Physical planning system and the conservation of historic cities: The old town of Gaza, Palestine

by

Dr. Abdel Rahman Mahrok

Department of architecture, Islamic University- Gaza Palestine

Abstract:
The conservation of historic cities constitutes a very important doctrine of the theoretical framework of the physical planning system. Historic cities are a fundamental part of the learning process which affects thinking and decision making about continuity and change in the built environment. The conservation of historic cities is not merely about maintaining beautiful traditional buildings . It is a socio-cultural process which should save the historical background necessary for directing the future change in the built environment. This is the responsibility of the planning system which should acknowledge this important dogma within both its theoretical frameworks and procedural settings. The physical planning system is composed from institutional arrangements and their instrumental representations which are expected to introduce powers and tools for the conservation of historic cities. The examination of these institutions and tools provides important insights into the actual relationship between physical planning system and the conservation of historic cities. This insight should help the development of a physical planning system which is more sensitive towards historic cities. This paper examines these institutions and tools within the contemporary physical planning system in Palestine and their effects on the old town of Gaza. The old town of Gaza has been chosen for its very special circumstances. Not only Gaza has always been one of the important cities of Palestine, but also its built environment has until the beginning of this century been very distinguished. Yet unfortunately, it can these days hardly be recognized. Its wall, traditional stone houses and most of its historic buildings had totally disappeared. Although the political and economic situation in Palestine and Gaza has not been promising since the late Ottoman period, the physical planning system could establish the suitable mechanisms for the conservation of historic buildings in the city. With the emerging new situation in Palestine and the steady steps towards building better institutions and systems, there is a desperate need to build better physical planning system for better control over the heritage of the country. There is also a special need to direct efforts and interest to conserving what remains in the old town of Gaza.

1. Framework of the study: Ratcliffe (1974) defines physical planning as the artfully and scientific way of directing land uses, building settings, and communication routes in order to attain satisfactory levels of economy, convenience and beauty [1]. On the other hand, Hall (1975) defines physical planning as that kind of planning which aims at developing, managing, and controlling the spatial structures of human activities [2]. Alternatively, Glasson (1978/b) defines the physical planning as the planning of the physical structures of land use, communications, and utilities, and it has been originated in the control and regulation of town development [3]. Therefore, planning is primarily a way of thinking about problems of the built environment and it is oriented predominantly towards the future. It is deeply concerned with the relationship between goals of society and its collective decisions and it strives for

comprehensiveness [3].Yet thinking about goals and future growth is learning [4]. Learning according to Gold (1980) is a cognitive process that depends upon socio-cultural settings, decision making and personality [5]. On the other hand, the cognetive processes produce images and spatial schemata as cognitive representations. These representations form the cognitive space which represents individuals images (or subjective space) of their physical environment. These images afterwards affect the way in which society adapts its actual physical environment (or the objective space). Every adaptation in the physical environment will provide new cognitive images and generate new ideas for adapting the physical environment (figure 1). Within this cyclical process, a strong relationship is formalized between existing and future settings of the built environment. This process therefore builds a formidable theoretical framework of continuity and change in the relationship between physical planning system and human settlements. The conservation of historic cities constitutes a very important doctrine of this framework. Historic cities are a fundamental part of the learning process which affects thinking and decision making about future of the built environment. It should therefore be addressed that conservation of historic cities is not merely about beautiful traditional buildings and tourism. It is a socio-cultural process which can save the objective space necessary for enhancing the subjective space with continuous spatial schemata. Preserving these schemata as the basis for change would therefore preserve continuity in the built environment. This is the responsibility of the planning system which should acknowledge this important dogma within both its theoretical frameworks and procedural settings. Lynch (1984/b) argues that the planning institution affects the physical spatial structure of the settlement through its policies and instruments [6]. The main factor affecting these policies and instruments is the value system of the planning institution in particular and the whole settlement in general. While Healey et al. (1988) suggest that the approach for understanding the physical planning system and its processes is to understand the different priorities, values and interests working within it [7]. Such an approach provides the basis for investigating the planning policies and their processes, as a step towards building a theory of planning which is still missing [7]. Looking at the procedural settings of the physical planning system, it is claimed that the physical planing system is thecollectionofinstitutionalarrangements,powersand resourceswhichconstituteanexplicitprogramforthemanagementoflanduseand environmentalchange[7,p.3).

