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URBAN LAND DEVELOPMENT POLICIES: The case of Saudi Arabia
Mohammed Saad Al-Yemeni Bach. Arch. M.U.R.P
This thesis submitted for the degree of Doctor Of Philosophy
in the Department of Urban and Regional Planning, University of Strathclyde
1986
I
ABSTRACT
The growth of population, the higher standard of living and all other
changes associated with economic growth have been generating
pressure on urban land, and consequently on urban land development
policies. Under the continuous pressure of urbanization and urban
growth, land policies have displayed several weaknesses. As a result
urban growth has not been directed in a manner consistant with
development goals, as been able to respond to social and cultural
needs.
The aim of this dissertation is to explain existing land policies,
identify the problems of urban land development, the weaknesses of
land policies and attempt to find appropriate solutions.
This thesis comprises ten chapters. The introductory chapter
presents the thesis. The second chapter looks into the phenomenon of
urbanization and its impact on urban land. The third chapter defines
land policies whilst the fourth discusses and presents the cultural
and environmental criteria by which land development and land
policies will be evaluated. Chapter five and six examining physical
planning policies in Saudi Arabia . Chapter seven evaluate land
development and deffine existing urban land problems,it contains
three case studies for the purpose of evaluation. Evaluation of land
policies against the generated problems of land development are
discussed in chapter eight. The ninth chapter presents the thesis
II
recommendations and the final chapter concludes the work and
presents some final remarks.
In brief, the study concludes that existing land policies are
Inadequate to meet the pressure of market forces and to facilitate
land improvement. Nevertheless, existing policies have failed to
produce an urban pattern compatable with cultural and environmental
conditions. These weaknesses Include:
* The failure to provide land for development and urbanisation
* The inadequacy of land use controls
* Deficient administrative system for development control
In order to overcome the above existing policies weaknesses, the
thesis recommended several changes:
- To the administration system at the local and regional levels;
- To legal and administrative procedure of development controls; and
- To the system for providing land for development and urbanization.
III
ACKNOWLEDGEMENTS
I would like to first thank Allah, for the guidance he has given me,
without which I could do nothing.
I would also like to express my sincere graditude to Dr. P. Green,
Mr. R. Boyle and Professor U. Wannop, without whose help this
thesis would not have been possible. My kind thanks to those who
helped in typing and editing the work.
I am eternally grateful to my father and my late mother who
through their love and guidance made my childhood happier and my
future brighter. My love and sincere thanks to my wife Alice for
her understanding and support during my graduate school years. My
love and thanks to my dear son Yusif, for giving me continuous
enjoyment and many laughs during difficult times, and my love to
my newborn daughter Norah.
