טכניון מכון טכנולוגי לישראל
הטכניון מכון טכנולוגי לישראל - בית הספר ללימודי מוסמכים  
M.Sc Thesis
M.Sc StudentTaler Ilana
SubjectPlanning Authorities as Stimulators of Objections to
Modifications of Plans: Implementation of Section
106(B) of the Planning and Building Law
DepartmentDepartment of Architecture and Town Planning
Supervisor Dr. Michael Meyer Brodnitz


Abstract

The Planning and Building Law (1965) gives the citizens of Israel the right to object to deposited plans before their approval. The law obliges the Planning Commissions to notify on the deposition and to allow the public to submit objections. This research deals with a unique second round procedure in the law: section 106(b), which determines that if as a result of accepting an objection to a plan changes will be made to it, the planning authority will not reach a final decision before giving a person, who is about to be affected by the changes, the opportunity to object. Section 106(b) is one of the rare opportunities in which the initiative comes from the planning authority. There are no definitions and instructions about the nature of change, as a result of which the section would be implemented and to deternining  those affected and what an affect is. In the absence of explicit definitions, the statutory planning authorities must determine ways of action and uniform and accountable decision taking procedures according to section 106(b).

This research examines the way section 106(b) is implemented as a result of a plan change according to three known ideologies in the planning theory: protection of private property; advance of public interest and advance of public participation.

Based on literature review, legal precedents, questionnaires and interviews whith professional planning officials and a case study of comparative analysis of plans is presented and discussed. Findings indicate that the planning commissions emphasized the protection of private property while avoiding the implementation of the other ideologies in their application of section 106(b).