Therefore, it would be possible to suggest that the physical planning system is the institutional arrangements and their instrumental representations which constitute a program for controlling the built environment and directing its change towards the future goals of society. The physical planning system is therefore composed from two main components: institutional arrangements and instrumental representations. These institutional arrangements and instrumental representations are expected according to the above theoretical framework to introduce powers and tools for the conservation of historic cities. This paper examines these powers and tools of the physical planning system in Palestine and their effects on the kernel of the old town of Gaza within the boundary of its faded wall (figure 2). The study briefly deals with the evolution of the physical planning system in Palestine since the late Ottoman period up to recent days in order to provide a solid background for the investigation.

2. Physical planning system in Palestine since the late Ottoman period and the conservation of the old town of Gaza: Goadby and Doukhan (1935) claim that town planning law did not exist in Palestine before 1921 although they agree that town planning in one way or another did exist in the country [8]. Administrative and judicial institutions and the political elite were the main parties which affected the built environment in Ottoman Palestine. Public buildings and projects were decided upon by the administrative and political elite. Judicial institutions mainly controlled change in residential and private development through the implementation of Islamic rules applied to the built environment. In the 19th century Gaza had more than 20 administrative institutions none of them was directly responsible for the built environment except the municipality [9, p. 199]. The municipality of Gaza was established in 1893 without sufficient budget or proper authorities. Its role was mainly restricted to provide and manage some municipal services [9, p. 255]. By the end of the Ottoman role, all the buildings of the old town of Gaza were constructed from sandstone with beautiful traditional styles [10, p. 440]. It had more than 1300 houses, 40 mosques, 3 churches and many other facilities. Mosques of the old town represented 67.3% of the total number of mosques in the whole city. Yet unfortunately, around 20 of these mosques had disappeared [10, p. 436]. The first dramatic change affected the old town of Gaza came in 1909 when the Ottomans opened Jamal Basha Street (was renamed Omar Almukhtar street in 1928, figures 3, 4). Many buildings including houses, a

mosque, a cemetery and two khans were demolished without any consideration to their historical value nor even compensating the owners [10, p. 444]. Afterwards, the effects of the First World War on the old town were devastating. Many buildings including distinguished historical mosques like the Great Omary Mosque were badly damaged or destroyed [11, p. 4] (figure, 5). Not only the old town lacked any institutionalized system to rebuild the destruction, but also the war left no resources available for such purpose. As early as January 14th, 1921 (less than half a year after the beginning of the British Mandate administration in Palestine), the first Town Planning Ordinance was enacted [12]. Town Planning Ordinance , 1921 was ordained to secure the orderly planning of towns and to control the erection of buildings and the laying out of streets within certain areas [12]. Town Planning Ordinance, 1921 was also intended to maintain proper developments in the determined areas in order to provide for public health, neighborhood amenity and welfare of the community. In 1936, a new Town Planning Ordinance was enacted in order to amend and consolidate the previous system. The most important change which Town Planning Ordinance, 1936 made was the abolition of the Central Commission for Building and Town Planning. Instead, it established District Commissions for Building and Town Planning. The aim was to provide for decentralization in the control of the previous planning system [13]. In 1938, Gaza District Commission for Building and Town Planning declared a special declaration for buildings in the old town of Gaza [14]. The declaration was indeed the first and last declaration of its kind which attempted to save the character of the old town. It determined the maximum height of buildings in the old town and insisted that all new developments in the area should be constructed of stone. Metal sheets, asphalt roofs and hazardous industries were also prohibited. Despite the very little information about the actual implementation on the ground of such a declaration, it is evident that the old town of Gaza had by this time preserved some of its traditional character (figure 6). After the termination of the British Mandate in Palestine in 1948, Gaza Strip was ruled by the Egyptian administration. Town Planning Ordinance 1936 continued to be implemented without any changes despite the drastic changes in the political and geographical settings in the area. In 1957, a Central Commission for Building and Town Planning was reintroduced [15, article 3]. Not only nothing had been done for the conservation of the old town, but also many important historical buildings have been destroyed [16] (figure 7).

