PLANNING
The integration of environmental considerations in land-use
planning decisions has been a major focus of environmental policy
in Israel since the early 1970s. From the start, environmental
policy was oriented toward prevention rather than treatment.
Environmental evaluation and assessment were introduced into
planning at the national, regional and local levels and a system of
environmental impact statements was established for checking the
environmental impacts of specific detailed plans and proposals.
Consequently, Israel has successfully implemented policies for
sustainable development within the planning process.
The Land-Use Planning System in Israel
The Planning and Building Law, 1965, serves as a foundation
for environmental protection in Israel. It is a comprehensive
statute with enabling regulations that monitors and regulates all
building and land-use designation in Israel, from power stations on
a national level, to residential renovation on a local level. The
law vests development rights in the State. Any landowner or
developer, public or private, must apply to the relevant planning
authority for a building permit, and no building or land-use may be
permitted which is not in accordance with a statutorily approved
plan. The law establishes a hierarchy of plans and planning
authorities at national, regional and local levels, responsible for
land-use zoning and environmental management.
- The National Level
At the top level of national planning is the National Planning
and Building Board (the National Board), chaired by the
director-general of the Ministry of the Interior, and composed of
representatives of national government (including the Ministry of
the Environment), local government, and public and professional
organizations (including the Nature Reserves Authority and the
Society for the Protection of Nature in Israel). The Board advises
the government on general policy in implementing the law, including
matters of legislation and enforcement; it is therefore responsible
for environmental policy matters as they relate to planning and
building.
The national level of the hierarchy also includes two
additional statutory committees: the Agricultural Lands Committee,
responsible for protecting lands of agricultural value and
minimizing the loss of agricultural land to building, and the
Territorial Waters Committee (in which the Ministry of the
Environment is a member), responsible for approval of offshore
structures and for coastal management.
One of the primary responsibilities of the National Planning
and Building Board is to enact national outline schemes
sectorial masterplans which lay down the planning structure for the
entire area of the country. Initially, the outline schemes are
commissioned by the National Board; upon completion they are
submitted to the government for approval. Once approved and
announced in the official gazette, they have the status of legally
binding plans. Environmental aspects are integrated into all
relevant national schemes; in some cases they are the dominant
considerations.
National outline schemes fall into six different categories:
1. infrastructure plans which are of national significance, such
as plans for power stations, ports and airports;
2. infrastructure plans which are to be integrated within the
framework of a national network, such as plans for roads,
railways, and transmission lines;
3. plans which define criteria and designate sites for the
provision of essential goods and services, such as plans for
quarries and building materials, waste disposal sites, water
catchment basins and aquifer recharge areas, cemeteries, and
prisons;
4. plans which set standards and guidelines which are then to be
interpreted into sites in regional and local plans, such as
plans for population distribution, public institutions,
tourism and recreation, and gas stations;
5. plans which protect specific resources considered to be of
high value as part of the national natural and cultural
heritage, such as plans for nature reserves and national
parks, natural and manmade forests, and memorial and historic
sites;
6. plans for particularly sensitive or problematic areas
warranting special attention by the National Board, such as
plans for the Mediterranean coastal area, Sea of Galilee
shores, the Gulf of Eilat and Haifa Bay.
The most recently prepared masterplan - a scheme for immigrant
absorption - is noteworthy for its integration of substantial
environmental management and resource protection measures. It sets
a precedent for future plans by ensuring that the environmental
implications of planning proposals will be considered as an
integral part of the planning process.
National Outline Scheme for Immigrant Absorption: Recognition of
the need to coordinate planning efforts by all sectors of government in
order to absorb the hundreds of thousands of immigrants currently
pouring into Israel led the National Planning and Building Board to
commission a National Outline Scheme for Immigrant Absorption. The plan,
recently approved and presented for approval, is based on a forecast of
one million new immigrants by 1995. Environmental constraints constitute
the backbone of the scheme.
