinpe, is first registered with the decree of Highei Commissionof Immovable Antiquities and Monumentsdated08.09.1978with the numberA1292-The site is divided into the zone$ of A-B-C with the decreeof the same commission dated 14.11.1981with the number 4-3212. Constructionon the ZonesA and B is definitely prohibited; a part of the areathat is resefvedtoday as the 3'd DegreeArchaeologicalSite was openedto controlled structuring as zone c atthat tirne.

As a result of re-examinationof the bordersof the site of Patarain accordancewith Article 6 of Lawno. 2981, the bordersof the site were re-established as the I't DegreeArchaeological and Natural and 3'd Degree Archaeological Site as per the decreeof Antalya Conservation Commissiondated27.03.1990with the number719.

On the other hand, the area of Ancient City of Patara is declared as "Patara Specially Protected Environment Area" with Cabinet Decree published on Official Gazette on 02.03.1990with the number 20449; thus, with StatutoryDecree with the number 383, the planning and approval power on this area passed to Special Environmental Protection Agency. 1125000scaled Environmental Plan preparedby SpecialEnvironmentalProtection Agency including Pataru Specially Protected Environment Area was approved and sent to Antalya ConservationCommission. "Additional and Partial Revision of Patara Specially ProtectedEnvironmentArea l/25000 scaledEnvironmentalplan,,includingthe changesmade at the subjectareaduring that processwas approvedon29.0i. 2010.

In 1991,117000scaledmasterplan includingGelemiqVillage and PataraArchaeological and Natural Site was initiated. During this propess,in accordancewith the decreeof Antalya ConservationCommissiondated 15.11'.1994 with the number 2342,the bordersof the l't Degree Natural Site were expandedand-,borderof the 3'd DegreeArchaeologicalSite was updated.

Throughthe evaluationof new archaeologicaldataobtainedfrom the excavationat the slopes between Kdkliik-Gtinltik and Gtinltik-Bodrum, the area was turned into 1" Degree

KrlrgaslamMahaltesiZafer Sokak No. 6 Kaleigi/ANTALYA DetailedInformation: A. AKTAg Expert Tel.: 0 (242) 247 8j 6t - 243Zt 60 Fax: 0 (Z4Z)24835 33 www.ku ltu rtu rizm. gov.tr E - m a i l : a n t a l y a k ur u l @ k u l t u r t ur i z m . g o v . t r

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MINISTRY OF CULTURB AND TOURISM AntalyaRegionalCommissionfor the conservationof

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Cultural and Natural properties Archaeological Site from the 3'd degree and updated with the decree of Antalya Conservation

commission dated30.09.1996 with thenumber3106.

Current site bordersof Pataraare the borders establishedi' 1996. There site statusof the region opened to structuring has not chenged recently, and the borders of the site were expandedin favour of the conseryation decrees in the process from 1978 when the first registrationtook place until 1996 when the final site borderswere established.Accordingly, the areawherethe villas are constructedremains within Patara3'dDegreeArchaeologicalSite establishedwith the decreeof Antalya ConservationCommissiondated30.09.1996with the number3106.

Under the Article 57 of Law No. 2863 on Conservationof Cultural and Natural Properties, Regional ConseruationCommissionsshould adopt resolutionswithin the framework of Law No. 2863,relatedlegislation,and resolutionsof Higher ConservationCornmission.

As per Article 17 atlaw No. 2863,involved institutionsare obligedto preparereconstruction plan for,consewationfor the areasregisteredas site and submit it to Regional Conservation Commission.

On the other hand, according to the resolution of Higher ConservationCommission on the archaeological sitesdated05.11.1999with the nurnber658, 1tt degreearchaeological sitesare the sitesto be conservedas they are except for conservation-oriented scientific studiesand no structuring are allowed on these areas; units such as infrastructure facilities, route arrangementat the site, squareaffangement,parking lot, WC, ticket booth, and guardbox can be made by public and private institutions on compulsory situationswith the permissionof RegionalConservationCommission.

By the sameresolutiotr,3'd degreearchaeologicalsites are describedas "archaeologicalareas wherenew arrangementscan be allowed in line with the conservation-utilizationdecisions";it is also statedthat conservation-orientedmaster plans can be made on the zones openedto structuring through approved environmental plan and master plan paying regard to the conservationof archaeological values.

