The 6th Chamber of the Council of State annulled the zoning plans and construction license of the cvk park bosphorus hotel, which took 24 years to construct and was completed and put into operation in 2013 despite the suspension orders issued against it, and which operates at Istanbul Beyoğlu Gümüşsuyu İnönü Caddesi No:8.
The construction of the cvk park bosphorus hotel was halted and the height affecting the skyline was trimmed during the term of then Istanbul Mayor Bedrettin Dalan, but the construction of the hotel was completed despite all these developments. The lawsuits demanded the annulment of the zoning plans because the height of the hotel exceeded the roof of the adjacent German Consulate, which is registered as a cultural property in need of protection, and caused a construction that would disrupt the historical texture of Ayaspaşa. At the same time, the basement floors of the hotel were reserved for customers, when they should have been social spaces or outbuildings for those using the facility.
In the lawsuit filed against CVK Park Bosphorus Hotel by the Istanbul Metropolitan Branch of the Chamber of Architects, the Council of State stated in February 2019 that the hotel being higher than the consulate building was within the scope of a permissible error (acceptable error), while the decision of the Council of State was overturned by the Council of State Administrative Case Chambers Board in September 2021. In the decision, which noted that it was clear that the height of the hotel could not exceed the eaves level of the consulate building, it was also stated that there were seven more floors below the floor of the hotel and that the construction license was not in accordance with the principles of urban planning and the public interest since all of these areas were not included in the precedent calculation. The case file was therefore sent to the 6th Chamber of the Council of State.
According to the decision of the 6th Chamber of the Council of State, which ruled on the case in March 2023, CVK Park Bosphorus Hotel is a neighbor of the German Consulate General, which is registered as a protected cultural asset, and therefore the construction cannot exceed the eaves level of the consulate building, Both the use decisions for basement floors and the construction rights granted by calculating the precedent over the gross parcel lead to an increase in density, burden social and technical infrastructure, affect transportation studies, increase urban costs and undermine the integrity provided by the plan.
For these reasons, the 6th Chamber of the Council of State ruled that the zoning plans and the building license based on the plans were not in compliance with the principles of urbanism, planning principles and public interest, and canceled the transactions subject to the lawsuit.
