PROTECTING TOURISM AREAS AGAINST NON-TOURISTIC USE
Dov Kolani, Advocate. e-mail:
dokol@012.net.il
Countries whose economy benefits from tourism income but which possess
limited natural tourism resources, sometimes assign - by law - certain attractive land areas
exclusively for vacation, leisure and touristic uses. For instance: coastal
land near the sea or lakes, national parks, exceptional landscapes, etc.
But these places also attract entrepreneurs who wish to construct
projects that will carry higher and quicker profits for them, such as exclusive
housing projects, which have nothing to do with tourism proper and in fact
might hinder its development.
In Israel, a number of cases dealing with those issues have recently
come before the courts.
In the framework of the Planning and Building Law of 1965, National
Master Plans for Beaches and for Tourism Development have been prepared and
given legal effect. The Master Plans,
together with more detailed plans prepared by District and Local Building and Planning
Commissions, outlined designated areas in the country where only
tourism-related and vacation projects should be permitted,
However, in some cases entrepreneurs tried to circumvent the
restrictions and constructed so-called "apartment hotels" which did
not function as regular hotels, or they even simply built luxury homes. Thus,
they appropriated precious land and
national natural resources that were to be enjoyed by the public at
large, both by locals and foreign visitors.
In the above cases the courts examined both the physical aspects of the
projects in question and the terms of their use, in order to determine whether
or not they conform with the characteristics of
tourism, leisure and vacation
projects allowed in their specific
locations. The rulings of the courts will be analyzed and discussed in
the paper.
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