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).