In the first phase of plan preparation, a map of environmental
constraints and restrictions was prepared. It included areas in
which building should not be permitted, namely areas of high
natural and landscape value designated for protection, and areas
exposed to environmental deterioration such as noise, air pollution
or risks from hazardous materials. The plan also designated areas
where development would be permitted provided measures are taken
to prevent environmental degradation, such as areas of high
sensitivity to water pollution.
In the second phase, the planners checked the requirements for
residential development and employment opportunities. They
concluded that most of the development in the initial years must
be directed to the central region where employment opportunities
are available, and only later would the emphasis shift to
development in peripheral areas, mostly Be'er Sheva and the
southern region.
The principles outlined in the third phase, and the planning
documents submitted at the fourth and final phase gave strong
emphasis to environmental management principles, including:
* development should be confined to existing urban settlements, using
existing infrastructures;
* rural development should be limited to minor expansion of existing
settlements, within an overall policy of open space protection of
rural agricultural landscapes;
* high quality areas of natural and landscape value should be
strictly protected;
* development should not be permitted in areas exposed to
environmental degradation;
* development must be accompanied by the adequate provision of
facilities for sewage treatment;
* development of industrial parks must include regulations to prevent
environmental pollution.
The National Outline Scheme for Immigrant Absorption is
accompanied by a non-statutory development plan designed to help
guide the investment decisions of the various sectorial ministries.
It includes requirements for sewage treatment facilities and for
solid waste disposal sites.
Other examples of national outline schemes in which
environmental considerations have played a major role are:
National Outline Scheme for Power Stations: This scheme deals with
the location and operation of power stations for electricity production
and supply throughout the country. Environmental considerations are
incorporated in the plan's regulations on siting, construction and
operation of the power plants. Considerations incorporated in the siting
process include, among others: carrying capacity of the coastal airshed
and the ability of the atmosphere to disperse pollutants emitted from
oil and coal-burning plants; impact on the coast of the water settlement
basin for the intake of seawater for cooling; impact on the coast of the
facilities needed for the intake of oil or coal supply; ecological and
hydrological impact of proposed water pump storage projects; landscape,
air pollution and noise impact of gas turbines.
Regulations on the operation of power plants specify the
ongoing measures necessary to ensure that environmental impacts
will be minimal. Such measures include: establishment of air
pollution monitoring stations around the power plant; setting
threshold levels for concentrations of pollutants and establishing
the measures to be taken if exceeded; establishing the authorities
responsible for inspection; monitoring the impact of the station
and of the construction of the settling basin on the sea and
coastline and establishing the measures to be taken if damage
occurs.
The plan for the Hadera coal-fired power station included the
first statutory example of "environmental compensation." It
linked the construction of the plant to establishment of a park
for Hadera residents as compensation for the siting of the power
station adjacent to the town. This principle was followed with
the next power station site at Ashkelon, where the town was
compensated by funds for a marina project, to ensure that its
tourist industry would not be damaged by the construction of the
power station.
National Outline Scheme for Airports: All plans for airports,
including the Ben Gurion International Airport, include measures for
noise abatement. Flight paths are determined not only by aircraft and
safety requirements but also by alignments designed to reduce the number
of residential units exposed to high noise levels. In a hot climate,
acoustic treatment requiring double glazing is not appropriate, so every
effort is made to reduce dwellings exposed to aircraft noise by choosing
flight paths, regulating aircraft movements and preventing disturbance
by night flights.
The national plan for airports includes not only regulations
on the construction and operation of the airport but also imposes
restrictions on building in areas exposed to high noise levels.
Wherever possible, no residential or noise-sensitive uses are
permitted in areas exposed to a noise level above 65 LDN. Acoustic
measures are required on new dwellings in areas exposed to noise
levels just below 65 LDN.
The plan includes ongoing monitoring and enforcement
procedures and establishes the authorities responsible for
implementation.