With the resolutionof Higher ConservationCommissionon the naturalsitesclatedD.A6.2007 with the number 728,1tt degreenatural sitesare describedas "areashaving universalvaluein terms of scientificconservation,to be definitely protecteddue to their original characteristics or beautiesand rarenesswith regardto public interest, to be conseryedas they are exceptfor conser!'ation-oriented scientific studies";within the fiarneworkof tire project to be prepared in line with 1125000scaledEnvironmentalPlan or 1/5000scaledrnasterplan, public otri-duy recreationfacilities(restaurant,buffet, cafeieria,changingroorns,WC, alleys,parking lot etc.) are allowed providing that a permit.:yould be taken frorn the concerned.conservation commission.

In line with Article 17 of LawNo. 2863 and resolutionsof HigherConservation Cornmission.

Patarareconstructionplan for conservationwas includedin the investmentprogralnmeof the

KllrgaslamMahallesi Zafer Sokak No. 6 Kaleigi/ANTll-YA DetailedInformation: A. AKTAg Expert T e l . : 0 ( 2 4 2 \ 2 4 78 7 6 l - 2 4 3 2 1 6 0 F a x : 0 ( Z 4 Z )2 4 83 5 3 3 www. ku ltu rtu rizm.gov.tr E - m a i l : a n t a l y a k ur u l @ k ul t u r t u r i z m .tr

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MINISTRY OF CULTURE AND TOURISM AntalyaRegionalCommissionfor the Conservationof Cultural and Natural Properties

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Ministry of Culture and Tourism rn 1997; it was given out to UTTA Planning,Project,and ConsultingLtd. by contractand initiatedunderthe inspectionof Antaiya Govemorship.

Reconstructionplan for conseryationpreparedfor Patara 1" and 3'd degreearchaeological sitesand for I't degreenatural site, which is approvedby SpecialEnvironmentalProtection Agency, was approved,bythe decreeof Antalya ConservationCommissiondated29.06.2004 with the number 6349.

Approved 1/5000scaledreconstructionplan for ccnservationincludedthe bordersof 1" and 3'o degreearchaeologicalsites and for I't degreenatural site; 1/1000 scaledreconstruction plan for conservationcontained3"t degreearchaeological site on which structuringis allowed the decree resolution Higher of of with ConservationCommission.

Objectionsmade during the suspensionperiod, errorson the borderstowards 2B arcason the approved plan, the areas remain within the 3'd degree archaeological site of Patara reconstructionplan for conservationdue to the lawsuits resulted in favour of the forest are reconsideledby SpecialEnvironmentalProtectionAgency.

Reconstruction plan for conservation, which are rearranged by Special Environmental Protection Agency and approved on 06.03.2008, are approved by the decree of Antalya ConservationCommissiondated3 1.10.2008with the number 2772.

Gelemig Village, Patara 3'd degree archaeologicalsite consists of two areas: Village settlementareaand cooperativearea.

Village settlementareais indicated on the plan as Y (conservation-restoration areas)and GK (development-housi.ng areas).Structuringconditionson Y areas:Smallest lot size 600 m2, TAKS: 0.15, KAKS: 0.30, maximum building heightmax h: 6.50 rn; smallestlot size on GK areas1000*t, E, 0.20,maxh: 6.50m.

Cooperativeareasare described as 6'TK" (low-density preferentialusage areas):structuring conditionsbn the areason which house,pension,and one-dayfacilitiesare allowed:E: 0.100, max h: 3.50 m, maximum base areaofa building: 1000m2.

For the mentioned areas the fbllowing terms take place under Article 1.9 of "General Provisions"of Plan Provisions:All layout plans and projectswill be preparedin a way that structuring rights established by the master plans will not give hatm to the nature and archaeologyand be hidden in the nature after studyingthe issuesof obtaining structuring compatible with topography on a insular basis and on interacting insulas, realizing connectionsu'ith the village. Layout plans and architecturaland landscapeprojectswill be fbrwarded to Antalya Regional Commissionfor the Conservationof Cultural and Natural Propertiesto be consideredand to take assent.

KrlrgaslamMahallesi Zafer Sokak No. 6 Kaleigi/ANTALYA DetailedInformation: A. AKTA$ Expert Tel.: 0 (242)247 87 6l -7432160 Fax: 0 (242)24835 33 www.kultu rtu rizm.gov.tr E - m a i :l a n t a l y a k ur u l @ k u l t ur t u r i z m . g o v . t r

MINISTRY OF CULTURE AND TOURISM of AntalyaRegionalCommissionfor the Conservation 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 applicationof landscapeproject. b) particularly the green texture will be precisely establishedon the landscapeprojects and specialcare will be taken to integrateto the design with the topography,to highlight that the archaeologicalqualificationsare the main data in conservingthe area.

