|1. PLANNING AREA:
Planning area is MuÄŸlaâ€“Dalaman Culture and Tourism Preservation and Development Site (CTPDS), the boundaries of which have been defined in the official gazette no. 26066 of January 31, 2006.
The purpose of this plan is to ensure the development of planned tourism with balanced utilization and preservation in â€œMuÄŸlaâ€“Dalaman Culture and Tourism Preservation and Development Siteâ€ announced by the decision of the Council of Ministers, in accordance with Tourism Incentive Law (no. 4957/2634), and to define the skeleton conditions for future applications in the sub-areas that will be specified.
Within the Culture and Tourism Preservation and Development Sub-areas: areaâ€™s natural, cultural and socio-economical resources will be directed towards tourism around the framework of the principle of sustainability and with the consideration of utilization-preservation balance; thus new fields of investment directed towards shore tourism and alternative tourism types will be created. With these investment areas of optimal sizes: tourism activities will be diversified, tourism will be extended to the full year and regionâ€™s share in the tourism sector as well as the quality of the tourists will be increased.
With the utilization of the areaâ€™s potentials in the tourism sector, tourism towns will be built and the settlements will be transformed in an appropriate fashion.
For this main purpose, the area is aimed to become an important tourism destination by the direction of the potentials that Dalaman and the surrounding area offer towards tourism, by the development of different kinds of tourism such as shore, nature, golf, health and fitness tourisms and eco-tourism and by creating alternative tourism types.
This plan includes the areas that constitute Dalaman Culture and Tourism Preservation and Development Site; namely rural settlement areas, urban settled areas and private property areas that qualify as agricultural areas around Ortaca and Dalaman settlements, the public property areas and forest areas that are prominent for their closeness to the airport, easy access to the sea, approximately 10 km of coastline, topographic and climatic features, thermal water resource potential, landscape features around Dalaman Creek, water and agricultural potentials and thus specified as sub-areas of Culture and Tourism Preservation and Development.
4. LEGAL BASIS:
This plan was drawn up in accordance with Tourism Incentive Law (no. 4957/2634) and its regulations.
5.1 Culture and Tourism Preservation and Development Site (CTPDS):
Areas, the boundaries of which have been defined and announced with the suggestion of the Ministry of Culture and Tourism and the decision of the Council of Ministers in order to preserve, make use of, utilize and allow sectoral progress and planned development in regions, which are abundant of historical and cultural values and/or which have a high tourism potential.
5.2 Culture and Tourism Preservation and Development Sub-area (CTPDSA):
Lands which are defined with 1/25.000 or a smaller scale plan, which include one or many tourism facilities; cultural, educational, recreational, commercial or accommodation fields, all sorts of technical and social infrastructure and which can be themselves be divided into sub-areas.
5.3 Tourism Towns:
These are settlements within places announced as CTPDS and their boundaries are defined with plan decisions; they include one or many of the types defined by Regulations Concerning the Documentation and the Qualification of Tourism Facilities, which can be documented separately, alongside one or many of fields of culture, education, recreation, commerce, accommodation and all sorts of technical and social infrastructure. These settlements can also be utilized as CTPDSA.
6. GENERAL REGULATIONS:
6.1 Within the boundaries of this plan, the authority to draw up, assign and approve plans of every scale, belongs to the Ministry of Culture and Tourism according to the 7th article of Tourism Incentive Law (no. 4957/2634). The Regulations Concerning the Draw up and the Approval of Development Plans are to be obeyed within this area, Culture and Tourism Preservation and Development Sites, and Tourism Centers.
6.2 Land usage types, conditions of construction and other conditions in the specified Culture and Tourism Preservation and Development Sub-areas within the boundaries of Culture and Tourism Preservation and Development Site and in other areas included in the plan are to be determined in the Master and Application Development Plans of 1/5000, 1/1000 scales.
6.3 Geological and geotechnical surveys and an approval of these by the relevant official authority are required before the stage of Master and Application Development plans of 1/5.000 and 1/1.000 scales. Sub-scaled plans cannot be approved, before the geological and geotechnical surveys essential to the main development plan are approved.
6.4 The necessary social and technical infrastructure (healthcare, education, administrative facilities, socio-cultural facilities, roads, green area etc.) areas within the Culture and Tourism Preservation and Development Site will be determined with Master and Application Development Plans of 1/5000 and 1/1000 scales.
6.5 Master Plans of 1/5000 and Application Development Plans of 1/1000 scales are valid, as long as they donâ€™t contradict the decisions of 1/25000 scale plan and are approved by the relevant authorities before this main planâ€™s approval deadline. However, in the case of alterations in the plans in question or a violation of the decisions of the main plan, the new 1/5000 and 1/1000 scale Master and Application Development Plans to be drawn up and the alterations will be approved by the Ministry of Culture and Tourism in accordance with law (no. 4957/2634).