I
Contents
Chapter One: INTRODUCTION
1.1 I ntroducti on 1
1.2 Defini ti ons 7
1.3 The Problem 9
1.4 Hypotheses and Assumption 13
1.5 Organization 18
Chapter Two: URBANIZATION AND URBAN LAND
2.1 Introduction 23
2.2 An Overview 23
2.3 The Oil Urbanization 27
2.4 The Demand for Urban Land 30
2.5 Impact of Urbanization on Land-Use 36
2.6 The Impact of Urbanization on Agricultural Land 40
2.7 Urbanization In Saudi Arabia 41
2.7.1 Source Of Growth 43
2.7.2 The Context of Urban Growth 47
2.7.3 Development Plan 47
2.7.4 Urban Development Pattern 50
2.7.5 The Problems of Urban Development 53
Chapter Three: LAND DEVELOPMENT ELEMENTS AND POLICIES
ISSUES
II
3.1 Introduction 61
3.2 Physical Environments 61
3.3 Land Ownership 62
3.3.1 Factors Influence the Concept of Land Ownership 63
3.3.2 Basic Proprietary Categories 65
3.3.3 The Impact of Ownership Patterns on Urban 67
Development
Urban Structure
Unearned Income
3.3.4 Public Ownership of Land 69
Expropriation for Public Purpose
Pre-emption Rights
Compensation
3.4 Land Values and Land Prices 72
3.4.1 Factor Influencing Land Proces 73
Urban Population Growth
Speculation
Land Use Differences
Public Improvement
Public Planning and Development Programmes
3.4.2 The Implication of the Cost of Urban Land 75
3.4.3 Social and Economic Land Values 76
3.5 Land-Use 77
3.5.1 Zoning 79
3.5.2 Subdivision Regulations 81
3.5.3 Building Regulations 83
3.5.4 Approval by Government Agencies 84
3.5.5 Land-Use Planning and Land-Use Plan 86
3.6 Fiscal Control 91
III
3.7 Polices Criteria 92
Chapter Four :THE CULTURE AND ENVIROMENTAL Criteria For
PHYSICAL DEVELOPMENT
4.1 Introduction 97
4. 2 "Islam A Way Of Life" 97
4.2.1 Islamic As A Parametor for Physical Behaviour 100
4.2.2 Methodology of Islamic Sharia 102
4.2.3 Sharia As Source Of Legislation 104
4.2.4 Islamic Sharia And Contomporary Issues Of 106
Land Policies
4.2.5 Public and Private Ownership Rights 107
4.2.6 Land Value and Land Prices 117
Unearned Income
Land Price Control
4.2.7 Urban Planning 120
4.2.8 Land-Use Control 122
4.2.9 Urban Form 124
4.3 Enviromental Criteria 132
4.3.1 Site Selection 132
4.3.2 Climate Considration 134
Climate Criteria
Chapter Five : URBAN LAND DEVELOPMENT RESPONSIBILITY
5.1 Introduction 143
IV
5.2 Background 144
5.3 The Planning Machinery 146
5.3.1 The National Level 146
5.3.2 The Local Level 149
Local Planning Machinery
Linkage Between Physical and Socio-Economic
Planning
5.4 Municipalities 151
5.4.1 Organization of Municipalities 152
5.5 Water and Sewage Departments 157
5.6 Nation And Regional Context For Physical Planning 158
5.6.1 Relationships Among National, Regional, and 161
Local Plans
5.7 Physical Planning 163
5.8 Conclusion 165
Chapter Six : LAND DEVELOPMENT POLICIES IN SAUDI
ARABIA
6.1 Introduction 172
6.2 Land Tenure 172
6.2.1 Process of Providing Land 177
6.2.2 The Direct Process 177
6.2.3 The Indirect Process 181
6.3 Legislation 184
6.3.1 Municipal and Village Laws 185
6.3.2 Physical Planning and Building Laws 186
6.3.3 Expropiation 186
V
6.3.4 Land Donations 190
6.3.5 Administration and Disposition of Municipal 190
Land
6.3.6 Land Registration 195
6.3.7 Illegal Occupancy of Land 196
6.3.8 Real Estate Development Fund 198
6.4 Land-Use Control (Zoning) 199
6.4.1 The Emergence of Zoning Regulations 200
6.4.2 The Villa, the Apartment Building, & the Grid 204
Pattern
6.5 Land Market 207
6.5.1 Actors in the Land Market 211
6.5.2 Land Price Evaluation and Its General Structure 215
6.5.3 Factors Determining Land Prices 220
6.5.4 Registration of Land and Real Estate 222
6.5.5 Land Market Activities 222
Chapter Seven: EVALUATION OF LAND DEVELOPMENT IN SAUDI
ARABIA
7.1 Introduction 232
7.2 The Case Study of Jeddah 233
7.2.1 Background 233
7.2.2 The Urban Structure of Jeddah 240
7.2.3 Urban Growth And Comprehensive Planning 247
7.2.4 The Master Plan of 1973 250
7.2.5 The Master Directive Plan 256
7.2.6 The Existing Conditions After the MDP 259
7.2.8 Evaluation and Conclusion 287
VI
7.3 Urban Growth And Conversion Of Agricultrual Land 294
7.3.1 Location and Physical Structure 294
7.3.2 Urban block 295
7.3.3 Constraints and Trends of Urban Growth 295
7.3.4 Existing Conditions of Agricultrual Land 296
7.3.5 Urban Growth and the Loss of Agricultural Land 298
7.3.6 Major Factors in the Loss of Agricultural Land 299
7.3.7 The Process of Conversion 299
7.4 Urban Sprawl And Government invesment 303
7.4.1 Yanbu Industrial City 303
7.4.2 Yanbu 308
7.4.3 Existing Conditions 310
7.4.4 Major Development Area In The Sub-Region 313
7.4.5 Development Trends 314
Chapter Eight : URBAN LAND DEVELOPMENT PROBLEMS IN THE
LIGHT OF EXISTING LAND POLICIES
8.1 Introduction 320
8.2 Urban Land Availability 321
8.2.1 Urban Sprawl 322
8.2.2 Land Policies And Supply 323
The Direct Process For Providing Land
The Indirect Process For Providing Land
8.2.3 Land Prices 330
8.3 Land- Use Policies 332
8.4.1 Incentives Policies 333
Land Acquisition
The Real Estate Development Fund
8.3.2 Restrictive Policies 337
VII
Urban Planning
8.3.3 Zoning Regulations 341
Sub-division Regulations
8.4 Inter-Governmental Co-ordination 352
8.5 Development Control System 361
Sub-division Approval
Issue Of Building Permits
Development Control System In Classes 8,C &D
Summary
8.6 The Sharia Views Pertaining To The Existing 367
Policies
8.6.1 Land Tenure 367
8.6.2 Land Price Control 370
8.6.3 Land-Use Control 371
8.6.4 Use Regulations 372
8.6.5 Density Regulation 374
8.6.6 Zoning And The Violation Of Privacy 375
8.6.7 Expropriation 378
8.6.8 Summary 381
Chapter Nine: RECOMMENDATION
9.1 Introduction 383
9.2 Cultural Cnsidration 384
9.2.1 Sharia Parameters For Legislation 385
9.2.2 Islam As A Parameter For Social Physical 386
Behaviour
9.3 Environmental Considerations 387
9.4 Land Availability For Urbanization 386
9.4.1 Public Ownership for Providing Land 389
9.4.2 Land Prices 397
9.5.3 Land -Use Control 398
9.5.1 Timing / Phasing Of Urban Development 399
9.5.2 Real Estate Development Loans 401
9.5.3 New Attempts To Control Land-Use 401
Through Exsiting Zoning
9•6 Administrative Struction 406
9.6.1 Requirement Of The Administrative Struction 407
9.6.2 Recommended Administrative Struction 408
9.7 Implemention Issues 425
9.8 Manpower Development 431
9•9 Summary 434
Chapter Ten : CONCLUSION
438
BIBLIOGRAPHY
445
APPENDIX A
458
APPENDIX B
466
APPENDIX C
480
APPENDIX D
492
APPENDIX E
495
XI
LIST OF FIGURES
Figure Page
2.1 Growth of Total World Population and Urban
Population 234
3.1 Techniques of Controlling Growth 814
4.1 Equality 1004
4.2 Privacy 1006
4.3 Unity 1024
4.4 The Mosque 1028
4.5 Problems associated with a site in a valley 1324
4.6 Dust Mit.
4.7 Reducing Solar Gain 1344
4.8 Reducing Solar Gain 1348
4.9 Compactness 1354
4.10 Orientation 1364
6.1 Land Market 2084
6.2 Land Prices 2164
6.3 Land Prices 1982 2194
7.1 National Setting 2334
7.2 City Growth 1840-1980 2344
7.3 Local Setting 2354
7.4 Direction of Growth 2414
7.5 Jeddeh Planning Areas 2418
7.6 Jeddah Master Plan 1973 2534
7.7 Population Growth 2538
XII
7.8 Major Non-Conformances with Master Plan 2544
7.9 Makkah Road Area 2614
7.10 Makkah Road Area 2618
7.11 Land Prices 1975, 1982 266A
7.12 Central Area 2684
7.13 Land Prices in the Central Area 2688
7.14 Medina Road Area 2714
7.15 The South Area 2754
7.16 The Northern Area 2794
7.17 Ownership Pattern 2804
7.18 The Conflict of Use - Apartment, Villa, Office 2824
7.19 Urban Growth and the Conversion of Agricultural
Land 2964
7.20 Land Prices in Medina 3024
7.21 Yanbu 3034
7.22 Yanbu and Jubail 3044
7.23 Yanbu Sub-Region 3144
7.24 Development Trends 3154
8.1 Land Prices and RDE 3314
8.2 Development Pattern by Level of Income 3394
8.3 Government Structure, Yanbu 3594
9.1 Problems, Policies and Weaknesses 3874
9.2 Policy Conflicts 3884
9.3 Policies of Land Availability: Problems and
Suggestions 392A
9.4 Land Use Policies: Weaknesses and Suggestions 4034
9.5 Administration Structure
412A
9.6 Subdivision Procedures
425A
9.7 Building Permit Procedure
4274
XIV
LIST OF TABLES
Table Page
2.1 Level of Urbanization Growth Rate 238
2.2 Population of Gulf States in Various Years 26A
2.3 Rate of Growth in the Gulf States 265
2.4 Distribution of Urban Population by size of Settlement 40A
2.5 Distribution of Total Population 42A
2.6 Population of Major Cities 43A
2.7 Distribution of Allocation for the Second Five-Year Plan 45A
7.1 Gross Domestic Product 248A
7.2 Jeddah Municipality Budget 2494
7.3 Makkah Road Area Existing Land-Use 262A
7.4 Makkah Road Distribution by External Condition 265A
7.5 Makkah Road Area Distribution of Dwelling by type 2656
7.6 Proposed and Existing Community Facilities in Makkah Road 265C
7.7 Proposed and Implemented Community Facilities 273A
7.8 Existing and Proposed Land Uses 273A
7.9 Land Use in Madina 285A
1
CHAPTER I : INTRODUCTION
1.1 INTRODUCTION
Increases in total population are being accompanied by a much greater
proportionate increase in urban population. In 1800, 2.4% of the
world population were classified as urban, in 1960, the number had
risen to 33%.1t is projected that by the year 2000, about 51% of the
human race will live in urban areas'. At the same time the space
needs of urban dwellers and the accepted standards of provision are
increasing for housing and related facilities as well as for industry.
As the world is becoming more and more urbanized, the magnitude and
physical scale of the urbanization process has clearly shown that
urban land is a scarce resource that must be carefully and wisely
allocated if the environment of man is to be improved.
As a result of these growing pressures on land, both within towns and
on their outskirts, and the urgent problems to which these are giving
rise, governments have been increasingly concerned with finding
means to satisfy demands on land and provide controls and measures
for its use in a way consistent with social, cultural, and economic
objectives. The extent to which governments have instituted
administrative and legislative measures for dealing with land
development problems varies from one country to another ,based on
2
Its level of urbanization, industralization, technology, and its
cultural, social; and economic system. Nevertheless, the problems
are becoming increasingly acute in virtually all developing countries,
and are becoming of increasing concern to their governments.
Thus, as the world has become more and more urbanized, the effective
control of urban land resources has become critical. The increasing
demand for urban land is not only attributed to increased urban
population but to changes in socio-economic levels, social and
cultural habits, transportation and communication systems, changes
in how people spend their ieasure time and the changing needs of
production processes.
The demand for urban land is growing, yet the supply is both
genuinely and artificially limited. This situation radically increases
land costs and • in turn, consumes scarce investment capital better
used elsewhere. It also distorts planned pattern of urban growth and
development. The cost of land influences the possibility of physical
development since it is the principal and,in some cases, the major
component of the total development costs. Thus, the extraordinary
charactor of land speculation results in an inflated cost of land which
often blocks development when it is most efficient and logical, and
contributes greatly to the chaotic pattern of urbanization and its
attendant loss of efficiency.
Since land is one of the fundamental elements in the development
process, then the question of ownership matters a great deal to such
3
a process. At the United Nations Congress on human settlement, part
of the conclusion was that land cannot be treated as an ordinary
asset, controlled by individuals and subject to the pressures and
Influences of the market2 . Private land ownership is also a principal
Instrument of accumulation and concentration of wealth and therefore
contributes to social injustice; if unchecked, it may become a major
obstacle in the planning and implementation of development schemes.
Social justice in urban renewal and development, the provision of
decent dwellings and healthy conditions for the people can not be
achieved if land is used in the interest of individuals alone.
Operating a modern industrial and commercial complex requires
installation of utilities, water supply, power, waste disposal, and
transportation systems for people as well as for goods... If this
infrastructure is to be provided economically and in an orderly
manner, as required by the nature of utilities systems, the
development pattern must be ordered. Unless activities are allocated
and grouped on the land rationally and with sufficient room for
expansion, the requisite utilities cannot be efficiently or
economically supplied. The same argument goes for institutional
development, as an urban society requires many social, cultural, and
governmental institutions. These range from schools to hospitals, to
public services, to recreation areas, to religious buildings...
While each society has its specific programmes and objectives for
those institutions, the institutions themselves must be accessible to
those they serve and their own personnel. If growth is a factor, they
4
must have opportunities to change and expand. If the disposition of
land is left entirely to market of competitive forces, these
institutions will be unable to compete for favourable locations and
will be relegated to unsuitable sites or to those which are prevented
from expanding. This will apply not only to institutional buildings but
also to housing, especially for the poorer of the society.
Normally as a result of the free market the poor and even sometime
the middle class are crowded Into existing slums , or relegated to
squatter housing at some distance from places of work and public
services. If a nation has resources to devote to social housing,
mechanisms must be at its disposal to direct, through purchases,
subsidy and incentives or other means, the location of that housing so
that is accessible to public and employment services and basic human
amenities. Under no control and no policies for the availability of
land for housing, its location and its cost will be increased.
Urbanization has been defined as physical , social , and technological
changes. Since most of our urban areas owe their strong sense of
identity to past periods, well before the advent of the motor car and
the modern office and residential block, there are mounting pressures
to adapt them to our contemporary requirements, which include the
need for more space, light and air, better sanitation and, above all,
the use of the motor car. As a result, old cores of cities are often
opened up by widening streets, pushing buildings upwards, clustering
office buildings and houses in a way that intensify traffic problems
while parked cars litter the urban space. Identity is the consistency
5
between the physical form - shape, location and space - and
topographical, climatological and cultural factors ; identity is also
the response of the physical structure to social habits. In this
context, four major forces are at work which have resulted in the
loss of identity in most new urban development and redevelopment:
the building programme, building technology, the impact of the motor
car and land cost. Thus, it is essential in an endeavour to retain and
enhance existing identity and foster the creation of a new one, for
cities to work out and apply overall policies for such vital aspects of
urban performance as building rights, locations of religious and
institutional buildings, landscapes, and new structures to
accommodate the motor car...
One area of the Middle East where especially striking changes have
occured is the Arabian Peninsula, especially Saudi Arabia, which
occupies about 900,000 square miles. Before the discovery of oil in
1938, Saudi Arabia's economy was pastoral and based on primary
economic activities. A large proportion of the population lived in
small towns and villages scattered throughout the Arabian Peninsula.
Agriculture and trade were the primary economic activities.
Following the discovery of oil, the country became one ot the fastest
growing nations in the world. With the increase in oil prices in late
1973, the flow of capital added further impetus to Saudi Arabia's
economic development and diversification. Thus, major urban growth
in Saudi Arabia is a recent phenomenon. In 1932, urban population
was estimated at 300,000 people and only Makkah had over 50,000
6
inhabitants. Since then, the situation has changed extremely rapidly.
The available data indicates that urban population (in settlements of
10,000 and more) increased from 980,694 in 1962/63 to 3,137,118 in
1974; while the total population increased by 104 percent, urban
population increased by 316 percent. During the same period the
growth of the five largest cities was phenomenal, particularly for
Riyadh and Jeddah. According to the census of 1974, 38 percent of the
total population was classified as urban . During the last decade
(1970-1980), significant changes in the distribution of the population
have occured . This change may suggest that over 50 percent of the
total population in 1980 was urban.
The development process has been proceeding rapidly increasing. For
example, the budget of the first development plan in Saudi Arabia
from 1970-1975 was $50 billion, whereas the budget for the second
development plan 1975-1980 was over $140 billion. The third one is
estimated to be $285 billion. One result of this frenetic pace of
development has been the transformation and expansion of urban
areas such as Riyadh, Jeddah, and Dammam almost beyond recognition.
Riyadh, the capital, is expanding in all directions. In addition to
becoming larger and more densely populated, it is experiencing a total
change in character. Eventually, the urban growth now centred here is
likely to spread through the country to all of its cities and towns,
thereby affecting the entire society.
