Today the National Planning Council’s Subcommittee for Appeals published its decision in response to multiple objections against the District Planning and Building Committee’s approval of the Mount Scopus Slopes National Park plan, including those submitted by Ir Amim, the residents of the Khalt El-Ein neighborhood of A-Tur and the Committee of Khalt El-Ein and residents of A-Tur; Bimkom and residents of Issawiyya; the Arab Center for Alternative Planning; and individual residents of A-Tur and Issawiyya. While the subcommittee did not reject the plan, it accepted appellants’ objections to anticipated damage to the adjacent communities of A-Tur and Issawiyya, emphasizing the failure of the District Planning and Building Committee to consider the community development needs of the residents of the two neighborhoods adjacent to the park. It has now redirected discussion of the plan back to the District Planning and Building Committee, calling for a community needs assessment to be incorporated in its determination of the eventual borders of the national park.

The decision includes the following conclusions:

1. The plan for the Mount Scopus Slopes National Park is fit for approval, given the scenic value of the designated land.
2. With respect to the borders of the park, the Subcommittee for Appeals determines that the District Planning and Building Committee lacked sufficient data— including a community needs assessment and evaluation of available land reserves—on which to base its final approval. Such an assessment is now a prerequisite for determination of the park’s borders.
3. The Subcommittee emphasizes that the requirement of such an assessment does not indicate the certainty that the borders of the national park will be narrowed.

The Subcommittee's decision passed by a majority of 3 to 2, with the majority represented by the committee chair, a representative of the Ministry of Justice; and representatives from the Ministry of Interior and the Ministry of Environmental Protection. Minority members included a representative from the Ministry of Housing and Construction and the mayor of Dimona, serving as a representative of Israeli city councils.

The subcommittee states that “In the framework of this decision, we must seek a balance between development needs and the need to guard the values of nature". According to the majority, "We have been completely convinced of the need for a national park in this area" due to its scenic value; on the other hand, "the plan in front of us delimits the scope of development for the neighborhoods, and thus cannot be approved without a full examination of the breadth of its implications."

In summation, the Subcommittee on Appeals states: "As far as a factual examination of the needs has been made, comprehensive or, at least, preliminary and in principle, it has not been presented to us, neither in the written responses nor in the discussion itself. Even when we specifically inquired, we did not receive a response. An examination of the decision, the responses to the appeals and the arguments made in the discussion itself do not indicate the existence of programmatic examinations regarding the development needs of the neighborhoods, and an analysis of the ability to respond to these neighborhood needs without requiring the removal of lands from the national park in their favor…The mere existence of a policy regarding condensation of construction is not enough, and neither are vague statements about the scope of development reserves."

Background

Official approval of the Mount Scopus Slopes National Park plan was published on November 27, 2013, just two weeks after a District Planning and Building Committee hearing (November 14) that clearly evidenced the government’s instruction to rush approval as a challenge to Minister of Environmental Protection Amir Peretz’ freeze of the plan. The decision was announced as part of a spate of building and construction developments occurring in the wake of one of the prisoner releases conducted within the framework of negotiations.

The appeal submitted to the National Planning Council by Ir Amim and residents of A-Tur was based on claims of mismanagement of the District Committee’s hearing of objections. The public portion of the meeting was held over a period of nine hours (as opposed to the allotted three), thereby eliminating objections from those unable to remain until conclusion of discussion. The time interval between announcement and date of the hearing was shorter than the minimum specified by law, the venue was insufficient to accommodating all residents of the impacted neighborhoods and security personnel were observed attempting to limit the entrance of Palestinian residents.

Minister of Environmental Affairs Amir Peretz, in charge of the Israel Nature and Parks Authority (INPA), reiterated his objection to the plan in the several weeks leading up to the approval, after freezing it in late September. At the November 14 District Committee meeting, the INPA representative stated that the body did not support the plan's approval and recommended canceling discussion. Despite the INPA having originally submitted the plan to the Committee and maintaining authority over national parks, the Committee ignored the announcement and proceeded to hold its 9-hour marathon session. Within less than two hours of deliberation, the spokesman for the Interior Ministry announced the District Committee's approval of the plan, signaling a dramatic push in Israeli efforts to solidify control of the Ma'ale Adumim/E-1 land mass and consequently undercut the possibility of a viable Palestinian state.

Several weeks prior to the District Committee’s hearing, and immediately following the release of 26 Palestinian prisoners, the Prime Minister's Office briefed reporters that along with the Ministry of Interior it would advance the national park plan, together with plans in Ramat Shlomo and the Kedem Compound in Silwan. The results of the Committee’s discussion—particularly given the stated position of the INPA—strongly indicates that the Committee chair received government instruction to approve the plan.

Please direct all inquiries to:

Betty Herschman
Director of International Relations & Advocacy
Ir Amim (“City of Nations”)
27 King George St. POB 2239
Jerusalem, Israel 94581
Work: 972-2-6222-858 x106
Cell: 054-308-5096
betty@ir-amim.org.il
www.ir-amim.org.il