6.6 For the preservation areas within Culture and Tourism Preservation and Development Site, Cultural and Natural Life Preservation Law (no. 5226/2863), relevant provisions of the regulation and the In Principle Decisions of the High Committee of Cultural and Natural Life Preservation are to be obeyed. Committee of Cultural and Natural Life Preservationâ€™s decision is required for the functions and conditions of construction on the preservation areas in sub-scaled plans.
6.7 On a 1/5000 scale Master Development Plan of the areas that are decided to be utilized on the plan of 1/25000 scale: if at least 50% of the 5000 mÂ² or smaller cadastral plots are within the area that is decided to be utilized, a plan can be drawn up for the whole of the land, taking into consideration the natural thresholds and without altering the 1/25000 scale plan. This provision is not valid for the lots that will be acquired through allotment.
6.8 Tourism Incentive Law (no. 4957/2634) and all of the following regulations that has been issued on the basis of this law are valid:
- Regulations Concerning the Draw up and the Approval of Development Plans within Culture and Tourism Preservation and Development Sites and Tourism Centers and the Regulations Concerning the Documentation and the Qualification of Tourism Facilities
- Forest Law (no. 6831/3373) and the relevant regulations,
- Land Preservation and Use Law (no. 5403) and the Regulations Concerning the Preservation and the Use of Agricultural Areas,
- Law (no. 167) Concerning Underground Waters and the relevant regulation and protocol,
- Public Hygiene Law (no. 1593) and the Regulations Concerning Non-Hygienic Establishments,
- Mine Law (no. 5177/3213) and the relevant regulation,
- Environmental Law (no. 2872) and the relevant regulation issued on its basis,
- The Regulations Concerning the Pits to Be Opened in Places Unsuitable for Sewer Channels printed in the official gazette no. 13783, of March 19 1971,
- The Regulations Concerning the Structures to Be Built by the Motorways, printed in the official gazette no. 23033, of May 15 1997,
- Law no. 2565 and the relevant regulation regarding the military areas, military prohibition areas, security areas etc.
- The Regulations Concerning Structures to Be Built in Catastrophe Areas for all kinds of construction and all types of ground.
6.9 All scales of plans for the shore areas included in this plan are to be drawn up in accordance with Shore Law (no. 3621/3830) and the provisions of the regulation regarding the Application of the Shore Law, by consulting the relevant institutions and organizations and are to be approved by the Ministry of Culture and Tourism in accordance with Law no. 4957/2634.
6.10 The opinion of the Ministry of Environment and Forests is to be consulted about the applications on areas that are included in Protection Zones and are subject to the Regulations Concerning the Watery Areas, in the stage of Master and Application Development Plans of 1/5000 and 1/1000 scales.
6.11 Construction by Brooks and Streams and on Flood Areas is not to start, unless the opinion of the Water Works Department has been consulted.
6.12 Decisions regarding all kinds of arrangements for the handicapped people are to be made and necessary precautions are to be taken in the structures.
6.13 No applications are to be carried out on areas within the flight cone of airports before consulting the opinion of the Ministry of Transportation (General Directorate of Railways, Harbors and Airports Construction).
6.14 Application measurements are not to be made on this plan. Application process is to proceed around the framework of the suggestions of relevant institutions and organizations, without undoing the totality of the uses of this plan and violating the main decisions and provisions of the plan.
6.15 Tourism Incentive Law no. 4957/2634 and the relevant regulation provisions are valid for issues that are not included in this plan or in the notes to the plan.
7. SPECIAL REGULATIONS :
7.1 URBAN SETTLEMENT AREAS (EXISTING - DEVELOPING)
Urban Development areas have been defined as average developing areas that provide a passage between the town center and land with agricultural quality. The structures on areas, for which no development application has been done or which have been included in the plan recently, are to be detached.
Minimum allotment size is 750 mÂ². Gross density in these areas is 250 people per hectare.
In these areas, alterations on urban, social and technical infrastructure areas can be made without altering the 1/25000 scale plan. However, Development Law (no. 3194) and the relevant provisions of the regulation are to be obeyed for the arrangement of these areas.Â
7.2 RURAL SETTLEMENT AREAS (EXISTING - DEVELOPING)
Dwellings and rural tourism facilities like Country Homes, Village Homes and Mountain Homes and accommodation facilities like pensions are to be built in these areas, as stated in the Regulations Concerning the Documentation and the Qualification of Tourism Facilities.
In areas which had no development application according to the development plans approved in accordance with the laws before the draw up of this plan:
For Existing Rural Settlement Areas:
Min. Allotment: 400 mÂ², hmax: 6.50 m.