The population of the city of Riyadh has increased twelvefold in less
than 50 years, while the total area expanded from 4,250 hectares in
7
1975 to 12,000 hectares at the present time. Comparable increases
have occured in all urban areas of Saudi Arabia. For example, up to
the end of the second world war, Jeddah was essentially a walled
city. With the growth of national oil revenues, the city witnessed a
remarkable period of expansion, growing from about 40,000
inhabitants in 1955, in an area of about 63 hectares, to a population
In 1971 of 381,000 covering an area of 4,750 hectares. The prer.ent
population of the city is now estimated to be about 1,037,000,
extending over an area of approximately 10,500 hectares. Such a
phenomenal growth rate has exerted extra pressure on urban land, its
availability, and the wag in which it has been utilized.
1.2 DEFINITIONS
Since urban land development policies are the focus of the thesis, it
is necessary at this stage to highlight the terminology in the context
of the study. The word development has, in the context of the study,
the meaning of changes or alterations in existing conditions. It can
also refer to new or anticipated events.
Often the use of the word development is conditioned by a special
evaluation through which we may perceive development as having
either positive or negative effects. In this study, development which
has both positive and negative effects is considered. Naturally,
however, the findings and later the recommendation deals only with
development which is considered as having overall benefits for
society.
8
If the word development is interpreted as referring to changes in
conditions, LAND DEVELOPMENT is concerned with changes in those
components of elements which are, in different respects, directly
associated with land. However, the focus of the study is concerned
with urban land in terms of urban vs rural. Urban land development is
part of the general development of a city. Consequently, we can
differentiate between various types of development, including land
development (physical), economic development, social development,
and cultural development. Of course, in practice there are no sharp
boundaries between the different kinds of development as, for
example, economic factors will obviously affect land, social, and
cultural development. Thus, any analysis or evaluation of each of
them should consider the interaction between all the components
within the overall development process.
The concept of policies, in the context of the study, is a list of
means ,measures ,and controls to achieve the policy objectives of a
plan (Plan: a set of specific actions to attain an abjective).
Therefore, policies refer to control measures which relate the goals
to a desired development, and the process by which the policies can
be formulated, enforced, and monitored.
Thus, since policies may be defined as a set of measures aiming to
achieve the goals formulated by public authorities, the goals and the
measures are influenced by the social and economic structure of the
country and by the level of development. Therefore, URBAN LAND
9
DEVELOPMENT POLICIES as implied in this study, are concerned with
general and detailed laws, decrees, statements, directives, measures,
and the administrative process by which they can be formulated and
enforced, to guide or steer the process of urban land development in
accordance with the goals which have been stated for such
development.
1.3 THE PROBLEM
As Saudi Arabia continues the rapid pace of urbanization, and since
urbanization is defined as concentrated population growth and social
and economic change which, in the case of Saudi Arabia, reflects the
desire to raise and improve the quality of environment and standards
of living, so the importance of urban land increases accordingly.
The growth of urban population, the rise of living standards and other
changes with which the urbanization process is associated, require
that the country attempts to provide public facilities, institutional
development, housing and urban renewal and rehabilitation
programmes, all within the context of cultural and social values.
Nevertheless, the fact of unbalanced growth, through which economic
and physical development creates congestion in the centre of the
cities and leads to an increase in population density in these parts,,
overloads public utilities and services. Urban sprawl results in
haphazard growth along traffic arteries and consequently an under
utilization of existing services and a lack of development coherence.
This is due to several reasons includings the types of building
10
constructed, the layout of streets, the witholding of land from the
market, speculative investment and various deficiencies in zoning and
by-laws and in their enforcement.
Thus, by the early 1970s, the Saudi government realized the need and
the necessity to plan ahead for urban growth and to formulate
policies to control the growth to provide sites suitable for urban
development, to reserve land resources for future public services and
to restore and improve the conditions of already developed areas,
keeping in mind Islamic cultural and social values .-ind the traditions
and teachings of the Sharia laws. Therefore, a Royal Decree was made
to up- grade the Department of Municipal Affairs te acl indersecidertt
Ministry called Ministry of Municipalities and Rural Affairs (MRA); a
series of Master Plans and Action Area Plans have also been drawn up
to coordinate and control growth of almost all urban areas in the
country.
However, by 1980, several technical reports reported either
Implementation failure in some of the Plans or, in some cases, beside
the failures of implementation there was also lack of understanding
of the country's cultural, social, and environmental needs. Technical
Report No. 8 for Al-Medina, 1980, argued that "according to the rapid
rise in land prices, land witholding for speculative purposes, the
scarcity of land to be readily available for construction are factors
which necessitate laying down a land policy"3. In 1979, Jeddah
Municipality asked a consultant to carry out a series of action plans
to formulate a practical set of land development policies, by which
11
the Municipality could organize control and regulate land development
in the city, sufficient to meet the requirements of the series of
Master Action Plans. This action was due to the failures of the
Implementation of the former Master Plan. The consultant recorded in
Report No. 4 that "the failure of imlpementation, may be generally
attributed to inadequate enforcement of available development
control regulations on the one hand, and to the lack of any other
effective mechanism for guiding land development on the other handm.
Whereas in Abha, Technical Report No. 8 argues that "in cases where
the rate of development is as rapid as it is in Saudi Arabia, existing
land development policies may quickly become out-of-date and need
to be constantly revised and supplemented".5
From a review of various technical reports and other governmental
documents, various field works and meeting and interviewing of
government officials, the problem of Saudi Arabian urban land
development policies can be summarized as follows:
- policies inconsistent with land development goals and
policy mechanisms inadequate to control rapid urban
growth;
- existing policies have failed to control the rise in land prices
and therefore, have not aided easy mobilization of financial
resources for the provision of residential settlements and public
utilities at a feasible cost, or in a way that enables the local
governments to undertake urban renewal and reconstruction of badly
built areas;
12
- policies have failed to address cultural and social
factors; and they have been prepared with a lack of
understanding of the physical conditions of the urban
areas.
The inadequacy of urban land policies on the one hand, and the
economic pressures for individuals to maximize their personal
Interests on the other hand, have resulted in the following four major
problems:
- urban sprawl with high servicing costs,inefficient urban
structure,and loss of agricultural land;
- lack of identity, sense of culture, and enviromental
compatibility; and
- lack of community services and public utilities.
From the introduction and the previous statements, it can be
concluded that there are three major factors influencing urban land
policies:
1. Land availability for development
a. scarcity of land available (time, location)
b. scarcity of serviced land for development
(housing).
2. Inefficient and inadequate pattern of development
a. spatial pattern (land-use)
b. visual, formation pattern (urban design)
c. public programme allocation(schools, mosques.)
13
3. Shortage in resources
a. skilled manpower for urban development
1.4 HYPOTHESES AND ASSUMPTION
The main concern of this study is the investigation and examination
of certain specific hypotheses, which deal with urban land policies in
Saudi Arabia and with their relationship and effect on urban
development in the country.The two major hypotheses of this study
are:
1. Under rapid economic growth and, consequently,
rapid urbanization , existing urban land policies are
inadequate to meet the pressure of market forces
and to facilitate mad improvment .
2. Existing policies have failed to produce an urban
pattern compatible with cultural and environmental
conditions.
However, there are two facts and assumptions to be highlighted at the
very onset, so that the two hypotheses become meaninriul. The first
fact is that all Saudi citizens without exceptions are Muslim and,
consequently, the main goal of national and local development plans
are to maintain the values of Islam. The second fact is that the
Sharia (Islamic law and teachings) values and teachings are the only
source of legislation and controls in Saudi Arabia. Therefore , policies
must be consistent with Islamic Sharia ,hence, the degree of success
14
or failure of urban land policies is measured by the extent of success
In directing urban land development in a manner consistent with
Islamic Sharia .
The third fact is that from the beginning of the Five Year National
Plan series in 1970 , the country has maintained a healthy economic
position and surplus value which, inreturn, facilitated the allocation
of the financial resources needed for development plans. Hence, it
can be assumed that shortage of financial resources has not been a
significant problem in the case of urban land development problems;
this, however, does not imply that resources have been most
efficiently employed.
Thus, for the purpose of testing the hypotheses, the thesis is
committed to the following questions:
1. What are the Sharia Values and teachings relevant to
contemporary issues of urban land development?
2. What are the enviromental parametors relevant to
urban land development policies?
3. What are the existing urban land policies in S.A.?
4. What are the urban land development problems in S.A.?
5. Do the urban land development problems result from a
lack of effective policies and/or enforcement failure
or not enough policies?
6. Do the existing policies in S.A. protect the Physical
15
enviroment as well as maintaining their conformity
with Islamic Sharia ?
The methodological approach used for this purpose has three
complementary parts. The first part is a cultural and environmental
model for urban land development, consisting of evaluation criteria
and general guidelines for formulating policies within Islamic
principles - its political institutions, social-philosophy, and its
economic organization. Thus, we will see that throughout the three
Saudi Arabian Five Year Plans, the main goal has been the maintaining
of Islamic culture and laws. On the other hand, recognising policies
defined also as a means to achieve planning goals, the purpose of the
first part of the methodology is to bthieve printiples SOT b "physitb\
pattern compatible with Islamic culture and guided by policies
consistent with Islamic Sharia", by which the success and suitability
of the existing policies can be determined. All information and data
necessary for this part has been collected from secondary sources,
such as books, scripts, periodicals, and government documents.
The second part of the methodology aims to understand the recent
phenomenon of rapid urban growth and general land development in
Saudi Arabia. Haim Darin-Drabkin argues that "An examination of the
underlying factors in urbanization patterns will help to determine to
what extent they can influence land use, thus creating the problems
which land policies are trying to solve"6 . From the definition of
urbanization as a process of change in social, cultural, physical, and
economic conditions, it can be added that an understanding of the
16
urbanization process will help to determine other aspects of urban
land development beside land-use, which land policies are trying to
solve. Data and other information for this part has been collected
from both primary and secondary sources. The latter are government
documents and other publications about Saudi Arabia, whereas the
primary sources are various field interviews of governmental officals
and some related consultants. However, some of the numerical data
which could have helped to bring about more description and analysis
to the argument could not be obtained and, in some cases, does not
exist.
The third part of the adopted methodology consists of two approaches.
The first approach Is the choice of Jeddah, as a case study by which
existing policies and other related issues of land development have
been analysed and evaluated. There are several reasons for choosing
Jeddah as a case study. After the capital, Riyadh, it is the largest
city in the Kingdom and the one of the first highly populated cities.
Its Master Plan has been in course of implementation and monitoring
since 1973, where as, with the exception of Riyadh, the rest of the
countrys urban areas did not have Master Plans until the late 1970s.
