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Report Fall08 ENG [Bimkom -- The Prohibited Zone -- Israeli Planning Policy in the Palestinian Villages in Area C]

Report Fall08 ENG [Bimkom -- The Prohibited Zone -- Israeli Planning Policy in the Palestinian Villages in Area C]

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Published by: Didi Remez on May 20, 2010
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The Jordanian Law creates a hierarchy of plans mirroring the hierarchical structure of the planning

institutions. In contrast to the situation in Israel, however, the Jordanian Law does not include

national outline plans. The highest level of plan defined under the Jordanian Law is the regional

plan, which in many respects is analogous to the district outline plan in Israel. The regional plan


Ibid., Article 8.


Ibid., Article 8(3).


Ibid., Article 8(4).


Ibid., Articles 9(1)(A), 9(1)(B).


Ibid., Article 9(1)(C).


Ibid., Article 9(1)(D).


Ibid., Article 9(2).


Ibid., Article 4(E).


Ibid., Article 7.


Ibid., Article 14. The Civil Administration claims that a planning survey is required only in the preparation of a regional or

outline plan, and that there is no obligation to prepare a survey before depositing a detailed plan. Although this approach is

inconsonant with the text of the law, the HCJ recently determined that “a planning survey would not seem to be obligatory” in

the case of a detailed plan. HCJ 1526/07 Ahmad `Issa `Abdullah Yassin and 16 Others v Head of the Civil Administration

et al., ruling dated 5 September 2007.


The Prohibited Zone

addresses the boundaries of cities and villages, the establishment of new communities, various

building instructions, roads and infrastructures.110

The outline plan applies to the entire area of a community (city, town, or village) and is intended

to regulate the different land uses (residential, commercial, industrial, and so forth) on the

community-wide level. Outline plans include relatively detailed reference to such aspects as roads,

infrastructure, residential areas, industry, public buildings, and open areas. Nevertheless, the typical

level of detail in these plans is usually inadequate for issuing a building permit on individual plots.111

According to the Jordanian Law, the planning institutions must examine the need to update outline

plans at least once every 10 years.112

The detailed plan establishes the permitted uses and building restrictions on the level of the

individual plot. Accordingly, building permits can be issued on the basis of detailed plans.113


Jordanian Law distinguishes between two types of detailed plans, according to the size of the

community for which they are intended. In cities and large towns, the law requires the preparation

of a separate outline plan; detailed plans for the different neighborhoods are then to be prepared

according to the orders of the outline plan. Thus, in this case the detailed plan serves as a tool

enabling the practical implementation of the orders in the outline plan.114

In villages and small

towns, the law states that a single plan is sufficient – a detailed outline plan,115

which forms the basis

for issuing building permits.

The law explicitly mandates the authorities to undertake planning. The Local Committee or Planning

Bureau must prepare outline plans, and the Local Committee must prepare detailed plans.116


bodies are only allowed to undertake detailed planning, for land they own or in which they hold

an interest.117

The law establishes a deposit period of two months for all plans (regional, outline, or detailed) and

allows anyone who has an interest in the plan to submit an objection during this period.118


has the authority to approve regional and outline plans,119

while the relevant District Committee

has the authority to approve detailed plans.120

In addition to these plans, the Jordanian Law also

establishes a procedure for the preparation and approval of subdivision plans (parcellation

schemes) under the authority of the Local Committee. Subdivision plans do not need a deposit

process and it is impossible to submit objections to these plans.121

Subdivision plans are extremely

important since many of the existing parcels in the West Bank are very large, sometimes covering

dozens of hectares. Their subdivision into small lots (for example, lots of 1,000 square meters

each) may enable large scale construction on the basis of approved plans, without the need for an

additional planning procedure (see Chapter Five).


The Jordanian Law, Article 15.


Ibid., Article 19.


Ibid., Article 25(1).


Ibid., 23(5).


Ibid., Article 23(1).


Ibid., Article 23(2).


Ibid., Articles 9(E)(2)(A), 19, 23.


Ibid., Article 23(3).


Ibid., Articles 17, 20, 24.


Ibid., Articles 18, 21.


Ibid., Article 24.


Ibid., Articles 28, 29.


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