National Outline Scheme for the Mediterranean Coast: In 1970, the
National Planning and Building Board recognized that Israel's coastlines
should be treated as resources of national value, and issued an order
for the preparation of national plans for all its sea and lake shores:
the Mediterranean Sea, the Red Sea (Gulf of Eilat), the Sea of Galilee
and the Dead Sea.
The first stage of the National Outline Scheme for the
Mediterranean Coast was approved in 1983. The main objectives of
the plan were to prevent development which had no connection to
the coast, to protect large sections of the coastline as nature
reserves, national parks and coastal reserves, and to allocate
coastal areas for tourism and recreation activities. The
masterplan included a highly effective clause prohibiting
development within 100 meters of the coastline. Relaxation of
this regulation is occasionally permitted only if approved by the
National Board.
To help provide a comprehensive long-term guide to planning
policy, beyond the general guidelines in the approved masterplan,
the National Board commissioned a more detailed document for the
resource management of the Mediterranean coastline for tourist and
recreation activities. This resource management plan, prepared by
the Ministry of the Environment, was recently submitted for
approval to the National Board.
The plan is based on principles of suitability and sensitivity
of coastal resources. The dominant principle adopted for resource
management of the coast was the definition of intensity of
development. A natural undeveloped bathing beach offers a totally
different experience from an urban beach with multiple visitor
facilities. Similarly, overnight accommodation at a village
camping site is a different experience from accommodation at a
central urban hotel. Five levels of development were therefore
defined for beaches and their immediate hinterland, four levels of
intensity of accommodation, and three levels of development of
hinterland day-visitor areas.
Each site designated for tourist and recreation use was
allocated a level of intensity of development, initially proposed
by the planners on the basis of surveys, geological and ecological
guidelines, and local site conditions. Alternative proposals were
checked to determine whether the level of development proposed
would damage sensitive resources on or near the site. Where a
conflict was identified, the level of intensity was reduced, the
boundaries of the development area changed, or the site cancelled
and an alternative selected.
The overall national policies proposed for resource management
of the coast include:
* Development which is not for recreation or tourism should not be
permitted along the coast and its immediate hinterland;
* Policies for resource protection should range from absolute
protection within a designated reserve to the identification of
sensitive resources to be considered within the detailed plan for
site development;
* Highly intensive uses should be confined to existing urban centers;
* Offshore construction for recreation and water sport activities
should be restricted to urban centers;
* A public footpath should be designated along the coastline to
ensure public access by foot to and along the coastline.
- The District and Local Levels
The regional level of the planning hierarchy is the
responsibility of six District Planning and Building Commissions.
The Commissions are composed of regional representatives of
government ministries, including representatives of the Minister
of the Environment, and representatives of local authorities
within the district. The chairpersons are the district
commissioners of the regional offices of the Ministry of the
Interior.
District Commissions serve as links between national planning
and local implementation. All national outline schemes must be
referred to the regional level for comment, and any proposal at
the local level which does not conform to an approved plan must be
passed from the Local to the District Commission for approval. The
six districts have comprehensive regional plans (district outline
schemes) either approved or in preparation. The objectives of
these schemes are to determine the details necessary for the
implementation of the national outline scheme in each district,
and to identify any matter of general importance to the district
(e.g. waste disposal sites, open spaces designated for
protection).
Represenatives of the Minister of the Environment permanently
participate in all sessions of the District Commissions and at
times in sessions of the sub-committees as well. These
representatives present environmental opinions to the committees,
discuss objections on environmental grounds during the approval
process for plans, identify plans and projects which require the
preparation of environmental impact statements, and follow-up on
the fulfillment of instructions incorporated into the regulations
of the plan. Their work enables the integration of environmental
considerations into the everyday decisions of the District
Commissions.
The Local Commissions prepare detailed outline schemes for
their areas, showing planned land-use allocation, and submit them
for approval to the District Commissions. The objectives of the
local schemes are to control development of land in the local area
in order to ensure appropriate levels of health, safety, security
and convenience, to abate nuisances, to protect historical
buildings, and to enhance natural resources. In carrying out
these goals, the Local Commission may enact specific regulations
regarding the conditions for use of land and buildings in the
local area (e.g., building density, setbacks, roads, etc.).