Since the First National Five Year Development Plan, Jeddah has
experienced continual financial support which makes it possible to
assume that urban land development has been relatively little
influence due to lack of financial resources. It is also the case that
Jeddah has more than any other municipality in the country,
documented and available data and other needed material. However,
there are some issues of land development policy which could not be
17
found in the case of Jeddah. Therefore, a second approach had been
adopted to complete the analysis and evaluation model by examining
the Al-Medina area, as an example of urban sprawl and pressure on
agricultural land; and for its lack of coordination in policy
implementation, the Yanbu sub-region was choosen.
The methods used in gathering data and information, for the case
studies, were primarily the following:
1. Actual observation of operations in the Jeddah and
Makkah municipalities. These observations provided
opportunities for informal conversations with various staff
members,and the raising of questions with them. Also, field
observation were made of the physical development in the two cities.
2. Informal interviews were conducted with officials in Jeddah,
Makkah, and Yanbu Municipalities, and with planners and architects in
Jeddah municipality, (to which the consultant was Robert Matthew
Johnson-Marshall and partners). The second part of the interviews
was a field survey conducted in Jeddah, Makkah, and Al-Medina,
incorporating thirty eight interviews. The number of the interviews
do not represent any predetermined statistical significance, being the
number who were approached and accepted to be interviewed. The
need for this survey was raised by the lack of written material in the
area of Saudi Arabian sociological and cultural behavior, which form
main influences on land development policies. However, the purpose of
the survey were twofold:
- To understand and explain the contomporary Saudi ways of
living, uses of free time, and other aspects of life-style.
18
- To explore the directions in which these patterns might change
under the pressure of urbanization and growing wealth.
3. Documentation through access to files, plans, maps,
and technical reports available in Jeddah, Al-Medina, Yanbu, and Al-
Khouber municipalities. Also, material from the Institute of Public
Administration Library, and the research and public relations
department of the Ministry of Municipal and Rural Affairs.
Naturally some methodological difficulties were encountered in
conducting this research, due to the lack of written documents
dealing with the subject and some antipathetic behavior by
respondents towards interviewing.
1.5 ORGANISATION
The thesis is composed of ten chapters. The introductory Chapter
consists of four sections. The first section introduces briefly the
issue of urban land development in Saudi Arabia and the problem
confronting it caused by urbanization, especially rapid urbanization,
as well as the need for urban land policies as a means to control
urban growth so that it fulfils its national and local objectives. The
second section incorporates definitions of the essential concept. The
third section reviews the methodological issues of concern to the
thesis. Finally, the fourth section breifly mentions the subject dealt
with in the remaining chapters and the organization of the concepts.
19
The second chapter deals with the phenomenon of urbanization,
establishing the fact that urbanization is the major factor which
influences the demand for land and explaining the impact of the
urbanization process on land use behaviour, thus creating the
problems which land policies are trying to solve. A global approach is
taken to understanding the problem, with more reference to the Gulf
countries.
The efforts made in the First Chapter aimed to link the problems of
Saudi urban areas to the rapid continued urbanization process, but
this by no means eliminates other factors nor implies that the
problem of urban development is soleig a product of rapid
urbanization. The second part of this chapter, accordingly, examines
the recent phenomenon of rapid urbanization and the various
government efforts to deal with it. The Chapter consists of four
sections, of which the first two look at urban growth, the source of
growth and the resulting pattern of growth. The remaining two
sections look at the problem generated by rapid growth and at
government programmes to influence and direct the growth.
The third chapter deals with the issues of land development policies,
covering the fundamentals and scientific basis which should be taken
into account while analysing existing policies and, later, for
formulating the recommendations. That means the definition of
elements by which a piece of land, whether large or small, can be
described and through which changes can be analysed separately and
in detail, together with the general features of the changes within
20
the different elements. For this purpose, various experience and
theories have been reviewed, with more focus on those areas from
which Saudi Arabia adopted most of its existing policies.
The Arabian Penisula is the birth place of Islam and includes the two
holy cities of Makkah and Medina. An essential Islamic religious tenet
is the absolute pervasiveness of God. who legislates for mankind
through his prophets, the last of whom is Mohammed. Islam means
"whole" approach, for the individual as well as the community and for
his or their lifestyle and spiritual practices, since in Islam there is
no difference between the two. Thus, Islamic beliefs have a major
influence on various aspects of Saudi Arabian social, political, and
cultural behaviour. As a result, the social and physical fabric of its
cities has become interwoven with Islamic values and teachings.
Hence, any examination of a deliberate policy of land allocation and
distribution of right to use and how to use land must recognize the
fundamental legal, social, economic and cultural aspects of Islam.
Nevertheless, Saudi Arabia is llocated in the hot arid zone of the
Arabian peninsula, therefore, any attempts to control land
development must consider the environmental factors of such zone .
Chapter Four establishes the necessary understanding of Islamic
social values, laws and cultures; examines the general Islamic point
of view on and legal understanding of the relevant issues of urban
land development policy, all this , to formulate cultural evaluation
criteria. Also, it examines the hot arid zone and provides a set of
evaluation criteria.
21
The definition of land policy in the context of this thesis includes the
administrative system by which policies are formulated. Thus,
Chapter Five examines the structure and responsibilities of the
various agencies involved in the procedure of physical planning in
Saudi Arabia.The Chapter looks at the planning machinery at the
national and local level; and at the functions of municipalities in
Saudi Arabia; it establishes the linkage between the National Plans
(socio-economic plans) and local plans (physical plans).
Chapters Six present the existing land policies in Saudi Arabia And
evaluate the mechanism of land market in Saudi Arabia.
Chapter Seven consists of three parts, of which the first looks at the
case study, Jeddah, to identify the various problems of urban land
development .The second part looks at those problems of urban land
development which the case study did not address. The final part
summarizes the findings of the analysis and the problems of policy.
Chapter Eight evaluats the outcome of Chapter Five against the
policies reviewed in Chapter Six . The aim of this chapter is to
assess the policies in terms of existing land problems.
The main objectives of this thesis are: to suggest a framework for
formulating land policies in Saudi Arabia; and to formulate land
policies to control the existing conditions and to direct the land
development process in a manner consistent with physical and
cultural traditions. These two objectives are the main issues of
Chapter Nine. Finally ,Chapter ten presents the final remark.
22
Notes To Chapter I :
I- Growth of the World's Urban and Rural Population, 1920-2000, United Nations publications, 1971.
2- United Nations Congress on Human Settlement, 1976.
3- Land Development Policies, Technical Report No. 8, Project No. 202, 1979, pg. 8.
4- Land Development Policies, Technical Report No. 4, Jeddah Master Action Plan, 1978, pg. 4.
5- Land Policy, Technical Report No.8, Abha Master Plan, 1981, pg. 3.
6- Haim Darin-Drabkin, 1977, pg. 9.
23
CHAPTER II: URBANI7ATION AND URBAN LAND
2.1 INTRODUCTION
Urbanization, as a process, involves people and land. In the case of
people the process means changing their way of life and in the
case of land, changing its use.' Urbanization can be the direct
result of economic growth, as in the oil producing countries or it
could take place without economic growth, as in India and South
America.2 In the two cases the process by itself can be a problem.
However, our concern is the process as a cause of a problem. The
process of changing ways of life whether associated with growth
or without growth, creates a great demand for urban land and the
way it is being used.
Thus, the objective of this Chapter is to examine the underlying
factors in urbanization patterns and their impact on urban land,
firstly, in general, then with regard to Saudi Arabia.
2.2 AN OVERVIEW
The present patterns of urbanization are the result of the
interacting forces occuring in both pre - and post industrialization
periods. Although many experts have tended to emphasize post-
industrial settlement patterns, in marij parts of the world the
structure of urbanization was established by the pre-industrial
city which was by modern standards relatively small. For
example, by 1600 only 3 percent of the world's population was
900
800
700
600
500
400
300
200
100 Year
1920 1940 1960 1980 2000
Figure 2.1 : Growth Of Total World Population And Urban
Population
1300 Index Number
1200
1100
1000
sussaissat Total Population Urban Population
Cities With 500,000 And Over Cities With 500,000
Source:Growth of the world's urban and rural population, 1920-2000 United Nations publications, 1973.
Total Urban
13.2
Table 2.1 : Level Of Urbanization Growth Rate
Population % Of Urban Pop. & Total Change 1980 1960-1980
Low Income 2300 15 17 13.3 Countries
Middle Income 1008 37 50 35.3 Countries Oil Exporter 334 33 45 36.3 Countries
Oil importer 674 Countries
Capital Surplus 26 Countries
Industrials Market 675 Countries
39 52
37 69
68 77
43,56 Changes
33.3
86.4
Source : Adopted Ftom World Bank , World Development Report, 1980. New York : Oxford University Press
24
located in urban places of 5,000 or more inhabitants (United
Nation definition 1976).3
Thus the beginning of the process of urbanization can be traced to
the origins of capitalism and the rise of the Italian City-States;
but since about 1950, the process has been gaining momentum and
has reached unprecedented magnitudes. By the year 2010 it will
reach its peak and by the year 2080 it will be essentially
completed. A global survey of the growth of the urban population
shows that at the end of the nineteenth century, out of a world
population of 1,650 million, only 250 million was urban. By
1960, the urban population passed the 1,000 million mark, out of a
total population of 3,000 million. By the year 2000, out of 7,000
million humans on earth, 4,000 million will live in cities. In the
next twenty years, the cities of the world will have to
accommodate an increase of nearly 2,000 million inhabitants.
Over the next fifty years, we are going to tioild two and half times
the equivd'ent of all cities today in existence.4
Globally, the rate of urbanization is much greater than the growth
rate of the world's population and far greater than that of rural
areas (see figure 2.1). Between 1960 and 1980 the urban
population increased by 81 percent (see table 2.1). Moreover,
urbanization rates amongst regions of the world, amongst
countries within any region, amongst cities within a country, and
can produce differential consequences. These differences are
vividly portrayed when one contrasts urbanization patterns in the
developing world with those in the developed regions. Of the
many differences, the fact that the former must cope
25
simultaneously with increases in both the urban end rural
population. Further, urban population increases are largely due to
rural urban-migrants who generally lack the skills needed to
participate in an urban economy. The situation is aggravated
because urban economic growth cannot in any way provide
employment fast enough to absorb the population increases.
