land, in addition to 1122 new housing units in the aforementioned
neighborhoods.326 The validation of Tamal map 1077 is subject to certain
conditions. In the larger scheme of things, this approval of a detailed
map in a select few areas of Umm al-Fahm does not make a substantial
difference to the discriminatory planning policies that have prevailed
over the past decades - even more so because the approved detailed
map still stipulates the creation of a forest on Palestinian private lands.327
Notably, Umm al-Fahm remains the only local authority in Wadi ‘Ara area
whose Local Master Plan was never comprehensively approved although
it is the largest locality by a considerable margin. This is consistent with
Israel’s persistent delays and refusal to provide approvals to other large
Palestinian communities.328
•
No appropriate Local Planning Committee: Although a city of this size
would normally warrant having a local planning committee of its own,
Umm al-Fahm remains part of a local planning and building committee
that encompasses a cluster of villages in Wadi ‘Ara; namely Umm alFahm, Baqa al-Gharbiyye, Jat, Ma’ale Iron, Basma, Ara, Ar’ara and Kafr
Qari’a.329 Since cluster committees include government representatives
with advisory functions and a right to appeal to the Appeals Committee
at the district level,330 the inclusion of Umm al-Fahm within the scope
of a cluster planning committee allows Israel to retain greater control
over both planning decision-making and the approval of local plans. This
generates a discrepancy between approved plans and the residents’
actual needs, and thus further hampers urban development.
•
Dependent on highly localized “Detailed Plans”: In a bid to rectify the
issue of ‘illegal’ construction, the Umm al-Fahm Municipality which was
formed in 1984, started obtaining approvals for more localized area
specific ‘Detailed Plans’. Since these are for confined areas, these plans
largely reflect the status quo, do not factor in future development needs,
and do nothing to address the broader public interest considerations for
a large and expanding city.
326 Ibid.
327 See “The Al-Fathmal Committee Approves the Deposit of the 1077 Structural Map,” Umm el-Fahm
Municipality website, available at: http://www.umelfahem.org/inner.asp?root=105&RecordID=4138
[accessed 28 February 2020].
328 Planners for Planning Rights and The Arab Center for Alternative Planning, “Outline Planning for Arab
Localities in Israel: Summary,” (BIMKOM and ACAP, 2012), available at: http://bimkom.org/eng/wpcontent/uploads/Outline-Planning-for-Arab-Localities-in-Israel-English2.pdf
329 OECD, supra 282, 132.
330 Id. 28-29.
83
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