On the other hand, restoration project cf the building stated as bouleuterion (parliarnent building) of the Lycian League,which is situatedat Pataral't degreearchaeologicalsite, is upprol,."dwith ths decreeof Antalya Regional ConservationCommissiondated 04.01.2010 with the number3732. raising the At patara Specially Protected Environment Are a, iri line with the decision of standardof the higilway leading to Patara-LycianLeagueBouleuterion(parliamentbuilding) l3th or building an altemative way, 1/1000 scaled base map sectionpr"p*"d by Highways takes place on the 1" degreenatural and -by Regional'Directorateroad ptoporul, which partially the decreeof Antalya Regional Conservation :;?.gt.Q archaeologicalrit", is approved Higher Commissiondated 26.01.2010with the numter 3786 in line with the resolutionsof ConservationCommissionon the following conditions: has the Due to the activity to be rcahzedat Lycian League Bouleuterion, the project that area on the characteristicof road landscapingbetween the point decided as a compensation degree approved reconstruction plan for conservation, which rernains on the 3'd by the ui.rru.otogical site. to the beginning of the l't degreearchaeologicalsite is approved number decreeof Antalya Regional Cot rerrlation Commission dated 17.06-2010with the "natural be will 41g0 with the amehdmentthat the proposed material of the road surface madeby stone,,;it is statedthat applicationsrelatia to the infrastructureon the ateawould be degree 1" the At the concemed institutions under the supervision of Antalya Museum.

8 lot 419, archaeologicalsite at Tepecik Locality, affanging the immovable map section temporary a as Tourism. and owned ty tfre Treasury and assignedto the Ministry of Culture that it heliport iuring the paiara World Parliament SpeakersMeeting is allowed on condition will be madeunder the supervisionof PataraExcavationDirectorateand Museum Directorate sitesdated becausethe resolutionof Uigner ConservationCornmissionon the archaeological private 05.11.l9gg with the number 658 allows infrastructureapplicationsby public and institutionson compulsorysitr-rations; 'I'he with requestof paving the cumentroad passingthroughthe 1" degreearchaeologicalsite will be naturalstonewith the airn of irnprovingit is ppprovedon conditionthat the application Directorate Museum realtzed. under the supervisionof Excavation Directorateand Antalya within the frameworkof the sameresolutionclated20.04.2010n'ith the numbet4027.

In colclusiol, all the issuesconsideredby Antalya RegionalConsen'ationCommissionon patara1't and 3'dDegreeArchaeologicaland 1st DegreeNaturalSite are resolvedcomplying with Law No.2863 and relatedlegislation.The areasubjectto the petition and openedto

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Information:A. AKTA$ Expert Krlrgaslam MahallesiZaferSokakNo. 6 Kaleiqi/ANTALYADetailed Tel.: 0 (242)24787 61 - 7432160 Fax: 0 (242)24835 33 E -mai l :antal yakurul @ kul turturi zm.gov.tr " v w w .k u l tu rtu ri z m-e o

MINISTRY OF CULTURB AND TOURISM AntalyaRegionalcommissionfor the conservation of Cultural and Natural properties structuring has the status of 3'd Degree Archaeological Site, and this status allows new structuring on this area in line with th, t.r*s of ttre reconstruction plan for consen ation approvedby speciarEnvironmentarprotection Agency. on the other hand, the distance of the cooperative arearemaining within the 3rd Degree Archaeological site to the Patara beach, *hirh is the nesting urJu of the sea turtles, is approximately2'5 km and is underprotection as a SpeciallyprotectedEnvironmentArea.

Kindly submittedfor your information.

Melike GUL Directorof RegionalComrnission

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{ptiti-rye KllrgaslamMahallesi zafer Sokak No. 6 Kaleigi/ANTALYA Detailed Information: A. AKTA$ Expert Tel.: 0 (242) 247 87 6t - 243 zl 60 Fax: 0 (242) 248 35 33 www'kulturturizm.sov.tr E-mail: antalyakurul@kulturturizm.gov.tr

Complaint Form ‐ ANNEX 3 ‐ September 2012 ‐ MEDASSET 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

Complaint Form ‐ ANNEX 3 ‐ September 2012 ‐ MEDASSET 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).

Complaint Form ‐ ANNEX 3 ‐ September 2012 ‐ MEDASSET 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

Complaint Form ‐ ANNEX 3 ‐ September 2012 ‐ MEDASSET 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

Complaint Form ‐ ANNEX 3 ‐ September 2012 ‐ MEDASSET

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.

Complaint Form ‐ ANNEX 3 ‐ September 2012 ‐ MEDASSET

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 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 2012 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

Complaint Form ‐ ANNEX 3 ‐ September 2012 ‐ MEDASSET 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: