LEGAL MOHODS OF FURTHERING URBAN PRESERVATION MINISTRY OF SCIENCE Conference ol the International Legal CULTURE & SPORT Commmee Of ICOMOS, Papers submitted to the Israel conference, February 2001 ICOMOS• ISRAEL THE COUNCIL FOR THE PRESERVATION OF BUILDINGS AND HISTORIC SITES ISRAEL NATIONAL COMMISSION FOR UNESCO ISRAEL ANTIQUITIES AUTHORITY Israel -2002 3 - -- (. contents Introduction 7 Greeting Shlomo Hillel · President Council for the Preservation of Buildings 8 and Historic Sites Gavriel Kertesz· Chairman, ICOMOS Israel. 10 Daniel Bar Elli · Secretary General, Israel National Commission 11 for UNESCO. Giora Solar- ICOMOS. 12 Werner Von Trutzschler · Chairman of the ICOMOS Legal 13 Committee. Articls Changes in the Old Center of the City and their Influence on the 15 Cultural Built Heritage. lrit Amit - Israel. Israel, ICOMOS and the World Heritage Convention. 17 Giora Solar- Israel. Legal Forms of Financing Urban Preservation, the Israeli Situation. 19 Gideon Koren - Israel. Preservation of Historic Buildings in Jerusalem. 27 Amir Shoham - Israel. Planning Low · Preservation Provision Clear Advantages. 32 Nitza Smock - Israel. Compensation Issues in the Tel-Aviv Historic Preservation Ordinance 34 Zofia Santo - Israel. Legal Methods of Furthering Urban Preservation Examples from 41 the United States of America with Emphasis on State of Georgia. James K.Reap - U.S.A. Financing the Protection and Preservation of Cultural Goods in 58 Republic of Croatia. Jadran Antolovic - Croatia. Edited by: Hurni Novenstern and Adv. Gideon Koren Legal Forms of Financing Urban Preservation. 66 Production: Hurni Novcnstcrn Cover photograph: Zichron Yaacov by: Arch. Gavricl Kertes, Adam Arnoth - Hungary. lllustrations: "Tchclet": Shai Parkes, Urban Preservation · a Lesson from Japan. 68 Arch. Anatoly Brcgtnan, The Council for the Preservation Toshiyuki Kono - Japan. of Buildings and Historic Sites Legal Forms of Financing Urban Preservation in Mexico. 73 Translated from the Hebrew by: Esther Chipman-Fratne Roberto Nunez Arratia - Mexico. Legal Administrative and Financial Issues. 85 Anne Mie Draye - Belgium . .\ 4 5 I I Urban Preservation Ordinance of 4 March 1993 on the Conservation 89 of Architectural Heritage (Region of Bruxelles). Introduction Arlette Verkruyssen - Brussels Capital Region The Legal System for Urban Preservation in Sweden and its 95 Financial Implications. Thomas Adlercreutz - Sweden Legal and Political Instruments to Support the Protection and 104 This collection of articles summarizes the lectures presented at the Conference of the Maintenance of Cultural Monuments in Urban Areas. International Legal Committee of ICOMOS that took place in Israel in February 2001 Werner Von Trutzschler - Germany and provided a framework for the exchange of professional ideas between preservation experts from many countries. Methods of Financing Urban Preservation in Finland. 111 Satu - Kaarina Virtala - Finland The conference focused on legal methods of furthering urban conservation. The Methods of Financing Urban Preservation, a Case Study of Bulgaria. 115 representatives of the eleven foreign countries attending the Conference contributed Hristina Staneva - Bulgaria much to the Council for the Preservation of Buildings and Historic Sites, and to those A few Concluding Remarks. Gideon Koren - Israel 121 responsible for conservation in the local authorities, in understanding the tools and possible solutions for dealing with the preservation of the built heritage of the 19 th Attachments and 20 th centuries. The preservation of historical buildings and sites in Israel received greater impetus The Council for the Preservation of Buildings and Historic Sites. 125 with the founding of the Council for the Preservation of Buildings and Historic Sites, Israel's National Committee of ICOMOS 127 in the belief that preservation protect cultural values backed by planning approaches Israel National Commission for UNESCO 129 that are expected to afford solutions to the swift pace of development, to budgetary Israel Antiquities Authority 130 problems and a balance between preservation and development. Planning and Building Law (Amendment, no.31) (Site Preservation 132 The Council for the Preservation of Buildings and Historic Sites is pleased to be one Scheme) 1991. of the conference organizers and is grateful to each of the organizations who were party to its success - the Ministry of Science, Culture and Sport, Israel Commission for UNESCO, ICOMOS -Israel, the Antiquities Authority and the Society for the Preservation of Nature. We thank our' visitors from abroad and the Israeli participants who, together, contributed to an interesting and informative conference. Hurni Novenstern Yossi Feldman Conference Organizer Director General Council