Congestion and overcrowding due to a lack of approved local plans
Although planning laws and policies are often understood as neutral and
objective mechanisms designed to improve the quality of life of the people,
Israeli planning laws, as with many settler-colonial regimes, are guided by a
set of objectives, policies and cultural norms that actually disguise structural
and overt discrimination against Palestinians.321
The highly centralized planning system developed by Israel and governed
by the Planning and Building Law 1965322 allows the state to manage the
mass increase of Israeli-Jews and simultaneously restrict expansion and
city planning in Palestinian communities. The progressive relaxation of the
planning system to encourage local decision-making in Israeli-Jewish areas
has not been applied to Palestinian communities and has enabled their
ongoing tight regulatory control. This has resulted in a discriminatory and
severely detrimental planning environment for Umm al-Fahm.
•
No approved local structural plan: Attempts to develop a Local
Master Plan have persistently failed from the 1970s onwards, until
they were shelved in the 1990s. Since 2011, attempts to develop a
Local Comprehensive Plan for Umm al-Fahm have met the same fate.323
This is because approval for these plans by the Haifa District Planning
Committee is required, on which no Palestinian sits, allowing for the
opportune prioritization of Israeli-Jewish interests over Palestinian
needs. Eventually, this leads to a deadlock where Palestinian planners
are not able to fully yield to the Committee’s conditions for approval
because their requirements are wholly inadequate in meeting the needs
of the Palestinian people.324 In January 2020, the Fathmal Committees
in Jerusalem emanating from the Council for Organization and Building
approved the deposit of a detailed map for some areas in the city of
Umm al-Fahm, mainly Ayn Jarrar, Abu Lahim and Al-Arayesh.325 The
map named Tamal 1077 approved construction of new houses on 2200
dunums, including the licensing of 3,000 housing units based on private
321 See “Introduction: Culture, Colonialism and Planning,” in Libby Porter, Unlearning the Colonial Cultures
of Planning (Burlington & Farnham: Ashgate, 2010), 1-19, available at: http://periferiesurbanes.org/
wp-content/uploads/2013/12/Libby_Porter_Unlearning_the_Colonial_Cultures_ofBookFi.org_1.pdf
322 Planning and Building Law, supra 49.
323 OECD, supra 282, 131-132.
324 Engineer, supra 321.
325 See Umm al-Fahm, Municipality Website, available at: http://www.umelfahem.org/index.
asp [accessed 28 February]; See also “Umm Al-Fahm: Approval of building 4122 housing units”
[Arabic], Arab 48, 15 January 2020, available at: https://d2c6av74oz68c3.cloudfront.net/-أخبــار/محليات
علــى-المصادقة-الفحم-أم/2020/01/15/محلية- [accessed 28 February 2020].
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