The law ensures adherence to the schemes through licensing.
No work related to roads or buildings that is externally visible
can be initiated without a building permit. The Local Commissions
are responsible for decisions on applications for development, for
issuing building permits, and for taking action against illegal
building.
The preparation, alteration or approval of a scheme require
a notice in the official gazette, and notification of the public
in the neighborhoods affected through local newspapers. Along with
provisions for public notice, the law delineates procedures for
hearing public objections to schemes, and includes provisions for
appeal.
Most of the ongoing day to day integration of environmental
considerations in the planning process is achieved by the
participation of environmental planners at the national and
district level planning authorities, and increasingly at the local
level too. In large measure, due to their advice, outline schemes
at the national, district and local levels now incorporate
resource evaluation, technologically feasible alternatives and
impact analysis.
Environmental Impact Statements (EISs)
One of the most important tools in the land-use planning
process is the EIS. EISs have been used in Israel from the
mid-1970s; regulations governing the requirements of EISs were
promulgated under the authority of the Planning and Building Law in
1982.
Under these regulations, an EIS is defined as "a document
reviewing the connection between a proposed plan and the
environment in which it is to be implemented, including estimates
of the expected or foreseen effects of the plan on this
environment, and an itemized list of the measures needed to
prevent detrimental effects."
The regulations specify in which cases an EIS is mandatory and
in which cases it is optional, upon request by the planning
agencies. An EIS is obligatory for four kinds of projects: power
stations, airports, ports, and hazardous waste disposal sites.
The regulations strongly urge the preparation of an EIS for landing
strips, marinas, main water carriers, dams and reservoirs, sewage
treatment plants, quarries and waste disposal sites if the
planning authority considers that significant environmental
impacts may occur beyond the immediate vicinity of the project.
In fact, the regional planning authorities regard this
recommendation as mandating an EIS, since all such projects must
have significant impact beyond the immediate vicinity. The
regulations also require an EIS if a proposed industrial plant is
situated outside a designated industrial area and its location,
scale or operation may generate adverse impacts beyond the
immediate vicinity. While EISs for major urban and interurban
roads are not included in the statutory list, planning authorities
nevertheless require the preparation of EISs for these projects.
In fact, roads and associated facilities form the largest group of
EISs required.
In addition, any planning authority (national, district or
local) may require an EIS on any plan expected to have
environmental implications, and every ministerial representative
on the national or district planning levels may require an EIS for
any plan under discussion. Since the Ministry of the Environment
is represented on the national and regional planning authorities,
it can exercise its right to require an EIS if the authorities
themselves do not do so.
Because EISs are prepared during the initial designation of an
area for industrial purposes, they usually do not cover specific
industries within such areas. Several local planning authorities
do require non-statutory EISs when they suspect that an industrial
proposal may have adverse environmental impact, but the failure of
national regulations to require EISs for building permits for
industrial plants should be remedied. In the meantime, the
framework for environmental assessment of specific industries is
the Licensing of Businesses Law, which allows for special
limitations, including environmental ones, to be incorporated into
business licenses.
As of the end of 1991, 161 EISs had been commissioned: 27 for
roads, parking centers and associated facilities; 23 for waste
disposal sites or waste transfer stations; 18 for industries; 17
for quarries; 14 for power stations; 11 for ports or marinas; and
the remaining 51 distributed among railway lines, water works,
residential and commercial projects, tourist and recreation
facilities, public institutions, marine facilities, and wastewater
treatment plants (Figure 30).
The regulations specify that EISs be prepared in accordance
with guidelines, formally issued by the planning authority but
prepared by the Ministry of the Environment. The ministry invests
special efforts in the preparation of appropriate plan-specific
guidelines to ensure that the EIS, when submitted, will be a useful
tool to decision-makers. Experience over the past few years shows
that specifically-tailored guidelines produce useful EIS documents,
which are not hampered by generalized, irrelevant data.