Hence, poverty is the overwhelming characteristic Of these cities,
and this Is manifested In the increasing size of slum and squatter
settlements in various cities of the world. While population in
developing countries grows at 2 to 3 percent annually and many
city populations grow at rates exceeding 6 percent, slums and
uncontrolled settlement in utter) areas commonly grow at rates of
12 per cent and sometimes exceed 20 percent . Not only can
these countrinot provide jobs but also they lack resources to meet
the minimal standards.
Three forces have shaped the patterns and nature of urbanization,
these are: advancing technology, changing concepts of social
equality and the appropriation of unearned income. Together
these have produced competing demands for scarce resources; of
which urban land is crucial. Changing technology, such as the
utilization of automobiles, has produced a large demand for land
while simultaneously opening up areas for development and
extending the size of urban areas by improving accessibility. In
this case, both the demand for urban land and its supply are
affected. As living standards improve, the amount of land needed
per person increases. The market mechanism has long been the
primary means for allocating land, but the reliance on this is
changing because concern has developed over the public-private
26
distribution of "unearned increases in land values". Attitudes are
shifting towards the realization of a better balance of the
distribution of the benefits resulting from development and
urbanization, particularly since increases in land values are
largely correlated with public investments and improvements.
Hence, there is a growing recognition that the public should
recover land value increases, or at least a fair fraction. And
finally, land, like other resources, can be monopolized and used for
economic gains. Indeed, urban land particularly lends itself to
monopolization because it is fixed in space preventing the entry of
new producers in response to rising prices. Hence, land prices
and land speculation leading to windfall, profits have become
suspect as these have significantly increased development costs
and in other ways frustrated and distorted the development
process needed to sustain and meet the needs of a growing urban
population. All of these factors characterize the current
urbanization process and they influence the pattern and the change
of urban growth.5
The world urbanizatilin process can be summarized as a
transformation both of a quantitive and a qualitative nature.
This transformation may produce adverse results including,
excessive size, overcrowding, shortages of urban services, urban
sprawl, traffic congestion, unemployment, racial and social
issues and environmental degradation. In the context of urban
land , this means a great demand for urban land as quantity and
quality. In the former case, It is required to accommodate the
growing population and/or the rise in living standards that is
generated by urbanization and in the later to upgrade the condition
Table 2_2 : Population of Gulf States in various Years(in Thousands)
Years
Kuwait UAR Oman
1961 321 86 500
1970 750 190 660
1980 1,372 796 89 I
Ave. ann. rate of increas
6.29 7.11 3.02
Urban population 83.8 65.3 16.1 1980%
Source: Demographic Year Book (UniittiNation,1980)
Table 2.3: Rate of Growth In The Gulf States • 1960-1980
Country
TOtal Of Pop.(000) Rate Of Gro.% Level Urbanism Rate Of Urbn Increas ave.
1960 1980 total urb 60 80
Kuwait 278 1.372 4.4 7.4 723 68.3 16 190
Oman 494 891 14.4 44.4 75.9 3.9 3.9 119.4
UAE 119 796 33.0 17.5 40.3 72 31.5 278.8
SOurce : UNI Patterns 01 Urban and Rural Population Growath (new York, 1980),PP.128-43.
27
of urban land especially so where slums and squatter settlements
ocure.
2.3 THE OIL URBANIZATION6
Where the most obvious and immediate result of the urbanization
process of most of the developing countries Is the rapid
deterioration of the human environment, caused by the increasing
gap between economic growth on the one hand and population
growth and concentration on the other, the case is different in the
oil producing countries of the Middle East. Here the impact of
population growth and urbanization is associated with economic
growth that has accumulated surpluses of $270,000 million
(Azzam 1981).
At the turn of the century, one in ten people living in the Middle
East could be classed as urban dwellers. According to the United
Nations, by 1970 this had risen to an average of 37 percent. By
1985 it is estimated that 68 percent of the population are living
in urban centres (Demographic Year Book, United Nations 1981)
(see Table 2.2, 2.3). In number, the rate of urban population
growth in the whole Gulf region of the Middle East, is nearly half a
million annually. This requires almost 100,000 additional dwelling
units, corresponding to an annual increase of 91 sq.km . of prepared
urban land, with roads, water, drainage and other services.
In new settlements, the impact of development on the land and the
living patterns of the inhabitants, in terms of infrastructure and
plant, is likely to be considerable. Also, in almost all cities
28
dramatic changes have to be considered in dealing with outdated
engineering infrastructure, such as roads, water distribution,
sewerage and drainage facilities and housing. Under these
conditions, associated with lack of controls, the demand for urban
land is greater than the market by itself can provide, and the
quality and the pattern of the urban fabric lacks compatibility .
For instance, at the beginning of the twentieth ceaury Kuwait city
was a small fishing town of 35,000 at the head of the Persian
Gulf. Today, the modern metropolis has a population of over one
million. This growth represents one of the most spectaccadr
examples of the effect of vast oil revenues.
Kuwait's population, with oil exports commencing after the war
grew quickly. By the first census of 1975 the nation's population
was over 200,000 and this reached 1.3 million by 1980,
representing 9.1 percent per annum increase. The vast majority
of the inhabitants of this small nation live in Kuwait City. This
growth has resulted from the great number of foreigners who have
flocked for employment to the rich country. Indeed by the 1960s
the alien population outnumbered the native Kuwaities.
The physical expansion of Kuwait City has been largely directed by
a master plan drawn up by a foreign city planning firm. The
implementation of the 1952 master plan included acquisition of
land within the "madina" by the government. The land owners
were offered inflated prices, not only to induce the Kuwaities to
move to the new government residential superblocks that have no
sense of tradition and environment, but also to provide capital for
29
investment in the private sector. As a result, land prices
Increased over 30 fold, speculation became the dominant nature of
the market and housing costs increased over 15 times as the
Inflation was fueled by the increasing oil revenues. Despite the
oil revenues and the housing programmes the rapid growth of the
city has created shortages in housing and community services.
Shanty towns have developed around the city. It is not, however,
the foreign workers who mainly occupy such dwellings, but
Bedowins. The shanty towns are built illegally on government or
private land and hence are squatter settlements. As space is not
a problem,these settlements are built at considerable distances
from one another and at low density, making it impossible to
provide them with the needed services and community facilities.
The overall pattern of the city has little resemblance to any
traditional Middle Eastern Islamic madina. It Is a city which has
been designed for the automobile and in which that vehicle
dominates. The new residences tend to be outward looking and
detached, instead of the compact, inward looking tradition house
centred on a courtyard, and the overall urban fabric lacks any
sense of the cultural and social habits of or environmental
concerns of the society.
In summary, urbanization in the Gulf region of the Middle East is
characterized by excessive size, both in population and
geographical area occupied by cities; temporary urbanization as a
result of foreign workers most of whom will leave by the end of
the development plan; shortage of urban services as a result of
urban sprawl and squatter settlements; traffic congestion; lack of
30
environment considerations; the rapid conversion of agricultural
land; and a divorce from traditional cultural and social norms.
2.4 THE DEMAND FOR URBAN LAND
With the phenomenon of urbanization and its associated rapid
urban growth, the demand for urban land is increasing at a very
rapid rate in virtually every urban centre throughout the world.
This has two primary dimensions:
1. the demand for land to meet individual needs; and
2. the demand for land to meet the needs of society.
Aggregate demand has resulted from a series of global national
forces that have tended to concentrate on human activities in
urban centers, thus creating intense pressure on the supply of
urban land. The manifestation of increasing demand for and
decreasing supply of land, is reflected in free market economies
by extraordinarly high land price.
Within this context land generally, and urban land specifically can
be viewed as both a "good" in an economic sense and as a scarce
natural resource. Land Is not created by human effort and it
exists without being produced. It is a "good" when man transforms
It through labour or capital into a commodity which satisfies some
human need. It is essential to distinguish between land as a "good"
and as a natural resource because these two characteristics
differentiate it from other commodities when the market process
is considered. These unique characteristics, when combined with
31
a demand sector that consists of both private and collective needs,
implies that normal market mechanisms cannot be relied upon for
the allocation and utilization of land, and that a third party is
needed in order to meet individual and collective land demands at
the appropriate location and at the needed time.
Urban land demand, in general, is influenced by the level of
development of a country, the urbanization process and the spatial
structure of a country . The most important factors influence
variations in the demand for urban land are:
- the rate at which a population is urbanizing;
- the distribution among human settlements;
- the nature and types of activities occuring
within a city;
- the intensity of density of land usage for
various activities;
- individual and collective investment capacities;
and
- the techniques and technology used in town
buildings.
Of the various factors influencing the demand for urban land, none
is more significant than the Leipid rate of urbanization. In several
locations, such as the Middle East, the pressures on existing land
supplies suitable for development are particularly severe.
Concentration coupled with uneven distribution of the population
produces intense demands for space. 14 Many land analysts seem to
agree that in theory at least there is no absolute shortage of land
32
to accommodate urban growth, but that there are both technical
and artificial shortages.
A technical shortage exists when land in its present condition is
not suitable for urban uses; although this may result from a lack
of appropriate public investments making posssible its use for
urban purposes. On the other hand an artificial shortage may
exist because available land is being witheld from urban
development at a particular time because of expected future
profits, or because it is serving as a form of investment savings.
Both technical and artificial shortages may also exist because of
the peculiar nature of a parcel's size, location and/or shape.
The density of settlement of both population and activities which
Is characteristic of urbanization process has been associated with
increases in the demand for land. Density levels can directly
Influence the omount of land needed, depending on the social and
economic conditions which establish acceptable or necessary
density standards. In developed countries, the majority of cities
have reached an extremely high density in both residential and
employment areas, especially in central cities. With the spatial
expansion of the urban area outward from the centre city, such as
In North America, density tends to decrease for both residential
uses and commercial and service uses. Thus, changes in the
density of development and in concentration, which in turn modify
land use patterns, increase the demand for urban land despite
changes in the rate of population growth.
33
Given the pressure on land caused by urban growth, and the virtual
cultivation of virtually all arable land, technological advance may
be the only means for meeting the future needs of population.
Merely attempting to increase the stock of cultivated land in such
countries as India and the Republic of Korea, will be impossible or
economically unfeasible. In this context, land is needed for both
agricultural and urban uses but it may not be either desirable or
possible to remove cultivatable land from agricultural production
and use it for urban purposes. Yet, as economics become more
diversified, less land may be needed than for a purely agricultural
economy.