for the Preservation of Council for the Preservation Buildings and Historic Sites Buildings and Historic Sites 6 7 Dear friends It would appear nowadays that many understand that without preserving ihese foundation stones, it will be difficult to inslill new immigrants, tourists - Jewish and non-Jewish alike - and the younger generation born and bred in an independent Israel, Throughout the world, those dealing with the preservation of historic sites often ignorant of the struggles of the founding lathers, with an appreciation of the real encounter opposition and hostility, whether overt or covert, from interested parties, significance of realizing the Zionist dream, conquering the desert and the struggle for those involved in real estate, building contractors, owner and so on. They view the the establishment of the State of Israel. preservation plan as an infringement of their right to destroy the old building, ignoring its historic or aesthetic value, and instead construct a modern, multi-storied building The tens of sites saved and conserved by the Council for the Preservation of Buildings that will assure handsome profits, or so, at least, they believe. and Historic Sites tell their story to their visitors in a realistic way. But the path is still long to their development, to making them of interest to their visitors and to adding In Israel, in addition to this "universal" phenomenon, there are further important many more sites before they are destroyed, so that we may develop the country while elements that burden the effort to make the public, and the financial arms of the preserving its values and respecting the struggle of the first settlers and their heritage, government, aware of the importance and urgency of preserving buildings and sites thanks to whose valor and struggle the State of Israel was established. of historic value. In Israel preservation is in serious and continuous competition for its place and status in the public awareness. I welcome the participants to the annual conference of the International Legal Committee of ICOMOS that is meeting in Israel today and hope the discussions will be fruitful When the people of Israel began to return to their homeland, after 2000 years of exile, when many tried, and continue to try, to deny their right to Eretz Israel, the topic of and even provide us with suggestions for preserving these sites. archeological excavations became important and significant to the public conscience. Every shard of clay found from the period that the people of Israel lived in its own country, and the remains of every building from that period, especially if it was marked with the Jewish symbol or an inscription in Hebrew, made the people happy, and Shlomo Hillel justifiably so, and provided us with the feeling of security in the justification of our President, claim .. In contrast to these findings, it would seem that preservation of sites 100 years Council for the Preservation old, or less, pales in contrast. of Buildings and Historic Sites Even after the establishment of the State of Israel, during the first difficult years during the War of Independence and thereafter, when the waves of immigration, Holocaust refugees and immigrants from countries of the orient, flooded the country, it was, and still is, necessary to quickly find these immigrants a roof over their heads and public buildings for their use. It would seem, however, that the "stubbornness" over preserving these sites and buildings contradicts the need. for quick development and absorbing immigration. During the seventeen years of its activities, the Council for the Preservation of Buildings and Historic Sites has managed, despite these objective difficulties, to not only rescue and preserve tens of buildings and sites of great historic value, but, to a considerable extent, to inslill their importance in the public awareness. The urgency and the necessity for preserving these sites that tell the story of the establishment of the new Hebrew settlement in Eretz Israel, the struggles and the difficulties of the first settlers who came to revive the neglected, barren land - a land partly desert-like and partly swampy and malarial - and of the cruel and heroic struggle to come here (between the two world wars and particularly after World War II and the Holocaust) and establish the State of Israel, cannot be exaggerated. 8 9 Dear friends Colleagues and friends, The Israeli committee of ICOMOS welcomes the participants of the LAF & I Scientific On behalf of the Israel National Commission for Unesco, I welcome you to Israel to Committee Conference, both guests from abroad and local colleagues who have come the lowest sea level in the world - the Dead Sea. to this most outstanding location - the lowest place in the