For Developing Rural Areas:
Min. Allotment: 600 mÂ², hmax: 6.50 m.
7.3 IN AREAS OF DAILY USE
No accommodation facilities are to be built on these areas. Only restaurants, cafÃ©s, tea-houses, facilities for amusement, sports, mini golf, aquapark etc., recreational facilities, open air theatres and venues, fun fair, exposition and exhibition units and outdoor furniture like dressing cabins, showers, toilets, canopies, rubbish bins, wooden wharfs, all suitable for daily use can be placed here. E: 0.05, max. h: 5.50 m.
7.4 AREAS OF EXISTING TOURISM FACILITIES
These areas are within SarÄ±germe Tourism Center and complementary accommodation facilities such as apart hotels, boutique holiday villas, hotels, motels, pensions and structures and facilities for daily and recreational use can be built here.
7.5 OPTIONAL UTILIZATION AREAS
For these areas,
In case of construction of dwellings, minimum lot size: 1000 mÂ², E: 0.30, maximum h: 6.50 m.
In case of construction of Apart Hotels, Boutique Holiday Villas, Motels or Pensions, minimum lot size: 1000 mÂ², E: 0.30, maximum h: 7.50 m.
In case of construction of hotels, minimum lot size: 5000 mÂ², E: 0.40, maximum h: 10.50 m.
In case of construction of holiday resorts, minimum lot size: 10,000 mÂ², E: 0.30, maximum h: 7.50 m.
7.6 RESERVED AREAS (r)
These are areas of public property, to which the private property areas that will possibly be included in the CTPDSA are to be moved with the permission of the owner.
Applications for future Tourism Facility and Accommodation Areas on these areas are to be carried out by adding 0.10 to the coefficient values specified in conditions of construction in article 6.5.
Land exchange is to take place through processes of development applications, exchange, sale, transfer etc. following the approval of the development plans of the Sub-Areas drawn up to the include the reserved areas.
The Reserved areas that are not exchanged are to be included in the boundaries of the nearest CTPDSA.
7.7 ECO-TOURISM AREAS
In case of construction of Country Homes, Boutique Hotels and Daily Facilities for tourism purposes, minimum lot size: 5000 m², E: 0.10. In case of construction of dwellings the provisions of article 7.13 are valid.
7.8 GOLFING AREA
Golf courses, golf clubs, accommodation facilities and accommodation facilities which Qualify as Tourism Facility can be built, forestation and land arrangement can be done on this area. E: 0.03, maximum h: 12.50 m, maximum bed capacity: 1000
7.9 CULTURE AND TOURISM PRESERVATION AND DEVELOPMENT SUB-AREAS (CTPDSA)
Tourism types that can guide the sub-scaled plans and that can be developed within the area are as follows:
- Accommodation Facilities
- Health and Thermal Tourism (Cure Centers, Health and Beauty Centers, Thermal Hotels, Spas)
- Shore Tourism (Shore and Water Sports and Activities)
- Sports Tourism (Indoor/Outdoor Sports facilities, Training Facilities, Game Fields etc.)
-Eco-Tourism (Country Homes, Hobby Gardens, Boutique Hotels etc.)
- Golf Tourism (Golfing Areas With/Without Accommodation, Golf Complexes that include 3-4 Golf Courses and Boutique Villas etc.)
- Congress Tourism (Culture and Congress Centers, Exposition-Congress Sites etc.)
- Entertainment Centers (Amusement Parks, Game Fields etc.)
- Areas That Can Be Developed by the Utilization of Their Natural Potential and Tourism Variety:
* Natural Trekking (On Foot, Cycling, Riding)
* Climbing, Adventure Tracks
* Fishing/Photo Safari
* Youth Camps
* Nature Tourism
While developing the tourism types roughly listed above, natural features of the CTPDSA are to be taken into consideration.
In addition to the tourism types listed above, complementary units for the tourism towns can also be included in these areas.
Total E is 0.10 for the whole of the tourism utilizations in CTPDSAs. The total construction area of the tourism utilizations determined within the area cannot exceed this figure. If units that will require further explanations in the title deed and that will be utilized with the time-sharing method are built, the bed capacity cannot exceed 10% of the total construction area and 1% of the whole of the sub-area.
Social and technical infrastructure within the CTPDSAs is not subject to construction condition E: 0.10.
In accordance with the Forest Law (no. 6831/3373) and the relevant regulations, necessary technical work such as preservation, maintenance and rejuvenation can be done on the areas that qualify as forest land within CTPDSAs and roads can be built in the forest when necessary.