In 1967, the Israeli occupation inherited the Egyptian legacy in Gaza Strip. The existing planning system was preserved under the restrictive control of the Israeli Military Officer. Military authorities of the Israeli occupation were expected to provide nothing but destruction and dismay for the old town of Gaza. The catastrophic development of the old town in this period uprooted its traditional identity. Its traditional fabric was also damaged and severe urban problems were also created in the area (figure 8). After the withdraw of the Israeli army from Gaza in 1994, the Palestinian National Authority became responsible for the administration in the region. Town planning Ordinance, 1936 returned to be implemented without any significant change in its powers before 1967. In 21.8.95, the Chairman of the Palestinian National Authority declared the establishment of the High Planning Council according to the Jordanian law of planning cities, villages and buildings no. 79/1966 which is still implemented in the west bank of Palestine [17]. Afterwards, High Planning council began to control some planning issues in Gaza Strip but with no clear legal framework with the existence of town Planning Ordinance, 1936. In 1997, the Minister of Interior became responsible for regional planing and the declaration of town planning areas [18, articles 2,3].

2.1 Institutional arrangements of the contemporary physical planning system in Gaza Strip: The contemporary physical planning system in Gaza Strip has nowadays the following institutional arrangements: 2.1.1 Chairman of the Palestinian National Authority: The Chairman took over the position of the High Commissioner for Palestine in Town Planing Ordinance, 1936.
2.1.2

Minister of Interior:

Although law no. 1/1997 empowered the Minister of Interior to control some planning issues, his role is still very much in need for clarification and precise definition. 2.1.3High Planning council: The role of this council in Gaza Strip is still blurred with no clear legal and systematic relationship with Town Planing Ordinance, 1936. 2.1.4 The Central Commission for Building and Town Planning:

This commission is still at work according to the general framework which was set for it by the Egyptian order no. 52/1957. Yet it is very important to notice that despite the establishment of this commission Town Planing Ordinance, 1936 still at work in Gaza Strip without abolishing the institution of the District Commission for Building and Town Planning [15, article 4]. 2.1.5 The Local Commission for Building and Town Planning: It is the only institution which remained unchanged since the enacting of Town Planning Ordinance, 1921. It is therefore obvious that no special institution was established for the conservation of historic cities. Not only this negligence is not justified, but also it reflects the level of unawareness towards this important issue. 2.2 Instrumental representations of the contemporary physical planning system in Gaza Strip: The main planning law usually empowers planning institutions to prepare and regulate instrumental representations in order to aid the implementation of the required planning policies. The following section reviews the evolution of the main instrumental representations in Gaza Strip.

2.2.1 Regional Outline Town Planning Scheme: According to Coon (1991), regional planning was first recognized by the Mandatory physical planning system in 1941 when Regional Town Planning Areas were announced [19]. The Regional Town Planning Areas covered the whole country except municipal areas which were defined as Town Planning Areas. By 1946, several Regional Outline Town Planning Schemes were prepared and approved for most of the Palestinian districts. A Regional Outline Town Planning Scheme, R1/1945 was approved for Gaza Regional District (much larger than the recent region of Gaza Strip) in 1945. The scheme provide nothing for the conservation of historic cities except denoting that building permits should not violate laws of ancient antiquities [20, article 12]. In 1993, the Israeli authorities approved a Regional Outline Town Planning Scheme for Gaza Strip. This scheme also did not provide any serious interest in the conservation of historic buildings. A vague section pointed that historic areas should be dealt with according to Antiquities law no.51/1929 [21].

2.2.2 Town Planning Area: Town Planning Areas constituted frameworks within which the different planning policies could be implemented in order to control and direct the development in these areas. They also defined the boundaries within which Town Planning Schemes might be prepared. Town Planning Ordinance, 1936 indicated that one objective of declaring a Town Planning Area was to preserve its historical value and natural beauty [15, article 10]. During the British Mandate period, Gaza was declared a Town Planning Area like many other cities in Palestine [22]. It has afterwards been subjected to several enlargements during the Egyptian and Israeli roles. In recent days, Gaza Town Planning Area covers an area of 33 square km. It has never been insisted in any declaration of Gaza Town Planning Areas on the need to conserve the old town of Gaza or to declare it a special Town Planning Area.