Technological changes can also significantly influence patterns or
urban land demand. For example changes in the size of the labour
force and in production processes may directly influence the need
for land. In turn, these changes may be directly traced to
technological advances. In North America, the older cities that
experienced industrial growth in the early or mid-nineteenth
century found that the sites of their plants could not accommodate
the spatial requirements of advances in production techniques,
with the result that industry has moved to the fringe of urban
areas. Similarly, technological changes in communication and
transportation networks, although resulting in improved services,
have required more land as in the case of urban expressways.
Also, changes in building and construction technology have
affected urban development and altered the demand for land.
However, these changes have also made available new forms of
structures and roads that in turn have made possible developments
of higher density of use. Indeed, techniques of construction may be
34
a major contributor to the demand for urban land. In summary,
technological changes have a variety of implications for urban
land demand.
Another factor influencing demand Is the rate of economic
development in both developed and developing countries. Besides
removal of arable land, rapid growth In the metropolitan areas of
developed countries has greatly increased demand for land.
Today, new industry is locating on the fringe areas, rather than
solely within the city proper. Also, another effect of economic
development flows from its impact on income levels. As income
increases, the standard of living improves, so does the demand for
land for such uses as housing, open spaces, parks, highways and
other public services. A permanent growth in national income
increase the desire to improve standards of living. This is
manifested not only in demands for different land uses but an
increase in the amount of space for living , including the space
within the dwelling, and a reduction in the number of residents per
unit. Higher standards of living tend to require increased
amounts of land, especially in urban areas, because here the
standards are the highest, especially for new construction. The
stage or level of development is thus a major contributing
influence to the demand for urban land.
The availability of land itself contributes to patterns of demand.
Location and accessibility have been cited as characteristics of
urban land that determine its demand. However, the centre city
is no longer the sole location of urban land, as changes in
technology have opened extensive fringe areas to development.
35
This process of suburban land conversion has consequences for
demand. Where prices remain significantly lower on the urban
periphery than in the town proper, demand increases for land in the
metropolitan area beyond the city boundaries, and this may extend
into neighbouring rural areas.
Moreover, as demand increases for greater quantities of land, both
residential and employment densities decrease. This process
precipitates the lowering of urban densities throughout the
metropolitan region, a phenomenon observable in many cities of
developed nations. Thus, the demand for urban land spreads
throughout the entire metropolitan region, frequently embracing
large portions of the rural hinterlands.
The market mechanism has been relied upon to balance the demand
for and supply of, land. But in this case, because of the peculiar
nature of urban land, the market as a means for allocating this
resource may influence demand. In some parts of the world,
such as Africa for example, the supply cannot function to meet
demand within a market context. The institutional barriers are
enormous. The traditional land tenure system, with its vague
land titles, works to prevent exchange, and when this does occur it
takes months to complete the transaction because of the
complexity of the system. The elements necessary for the
operation of the land market are lacking, including real estate
agents and the availability of mortgages. Therefore, where the
market mechanism is functioning as a means for allocating
resources, it may produce economic trends which in turn may
influence the demand for urban land. Long-term inflation or the
36
reduced purchasing power of a currency will promote investment
in land as a source of savings. In some countries lacking a stable
monetary system and alternative investment opportunities , land
becomes a primary means for accumulating and protecting capital.
2.5 IMPACT OF URBANIZATION ON LAND USE
Since urbanization is the process by which changes are induced in
the way of life of a group of people. These changes imply three
aspects: physical, social and economic. Thus, it is normal, to see
that urbanization has the effect of increasing almost all forms of
land use. This is expressed both in the intensity and the extent of
land consumed, especially where urbanization has been rapid, and
land has not been placed on reserve for that purpose. The type of
city in which urbanization occurs along with the types of
government and economy present, affects the way the factor of
urbanization influences land use.
There are four basic elements which determine the use made of
urban land:
- the spatial structure within which urbanization
takes place:
- the stage of development;
- the major activities conducted in the urban area;
- the size of the city
Size has two quantitative aspects in reference to land use, one is
the density of use and the other is the amount of land consumed.
Urbanization has generally had the effect of increasing the
37
intensity of land-use. In many areas, this led to overcrowding,
congestion and the development of slums. In some parts of the
Middle East, one of the major expressions of urban growth has been
the sheer physical congestion prevalent.8
Urbanization has had the general effect of creating new needs for
land. The increase in national income that has been the result of
urbanization, especially In the developed and 011 Producing
nations, has produced a desire for a higher living standard. This
factor has placed pressures upon such uses as housing and open
space. Expectations have been altered, and households have
changed in numbers, as has what is valued; so that increase has
occurred in the amount of land required, the size of residence
desired and the number and quality of services demanded.
An important aspect of the urbanization process Is its localized
impact on land demand, which may be fairly circumscribed in
terms of concentration. Where vacant land does exist within the
city itself, often it is not of sufficient quantity in any given
location to permit the appropriate development or it may be under
restrictive controls. Where this is the case, land demand is high
and prospective buyers and developers are pushed into the suburbs.
Explicit efforts have been made in some very crowded cities to
control this process by promoting development in specific
suburban locations. New towns around older cities in Italy, the
Netherlands, Spain and the United Kingdom, have been created for
this purpose. In France, (planned areas of priorities) , have been
defined as a means of concentrati ng new construction,
38
The concentration of joD1 in the city has had important
implications for land use. Service employment at present
represent the major source of demand for land in the city. With
"clientel in-migration" and the services already present, the
increased demand inflates land values. Services themselves
become specialized as a result of the competition, thus those
located in the centre of urban areas are so specialized that they
depend upon a central location for survival. Residential
construction in the City declines, except for luxury apartments for
the economically well off or public housing for those too poor to
move elsewhere. Concentration begins to take multiple forms, but
with one common theme, new structures within the city proper are
most likely to be multiple-story buildings. Thus density increases
are reflected in the concentration of buildings, employment and
people.
At the same time, urbdrii , ation consumes a great deal of land, as
the physical size of cities increases. In the Middle East for
instance, a number of cities have experienced significant area
growth. The city of Kuwait, which encompassed 15 square miles
in 1960, now occupies an area of 150 square miles. A much more
sudden growth occured in Riyadh, where the city expanded from 25
square miles in 1960 to 210 square miles in 19130. 10 Much of this
new growth, especially in some parts of Asia and Africa, has taken
the form of suburban sprawl which is unplanned and unregulated
with little respect for externalities. Land is wasted and,
amenities and services are lacking. In Europe, while the city and
39
urban area grows, land in the centre becomes so scarce as to be
unable to house the cities residents. Thus the physical expansion
of cities frequently characterized by sprawling developments in
suburban areas has generated much concern as government seek to
provide services to their new developments.
The rapid growth and urbanization has promoted slum areas and
"shanty towns". As a result of Job Concentration in the centre and
the competion between services for land, land prices have been
rising sharply. In return, the services that can compete replaced
those which cannot compete. This encourages exclusively business
commercial functions. Thus residential uses decline, because of
the cost of land, air pollution and noise.
The high land prices make it impossible for new residential
building to replace existing ones in the city centre. As a result,
there are many old houses in poor condition in and around the city
centre. These areas are characteristically occupied by foreign
workers, students and people who need to live in town, even though
in houses of low maintenance.
While the city centre expands, the need for more urban areas
increases, to accommodate the residents of the centre. Such
demand in some countries is met by conversion of agricultural
land, where in other countries urban sprawl is the direct result.
Such growth generates increased transportation demands within
the metropolitan area and unjustifiably high costs of services and
utilities arising from the low density of development.
40
2.6 THE IMPACT OF URBANIZATION ON AGRICULTURAL LAND
One of the site factors that accounts for a city's location is its
proximity to the best agricultural land, (in the pre industrial era).
This factor contributes to the conversion of agricultural land to
urban as urban growth continues its demand for land. This
process of conversion of agricultural land into urban uses has
appeared almost universally. The exceptions are where urban
growth has extended into areas of non-agricultural use or desert.
In some countries, such as United States with its relative wealth
of land resources, the problem is seen by some as unfortunate but
not life-threatening. In many other countries, however, where land
resources are less favourable in relation to population, and to the
need for agricultural production, the loss of agricultural land to
urban uses is of more concern. Many countries in Asia and the
Middle East in particular face this problem, perhaps none worse
than Japan. On the one hand, these countries use land for
industrial growth and economic advancement, while at the same
time losing part of their ability to feed themselves.
The development of agricultural land for urban uses has
Implications for both the rural and urban sectors at all levels,
from local to national. Not only may physical development replace
agricultural uses but speculation may remove land from
agricultural production. Further, the land market is altered by
the process of conversion, as pressure is exerted to develop land
which is at urban rather than rural use value. This removes land
from agricultural production and promotes premature construction.
Table 2.4: Distribution of urban population by size of settlement 19b2/b3 and 1974
Number of Set. Population of Settlements Size of Settlements 62/63 74 62/63 98 74 9g
100,000 and more 3 7 505,206 52 2,234,215 71
50,000-99,999 3 3 178,308 18 198,016 6
20,000-49,9995 5 9 148,590 15 405,904 13
10,000-19,999 12 17 148,590 15 298,983 10
Total Urban 23 36 980,694 100 3,137,118 100
Total Population 3,302,000 7,012,000
Percentage of Urban Population 30 45
Source: For 1962/63 see J. Clarke "Introduction" in Population of the Middle East and North Afrcia, A Geographical Approach, (eds.) by J. Clarke and W. B. Fisher, N.Y. Affricana Publishing Corp., 1972.
For 1974 (a) The Central Department of Statistics, The Population Census, 1974, (b) Societe D Etudes Pour Le Developpement Economique Et Social, Study on Changes in Urban
Rural and Bedioun Communities, (Unpublished Paris 1979)
41
The public costs may be large as developments may occur far from
existing urban settlements and these are difficult and costly to
service.
With speculation, inflated prices and controlled uses of urban land,
on one hand and urbanization on the other, the conversion of
agricultural land becomes the only way of providing for the
various urban land use needs. However, the development that has
occured on converted land has tended to be at a low density which
has meant high costs in terms of services and land itself.
Another important consequence is that access to such land is
frequently limited to the middle or upper income groups. Thus, the
pattern of development promotes socio-economic segregation as
well as increased service costs.
2.7 URBANIZATION IN SAUDI ARABIA
It has been established that the process of urbanization creates
demands and induces changes In land-use, if these changes and
demands have not been meet by appropriate policies, several
probl ems will occur.