7.10 AGRICULTURAL AREAS SELECTED FOR UTILIZATION
In the areas that qualify as agricultural, shown on the plan with the notation (tr) and that are decided to be utilized, opinion of the relevant authorities are to be consulted in accordance with Land Preservation and Use Law no. 5403, before the stage of draw up of 1/5000 and 1/1000 scaled plans.
7.11 WATER PRODUCTS CULTIVATION AREA
Indispensable structures and facilities, which have to be built on land for the cultivation of water products and facilities for daily use can be built on these areas.
Necessary arrangements in accordance with Water Products Law (no. 1380) and the Regulations Concerning Water Products are to be done and Ministry of Agriculture and Rural Affairs is to be consulted for suggestions about the arrangements to be done on these areas.
7.12 LARGE URBAN GREEN AREAS
Facilities such as Botanical Gardens, Horse Riding Track, Mini Golf Course, Picnic Area, Free Walking Areas, Skateboard Grounds, Rocks for Climbing, Roller Skates Ground, Auto-Cross Areas, Zoo, Hobby Gardens can be built in these areas. E: 0.03; maximum h: 4.50 m.
7.13 AGRICULTURAL PRESERVATION AREAS
Facilities for activities stated in article 7.3 and detached dwellings of rural quality and facilities that encompass all practice from production to marketing such as non-integrated fish cultivation pools, coops, stables, sheepfolds, greenhouses, water and feed stores, fertilizer and silage pits can be built on these areas. Every lot that will be obtained after the allotment is not to be smaller than 5000 mÂ². Also these lots must have at least 25 m of frontage to the cadastral road.
In agricultural areas:
E: 0.05, maximum height of one storey: 6.50 m.
The structures that will be built in the agricultural areas can be regarded as â€œRural Tourism Facilityâ€, with a Tourism Management Document to be acquired from the Ministry of Culture and Tourism.
7.14 NATURAL PRESERVATION AREAS
The existing land use will still be valid for these areas with unique topography, flora and fauna (heath, thicket, reed bed, marsh). Minimum allotment condition and lot size is 5000 mÂ² on private lands within these areas. The lots that will be obtained after the allotment must have at least 20 m of frontage to a cadastral road on the cadastral and title deed map. The condition of construction for the structures in these areas is that max. construction area must be 100 mÂ². One dwelling and one outbuilding can be built on the condition that H: 6,50 is not exceeded and the construction is not closer than 10 m. to the cadastral road and the parcel boundaries.
7.15 AGRICULTURAL PRESERVATION AREAS OF SPECIAL YIELD
Olive groves on these areas are to be treated in accordance with the provisions of law no. 4086 concerning the Amendment and Abolition of some of the provisions of the Law Concerning the Improvement of Olive Groves and Vaccination of Wild Olives.
The conditions of construction stated in article 7.13 are valid for the private lands within these areas, on condition that the opinion of the Ministry of and Rural Affairs is consulted.
7.16 FOREST AREAS
It is essential to preserve the natural character of the areas that are designated as forest areas in the plan. No facilities other than the ones aiming the maintenance, protection, development and management of the forests, specified in Forest Law (no. 6831/3373) are to be built in these areas.
The conditions of construction stated in article 7.13 are valid for the private lands within these areas, on condition that the opinion of the Ministry of Environment and Forests and the Ministry of Agriculture and Rural Affairs is consulted.
7.17 LARGE AREAS FOR SPORTS AND GAMES
Sports facilities for the public can be built on these areas, on the condition that the coefficient values to be determined with plans of 1/5000 and 1/1000 scales are not exceeded.
7.18 RECREATION SPOTS WITHIN THE FORESTS:
Green areas, game areas, facilities such as outdoor sports fields, outdoor performance and amusement areas, fun fair, aqua parks, car parks, showers, canopies, dressing cabins, toilets etc. and arrangements such as botanical garden, golf course, picnic and free walking areas can be included within these areas. Max. E: 0.05
7.19 FUEL OIL STATIONS
The provisions of the Regulations Concerning the Facilities to be Constructed and Opened by the Motorways are valid for the facilities that are planned to be built by the motorways, inside or outside the boundaries of Municipal and Neighboring Area. The opinion of the Ministry of Energy and Natural Resources has to be consulted.
If the fuel-oil stations are built on lots smaller than 5000 mÂ², the application takes place after development plans of 1/5000 and 1/1000 scales are drawn up without altering the 1/25000 plan and are approved by the Ministry of Culture and Tourism. E: 0.20 for these areas.
For the fuel oil stations on lots that are smaller than 5000 mÂ² and that include accommodation E: 0.30 and the same conditions are valid, except the areas of which the forest and agricultural quality is to be preserved.
If fuel-oil stations are to be built on lots bigger than 5000 mÂ², with or without accommodation, the 1/25000 plan must be altered.
No structures can be built on these areas. The conditions stated in article 7.16 are valid.