2.2.3 Outline Town Planning Scheme: Outline Town Planning Schemes were ordained in Town Planning Amendment Ordinance, 1929. They should be prepared by the Local Commission upon the request of and during the time determined by the Central Commission. Provisions of the Outline Town Planning Scheme: The main provisions which the Outline Town Planning Scheme should consider include [15, article 12]: 1- The development of road, street, and communication systems. 2- The allotment of land for private or public projects, roads and open spaces. 3- Provisions for water supply and drainage. These provisions do not include any point for the conservation of historic buildings and sites. An Outline Town Planning Scheme was prepared for Gaza in the beginning of 1940s. In 1961, the Egyptian Administration approved an Outline Town Planning Scheme for the expansion of Gaza westwards. This scheme has nothing to deal with the old town of Gaza nor with the historic buildings in its area [23]. Gaza remained without any developments in its Outline Town Planning Schemes until 1992 when the Israeli authorities approved a new

scheme for the city (figure 9). This scheme also paid very little attention to the conservation of historical buildings which still surviving in the old town. [24] In 1998, the first Palestinian Outline Town Planning Scheme was approved for the city (figure 10). It was the first scheme which paid greater attention to the old town of Gaza. Yet unfortunately, although the plan of the scheme differentiated the old town from other parts of the city, the regulation did not treated it as a significant area which needs special consideration. The regulation only provided a list of some important buildings which should be conserved and denoted that no building permits would be granted for historic sites without the agreement of the ministry of antiquities [25].

2.2.4 Detailed Town Planning Scheme: According to town Planning Ordinance, 1936, the Local Commission could at any time (or upon the request of the District Commission) prepare a Detailed Town Planning Scheme for any land in its Town Planning Area. It could also adopt any Detailed Town Planning Scheme prepared by the owner or owners of this land. The Detailed Town Planning Scheme may include any of the previous provisions of the Outline Town Planning Scheme. It may also include any of the following provisions [15, article 14]: a- The demolition and rehabilitation of overcrowded and congested areas. b- The control over the design of buildings and the preservation of trees. c- The preservation of sites of historical values and natural beauty. The general framework of the Detailed Town Planning Scheme reflects the deep carelessness and dismissal towards the conservation of historic buildings at this important planning level. According to coon (1991), Detailed Town Planning Schemes and were mainly directed by the Mandatory planning authorities towards the benefits of Jewish settlements in Palestine[19]. Detailed planning in Palestine has always been neglected. Most of the Palestinian cities, towns and villages still develop without any detailed plans. Those cities which have been experiencing detailed planning only have separate and fragmented detailed plans with no overall comprehensive detailed policy. Although several Detailed Outline town Planning Schemes have been conducted for separate sites in Gaza, the old town still until recent days without any approved detailed plan.

This situation is very dangerous and threatens the very little remains of the old town in terms of its buildings or urban fabric.

Conclusion: Within the whole period considered and within the different physical planning systems examined, there have been grave uncertainty towards the conservation historic cities in Palestine. The old town of Gaza, a beautiful town built of stone with delicate traditional styles, has been losing its historic value through a prolonged period of oppression. Although other factors like public attitudes towards heritage and tradition might be blamed, the physical planning system holds much of the responsibility. Perceived as a learning process, the physical planning system is even responsible for changing public attitudes towards the built environment through its institutions and representations. Yet unfortunately, no special institution was established to care for the historic buildings in the old town of Gaza. Nor an effective law or regulation was declared for the conservation of the historic buildings in the town. Vagueness and uncertainty of Town Planning Ordinance, 1936 worsened the situation. The attitudes of planning institutions have also been implying negation. There is a disparate need for modernizing the whole physical planning system in the country. Harsh constrains confronting this goal and the a long period is needed for achieving it. The greatest responsibility therefore lies upon the existing planning institutions for directing greater attention towards the conservation of the Palestinian heritage. A special planning institution should be established for caring for the conservation of the old town of Gaza. Such an institution should be empowered with the suitable authorities for preparing and implementing the required conservation policies in the town. This governmental institution should also acknowledge the importance of conservationist non-governmental bodies which are still missing in the city. This also highlights the need for directing public awareness towards the dangers of damaging the historical heritage of the city. At the same time, it should be addressed that the support and cooperation of international parties for the fulfillment of such goals in invaluable. Figures: Figure (1): The relationship between learning process, cognitive space and planning. Source: [22, p. 41]. Figure (2): The old town of Gaza with its faded wall and gates.