The rapid pace of development and increasing population growth
are now ha y ing an important effect on the patterns of urban
development in Saudi Arabia. Table 2.4 shows the percentage of
national population in urban environments between 1962 and 1975.
Over this period Saudi Arabia maintained a high ratio of growth to
urban population. Also, it can be seen that, generally speaking,
Saudi Arabia maintained a continued growth in the gross national
product simultaneously with urban population growth. A series of
42
national and local development plans have been drawn up to
simulate economic, cultural and physical development.
Since the inception of the National Development Plans, Saudi
urban growth became inevitable, as a direct consequence of the
approach to development which has been adopted. Implicitly, one
of the major factors that enhance urbanization is
industrialization. Thus, both the industries developed and their
Infrastructure requirements make It inevitable that most of the
new activities promoted or simulated by the development plan
would take place In urban settlements rather than in rural areas.
The speed at which urbanization has taken place can be seen from
the following data. In 1932 the urban popolation was 300,000 or
20 percent of the total of 1,500,000; by 1962 it had risen to
800,000 or 24 percent out of a total of 3,300,000; and by 1974 it
was 2,900,000, or 42 percent out of a total of about 7,000,000. It
seems inevitable that there will continue to be a very close
relationship between the level of industrialization and the level of
urbanization in the country.11
Most of the industries which are being developed in the Kingdom
(with exception of the hydrocarbon - related industries) are
concerned with transformation of both local and imported raw
materials into goods for the domestic market. As the major part
of this market is in the existing urban centres, the pattern of
industrial development can be expected to largely reinforce the
existing settlement pattern. This trend will be reinforced by
three other factors. First, the public utilities (particularly water
and electricity) required for industrial development are more
Table 2_5 : Distribution Of Total Population
1970 1975 1980 Percentage living in metropolitan centers (population more than 100,000) 20 35 42
Percentage living in small towns 20 16 12
Percentage living in rural areas 60 49 46
100 100 100
Source : THird Development Plan ,P .56
43
readily available in the main urban centres, and this existing
situation is being reinforced by the extensions and improvements
to the existing utility networks. • Thus, although it is true that
utilities are being introduced to the more remote parts of the
Kingdom in accordance with the Plan's aims to distribute the
benefits of development equitably, the level of supplies necessary
to support extensive industrial development will continue to be
found only in the major center for sometime. Secondly, the major
supplies of labour which are necessary to support the development
of an industrial base exist only in the major center of population
as well as the necessary housing to accommodate them. Third, the
dependance on imported materials provide considerable advantages
for industrial development to the Kingdom's major ports and the
urban centres close to them.12
However, the government has taken at least one major policy
decision that may counteract these trends and have a direct and
significant effect on the settlement pattern - the decision to
establish the new industrial cities of Jubail and Yanbu.13
2.7.1 Source of Growth
The recent phenomenon of urbanization in Saudi Arabia started
with the increase of oil revenues in 1973. The 1932 urban
population was estimated at 300,000 persons and only the Holy
City of Makkah had over 50,000 inhabitants. Since then the
situation has changed extremely rapidly.
Table 2.6 : Population Of Major Cities
1962 1974 increase %Inc.
Riadh 169,185 666,840 497,655 294
Jeddah 147,859 566,104 413,245 279
Mecca 158,908 366,801 207,893 130
Medina 71,998 193,185 125,188 175
Tail 53,954 204,857 150,.903 279
Sources:
1962: Normal C. Walpole et al., Area Handbook for Saudi Arabia, Vtashington , D.C. ,U.S. Government Printing Office ,1971, p. 19.
1974 : CBS, Statistical Indicators , 1934 H. , 1974 . Riadh, 1975 p. 112
• 44 The available data indicate that urban population, in settlements
of 10,000 and more, increased from 980,699 in 1962/63 to
3,137,118 in 1974, most of it after 1970; while the total
population increased by 316 percent (tables2.4&2.5). During the
same period (table 2.6) the growth of the five largest cities was
phenomemal, particularly for Riyadh, Jeddah, Taif. According to
the census of 1974, 38 percent of the total population was
classified as urban, defined as population who are living in cities
of 30,000 and more. During the last decade (1970-1980)
significant changes in the distribution of population have occured
as shown in table 2.5 . The percentage of population living in the
large cities in 1980 reached 42 percent, and that of small towns
decreased from 20 percent to 12 percent. This change, in general,
may suggest that over 50 percent of the total population in 1980
were urban.
Urbanization is strongly associated with economic development
and the rate of economic growth. Thus countries with high GNP per
capita tend to have a higher urbanization level, and rapidly
growing economies are expected to urbanize repidly. Although
Saudi Arabia enjoys one of the highest GNP per capita among
developing countries, its high urbanization , level may not be a
sound indicator of the level of development. However, the country,
during of the last 15 years, has been urbanizing at an extremely
high rate. A study made by the United Nations measures the base
of urbanization in individual countries as the difference between
the growth rate of the urban population and that of the rural
population. I3 The same study estimated the differential rate for
Saudi Arabia for the period 1950-1970 at 4.43, and by cross-
45
country comparison Saudi Arabia was ranked 24 among the 124
countries reviewed.14
Basically, there are two major sources of urban growth: natural
growth and rural-urban migration. For some countries like Saudi
Arabia, international migration is an additional source.
Unfortunately, the relative share of each source is unknown
because of the lack of adequate and reliable data.
Migration plays a critical role in the growth process of national
economies and urban development. The historical expprjsnra DI
the developed countries suggests tint rural urban migration was
an indispensible result, and at the same time an important source
of economic growth. 15 The modernization of agriculture made
farm labour abundant, and the rapid growth of manufacturing and
later services required the transfer of the surplus labour from
rural areas to cities where the demand for labour exceeded the
available supply. Migration had influenced the industrial and urban
development. Rural migration in Saudi Arabia because of its late
urbanization, is a major source of urban population growth,
however, unlike that of the developed countries, it has been caused
by two different factors: the stagnation of agriculture (in the last
five years, agriculture has developed rapidly but with highly
modernized systems); and the rapid growth of the service sector
(and not much of manufacturing).16
It is suggested that in the free market and mixed economies the
decision to migrate rests on the individual. The case of Saudi
Arabia suggests that factors which influence rural-urban
Figure 2.7 : Distribution Of Allocation For The Second
Five- Year Plan(In million of riyals)
Economic resource development 92,135.0
Human resource development 80,123.9
Social development 33,212.8
Physical infrstruction development 112,944.6
administration 38,179.2
Defense 78,156.5
Other 63,4782
Total 498,2302
Source : R. LooneY , Saudi Arabia's Devlopment Potential, LexingtonBooks , 1982
46
migration are predominantly economic: a combination of wide
differences in the level of income and wages between rural and
urban areas.
Social factors have an influence on the migration decision. One of
the major forces of the rural-urban migration in Saudi Arabia is
"the availability of better social services...medical services are
free everywhere, but they are substantially better in the urban
areas". Cultural and recreational factors ln Saadi Arabia', aaleke
many countries, play rather a minor role in attracting rural
migrants to the cities. This is attributable to the fact that the
typical city entertainments found in other countries such as
theatres, movies, bars, etc., are prohibited by Islamic law.
Second, the flow of rural-urban migration is heavily directed
towards the large urban centers. The offical study of migrants
who were employed in the private sector in 1973 indicates that 61
percent of migrants went to Makkah, Tait, Medina, and Al-Khobar.17
The percentage of the population living in these cities, as it was
shown in Table 2.7, in the last decade increased substantially
(more than doubled), while that of intermediate and small-sized
cities decreased noticeably. The rapid rate of rural migration to
the cities has created tremendous pressure on the social services
and the urban infrastructure. According to the Area Handbook of
Saudi Arabia, "the rural to urban shift was greatly increasing the
growth of cities which were not prepared to handle this population
influx".18
47
2.7.2 The Context Of Urban Growth
Urban land development in Saudi Arabia, to a large extent , is a
direct response to economic and social changes which are largely
stimulated by government development plans. The pressure for
urban growth and consequently the development of urban land and
its patterns which emerge, cannot be properly understood without
an investigation of the broader development policies which are
being pursued. 011 revenues have enabled Saudi Arabia to embark
on development plans which are dramatic by any standards. The
action result on a series of Five-Year National Plans. The first one
from 1970 to 1975 and the second one from 1975 to 1980. By the
end of the Third Development Plan, the country will have
experienced growth, since 1970, over 13 percent per annum in the
output of goods and services, excluding the petroleum sector. By
1980, the First and the Second, already concluded a decade of
explosive growth and changes in every sector of life, economic,
physical, and social.
2.7.3 Development Plans
The first step in the creation of a planning apparatus was taken in
August 1958. Formal planning began when the Supreme Planning
Board replaced by the Central Planning Organization, the head of
which had direct contact with the King, and by 1975, the CPO was
elevated to the Ministry of Planning. By then, however, the country
was prepared to assimilate efficiently the vast increase in oil
revenues.
48
The general objective of economic and social development policy
has not fundamentally changed over three plan periods. They are to
maintain its religious and moral values and to raise the living
standards and welfare of its people. The First Plan, approved in
1970 was based on a very general statement of goals. Where the
Second Five Year Plan articulated these general aims more clearly,
although still in very broad terms. The total plan expenditure for
the public sector was set at SR 498.2 billion, with the amount
allocated for economic, manpower, and social development at
approximtely 64 percent of the total outlay (table 2.7 ). The main
features of the plan can be seen through the following goals:
- To maintain the religious and moral values of Islam.
- To assure the defense and internal security of the Kingdom.
- To maintain a high rate of economic growth by developing
economic resources, maximizing earnings from oil over the long
term, and conserving depletable resources.
- To reduce economic dependence on the export of crude oil.
- To develop human resources by education, training, and raising
standards of health.
- To increase the well-being of all groups within the society and
foster social stability under circumstances of rapid social change.
- To develop the physical infrastructure to support the
achievement of the above goals.
49
In general, the Third National Plan can be seen as a continuation of
the Second Plan. However, while the First and Second Development
Plans often have been characterized as infrastructure building, the
Third Development Plan has been more for industrial building and a
period of initial consolidation, the elimination of most physical
infrastructure bottlenecks, and the initiation of a more
comprehensive data collection and planning process. The expected
expenditures of the Third Plan, beginning in 1980, amounted to SR
782.8 billion . The following are some of the relative section
goals:
- Agriculture: The goals for this sector are an increase in
domestic food production, reclaimation of land and irrigation
projects and development of large farms.
