Israel Union for Environmental Defense v. Local Planning Commission of Shomron
Israel Supreme Court
Civ. App. 8116/99, 58(5) PD 196 (2001)
- Written by Whitney Waldenberg, JD
Facts
Israel’s National Plan on Building imposed certain construction limits in rural areas so that the structures built would not interfere with the natural character of the area. There was an exception for tourist areas, in which a regional planning commission could authorize construction that exceeded such limits, as long as the commission provided the written reasons for doing so and also obtained the approval of the National Planning Council. The Local Planning Commission of Shomron (the local planning commission) (defendant) approved a plan to construct a large service facility, including a gas station, stores, a car wash, a tire-repair facility, and a restaurant in a rural area, but it did not seek or obtain approval from the National Planning Council. The service facility would have a positive impact on the local region’s economy. The Israel Union for Environmental Defense filed a petition to declare that the approval of the project was invalid because the local planning commission had failed to seek and obtain approval from the National Planning Council. The local planning commission argued that the facility did not exceed the limits in the National Plan on Building and, therefore, the local planning commission was not required to seek approval from the National Planning Council.
Rule of Law
Issue
Holding and Reasoning (Englard, J.)
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