10

Source: [26, p.96]. Figure (3): The old town of Gaza before the opening of Jamal Pasha (Omar Almukhtar) street. Source: [26, attached map]. Figure (4): The old town of Gaza after the opening of Jamal Pasha (Omar Almukhtar) street. Source: [27, plan no. 99-101-13]. Figure (5): Destruction in the old town of Gaza (Omar Almukhtar street) after World war One. Source: [9, p. 132]. Figure (6): Omar Almukhtar street and the old town of Gaza in 1945. Source: [28]. Figure (7): Khan azzait which was destroyed in 1960s. Source: [26, p.99]. Figure (8): Omar Almukhtar street and the old town of Gaza in 1998. Source: Author. Figure (9): Gaza Outline town Planning Scheme, 1991. Source: [29].

Figure (10): Gaza Outline town Planning Scheme, 1997 Source: [29].

References: [1] Ratcliffe, J. An introduction to town and country planning. London, Hutchinson, 1981/b. [2] Hall, P. Urban and regional planning. London, David & Charles, 1975. [3] Glasson, J. An introduction to regional planning. Oxford, Huchinson, 1978/b. [4] Faludi, A. Planning theory. Oxford, Pergamon Press, 1973. [5] Gold, J. R. An introduction to behavioural geography. Oxford, Oxford University Press, 1980.

11

[6] Lynch, Kevin. Good city form. Cambridge, Massachusetts, 1981, 1984/b. [7] Healey, Pasty et al. Land use planning and the mediation of urban change. Cambridge, Cambridge University Press, 1988. [8] Goadby, Frederic M & Daukhan, Moses J. The Land Law of Palestine. Tel-Aviv, Palestine, 1935 [9]ElAref,Aref.HistoryofGaza.Jaffa,1943(Arabic). [10] Al-Mubayid, S. A. Gaza and its strip. Cairo, Egyptian General Book Institute, 1987 (Arabic). [11] Detailed plan of the old town of Gaza. Detailed plan unit, Technical department, Municipality of Gaza, 1996. [12]TownPlanningOrdinance,1921.Gazette of the Government of Palestine, 1.2.1921. [13]TownPlanningOrdinance1936.Gazette of the Government of Palestine, 1936. [14] Regulation for buildings in the old town of Gaza. In Al-Hayek, A and Dahdouh, S eds. The collection of laws and regulations of Gaza municipality 5.6. 1967. Gaza, 1975 (Arabic). [15]Town Planning Ordinance, 1936 and its amendments. In Al-Hayek, A and Dahdouh, S eds., ibid. [16] Skaik, Ibrahim. Gaza through history. Vol. 9, Gaza, 1983 (Arabic). [17] Palestinian National Authority. The regulation of High Planning Council, 21.8.1995. [18] Law no.1/1997, the Official Gazette of Palestine no. 20, 1997. [19] Coon, A. Urban planning in the West Bank under military occupation. A pre-publication draft, Ramallah, Al-Haq, April 1991. [20] Regional Outline Town Planning Scheme for Gaza District. Gazette of the Government of Palestine, 6.12.1945. [21] Regional Outline Town Planning Scheme for Gaza Strip no. 1/1993. [22] Mahrok, Abdel Rahman. Physical planning system and physical spatial structure of the human settlement . Unpublished Ph.D. thesis , Glasgow University , Glasgow , 1995 . [23] Building regulation for the new city of Gaza. In Al-Hayek, A and Dahdouh, S eds. The collection of laws and regulatiions of Gaza municipality 5.6. 1967. Gaza, 1975 (Arabic). [24] Gaza Outline town Planning Scheme no. 1/1992, the regulation. [25] Gaza Outline town Planning Scheme, 1997, the regulation.

12

[26] Salha, Raed. The city of Gaza: a study in urban geography. Gaza, 1997 (Arabic). [27] Survey department, Gaza municipality. [28] Atfaluna association for the dumb, Gaza [29] Department of planning, ministry of local government, Gaza.

13