An EIS includes five sections as follows:
1. A description of the environment to which the plan relates, before
its implementation;
2. Specification of the reasons for preference of the proposed siting
of the plan and activities resulting from its implementation.
3. A description of the activities resulting from implementation of
the given plan.
4. Specification and assessment of the projected environmental impact
resulting from the implementation of the plan.
5. EIS findings and proposed conditions to be included in the plan.
The developer is responsible for preparation of the EIS in
accordance with the guidelines prepared by the Ministry of the
Environment. While the regulations do not specify how an EIS
should be reviewed, the Ministry of the Environment has examined
all EISs since 1987. Experts at the ministry evaluate each EIS and
issue an opinion which includes a summary of the main findings of
the EIS, the ministry's conclusions about the assessment, and a
list of recommendations for the planning authority. In almost
every case, the planning authority welcomes the professional
advice it receives from the Ministry of the Environment and
incorporates all of its recommendations in its decision concerning
the plan.
The EIS has proved to be a highly effective tool for a very
limited number of complicated cases where severe environmental
impacts are anticipated, and where the plan is sufficiently
detailed for the impacts to be identified and forecasted.
National and regional planning authorities now rely on it as the
correct framework for checking such cases, and the public uses it
as a basic document upon which to base objections.
It is, however, a limited tool in terms of the land-use
planning process, since only 1-2% of plans with environmental
implications require EISs. The EIS is not an appropriate tool
for checking multiple small plans, each with some degree of
environmental impact, which together may result in significant
cumulative impact. For smaller-scale proposals, representatives of
the Ministry of the Environment evaluate accumulated effects and
make recommendations to the planning authorities; in most cases,
their advice is accepted and incorporated into the planning
decision.
Geographical Information Systems
The development of Geographical Information Systems (GIS) in
recent years has led to important breakthroughs in the
organization and analysis of geographic data for environmental
purposes. A GIS is a computer mapping/database system which
enables the user to present physical, statistical or thematic data
in their geographical context. Cartography comes into play in
environmental planning primarily as an overylay technique in which
data sets, such as areas exposed to environmental nuisances or
areas of natural and landscape value, are mapped. Automated
cartograpy is used in resource management to identify areas of
sensitivity and areas of conflict.
The Ministry of the Environment's Planning Division has been
using the GIS as a planning tool since 1988. To-date, three main
databases were developed.
The first GIS project undertaken by the ministry was the
Mediterranean coast database, which originally produced the maps
included in the National Outline Scheme for the Mediterranean
Coast. In the plan, the coastal area is divided into 18
designated sections/maps, each of which includes the following
layers of information: designated land-use features; areas with
archeological, vegetation, and natural landscape sites; and
communication lines (i.e. roads, railroads). The Mediterranean
coast database is now being expanded to include information on
monitoring sites and beach access for use by the Marine and
Coastal Environment Division of the Ministry of the Environment.
The second database covers the area of the country north of
Ashkelon and will in the future be expanded to include the Negev
as well. It includes information, based on national outline
schemes, on areas exposed to airport noise, quarries, roads, and
solid waste sites as well as areas of aquifer sensitivity.
Recently, this information was combined, analyzed and displayed in
map form for use in the National Outline Scheme for Immigrant
Absorption. Sites designated for residential building and
industrial development were checked with the database to identify
areas which may be subject to nuisances.
The third database deals with open spaces. It includes the
boundaries of the national parks, nature reserves and landscape
reserves designated in the national and regional masterplans; areas
of special landscape value which were identified in a survey of
open space landscapes conducted by Israel's nature and
environmental protection bodies; and areas proposed for
afforestation in the National Outline Scheme for Forests and
Afforestation. This database, which covers the area north of
Ashkelon, will provide a basis for open space policy and decision
making.