- Roads: Construction is projected for 25.085 kilometers of
roads.
- Municipalities: There will be improvemenis and development of
towns and cities Kingdom wide.
- Housing: Construction is projected for 35,853 houses, primarily
in urban areas.
- Industrial: Allocations are projected for the continued
development and expansion of the industrial base via light
industry, located in cities and towns throughout the country, as
well as heavy industry, primarily at Jubial and Yanbu.
50
2.7.4 Urban Development Patterns
One of the marked characteristics of the urbanization process in
Saudi Arabia is its extremely rapid and strongly polarized growth
toward the metropolitan centers or the seven biggest cities (with
population of 100,000 and more). Urban polarization is reflected in
the less rapid expansion of these cities, particularly in the last
decade. The distribution of urban population by size of settlement,
Table 2.5 shows a high degree of concentration in a few large
cities.
Another important characteristic of the urban development pattern
is the excessive concentration of the country's industry, finance,
commerce, physical and social overhead capital, private
investment, capital assets, higher educational facilities, and
educated and skilled labour in the few large cities, and
particularly in three metropolitan centers, Riyadh, Jeddah and
Makkah, and the adjoining cities of Damman and Al-Khobar. Indeed,
these centers have a substantial share of the country's non-farm
economic activities far greater that their share of the national
population.
However, the national settlement policy which supposes to guide
the development of urban areas in Saudi Arabia can be summarized
in the following paragraphs. As a result of the development
policies and the natural constraints on development in a country
with a generally harsh physical environment, Ministry of Municipal
and Rural Affairs (the main ministry responsible for urban
planning) has formulated a National Settlement Strategy. This
51
was completed by 1978, and it is not clear how far the strategy is
used to coordinate or influence decisions of other government
agencies, or the extent to which it is merely an expression of the
basic trends identified above. However, it certainly appears to be
consistent with these trends, and has as its two major objectives:
the identification of the settlement, that have positive growth
potential, and a clarification of their economic functions; and the
promotion of a pattern of settlements which provides an economic
and sufficient distribution of basic services in the urban and rural
areas, and linking those settlements by the most appropriate
means of communications.
The major elements of the National Settlement Strategy involves
identification of a number of development areas into which, it is
hoped, new development will be Concentrated. There are, broadly,
four types of development areas. The first is the group of
settlements in the Eastern Region closely related to the extraction
processing, and distribution of oil. Although it is the Kingdom's
intention to diversify its economic base, clearly it is the oil-
related industries that are in the foreseeable future, and this
significance is reflected in the development area centered upon
Damman and Dharhan.19
The second major industrial development area is in the Western
Region, with Jeddah as its commercial and industrial centre.
Jeddah is already one of the most important urban centers in the
Kingdom, and its port continues to be improved and as large scale
petrochemical industries and other non-petroleum based
industries are developed.20
52
Other major developments in the Western Region relates to the
continued development of the Holy City of Makkah and the
expanding role of Tail as a tourist and government center. The
third category of development areas has already been mentioned:
the deliberate creation of new industrial centers at Jubail and
Yanbu as part of the policy of economic spatial diversification.
(Although investment in the new cities will initially concentrate
on industrial development.) The fourth category of development
areas is really a special case, the administrative and political
capital of Riyadh, and its surrounding areas. Clearly, this area
will gain in importance as the government's role in economic and
social development continues to increase.21
The final category of development areas is that comprising the
rural service center. Saudi Arabia is a large country, and much of
its population still lives in areas which are sparsely settled. The
National Settlement Strategy recognizes the impossibility of
providing very small villages with the range of services and
facilities which are needed to improve the standard and quality of
life. The approach which is being adopted as an alternative is to
identify one or more "major" rural settlements as the center of a
rural development area, in which offers as full a range as possible
of service and facilities will be provided.
However, the actual pattern of urban development is not
consistent with the above strategy, with exception of the two new
industrial city Yanbu and Jubail. Indeed, it can be argued that the
present pattern of urbanization is incompatible with the long run
53
national policy objectives. The national urban system, as was
shown before, is characterized by a- few large cities that
overdominate the entire system in terms of the distribution of
urban population and economic activities, fewer intermediate size
cities, and a relatively small number of markets and rural towns.
It will be argued here that the problem is not the urbanization per
se, but rather its rapid pace and strong polarization towards the
large cities on the one hand, and its excessive concentration in the
core region on the other.
Despite that, the urbanization process as a problem of itself is not
our interest and what we are concerned with is the consequences
and the impact of the process of the urban land development. Yet
it is of an importance to understand at this stage the nature of the
urbanization process which could help assist and explain the
actual problems of urban land development as a part of the overall
development-social, economic and cultural. Thus, the following
section will look at the consequences of the urbanization process.
2.7.5 The Problem Of Urban Development
The growth of urban areas in Saudi Arabia has been rapid,
especially in the last decade, and as a result serious social,
economic and physical problems have developed. It can be argued
that many of these problems have resulted not so much from the
strategy of urbanization per se but rather from the fast rate of
growth coupled with lack of efficient urban planning and urban
land management policies.
54
Growing at 7 or 8 percent, cities such as Riyadh and Jeddah may
double themselves every nine or ten years and may become very
difficult to manage and to costly to develop given the existing
planning and institutional structures. Harry Richardson points out
that "very rapid urban growth may make it difficult for city
governments to keep pace in supplying urban infrastructure and
basic services and may lead to a deterioration in evironmental
quality standards".22
The OECD in Managing Urban Change states three types of problems
that typify the situation in countries undergoing rapid continued
urbanization:23
- The difficulties and cost of providing adequate infrastructure
and other public services, especially in areas of rapid urban
growth and particularly when It involves Introducing services into
areas already developed. Related problems include how much users
and developers should pay for the benefits they received,
coordination among different serivces provided as well as between
land development practices and service provisions.
- The lack of effective land management, leading in many of the
rapidly urbanizing countries to residential expansion outstripping
and impeding the provision of public infrastructure, neighborhood
amenities and open spaces.
- The insufficient supply of land and shortage of adequate low-
cost dwelling units and scaricity of neighborhood services. The
quantity of housing in relation to the anticipated growth of the
urban population, as well as the quality of the housing, have
55
become important issues, to avoid the problem of illegal
development and squatting as well as urban sprawl.
In Saudi Arabia, the present growth rates of urban areas, may
exceed their absorptive capacity. It is inevitable that serious
urban problems, would accompany the vary rapid urbanization. It
was reported that rapid expansion of the major city of Jeddah,
Riyadh, Makkah and Tail have put considerable stress upon the
social infrastructure. Water and sewer lines and electrical supply
have not kept up with demand resulting in overloaded sewer pipes
and numerous brownouts. Thus, the main urban problem which has
been experienced during the last decade are: urban sprawl, lack of
community facilities and services, the difficultly in providing
essential public utilities, especially water and sewerage
networks, in step with the rapid pace of development, traffic
congestion, the dimensions of development which can be gauged
from the fact that imported cars increased dramatically from the
average of 6,000 cars per year in 1960 to more than 100,000
annually by 1974 and by 1980 this number doubled more that twice
and new development as well as the already developed lack of
cultural and environmental considerations.24
Urban sprawl is perhaps the most serious urban problem in the
Kingdom. It arises from the rapid rate of urban growth and a
sharpe increase in the cost of land and the speculation activities,
this causes other problems to emerge:
1- Low density development, which does not economically justify
the extension of public services.
56
2- The monotonous nature of the development and lack of
community identity and inadequate social and cultural
opportunities.
3- The waste of land resources in bypassed areas suitable for no.
economically productive uses.
The second major problem - lack of community facilities and
services: (this problem is different in terms of location and cause
from the above mentioned one, which is associated with urban
sprawl) many towns and cities in the Kingdom are experiencing a
great shortage of utilities and community facilities. These
shortages are existing in the old parts of the cities and towns and
those with high densities. Under the uncontrolled growth many
areas have changed their original land-uses and far exceeded their
original densities; consequently, these areas are experiencing
shortages in community facilities as well as their utilities
capabilities. For example, one observer wrote "although
considerable progress was made between 1970 and 1975, safe
water supplies and sewage networks in urban centers remained
sufficiently unsatisfactory to be considered a major health hazard.
The system in Jeddah may have been one of the worst having
capacities seriously below the level needed. Cesspools and septic
fields are the most common means of waste disposal".25
An urban society requires many social, cultural and governmental
institutions. These range from schools to public services,
administrative headquarters, recreation areas, etc. Saudi urban
areas, in the light of the highly rapid urbanization and urban
57
growth on one hand and the shortage of adequate supply of urban
land, because high cost or lack of means of acquiring land for
public purposes on the other hand, institution building like in
schools and other public buildings were not able to compete for
favourable locations and were relocated to unsuitable sites. In
some cases, when more space needed for school, the only
alternative was to overcrowd the already existing schools.26
Traffic congestion is one of the more recent problems to emerge in
Saudi Arabia. The dimension of the problem is, or has been noted,
indicated by the dramatic increase in car imports. However, the
problem is not only a rapidly increasing number of vehicles, but
also is compounded by the fact that existing urban patterns of
most towns and cities in the Kingdom is completely unsuited to
vehicle Valli C.27
Several processes are at work affecting the identity of Saudi
Arabian urban areas and are developing a pattern that is
inconsistent with cultural and environmental factors. The
government programmes to accommodate the rising number of
vehicle and other urban renewal plans. The efforts to widening
streets, pushing buildings backwards, light regulations, opening
the old city core and other land use plans and controls all of which
to accommodate the vehicle traffic without, almost, any
consideration to the other criteria, such as cultural, social habits
and environmental conditions. Another factor influencing urban
patterns, a manner contradictive with cultural and environmental
conditions, the nature of development of urban sprawl. Also, the
58
government intervention to control land use has been lacking an
element such as social habits and climatical conditions.
The fourth, even though is has a limited implication at our time,
the future consequences have a strong negative impact on the
country's major development policy, the conversion of agricultural
land to urban uses. Under the continued pressure of growth and the
limited availability of urban land, urban development has spread
over the adjacent agricultural areas. The process of conversion
has been incouraged by three factors: (I) greater return from urban
development than agricultural; (2) lack of government control
measures ; and (3) the suitability of agricultural land for urban
development.
In summary, the rapid rate of the urbanization process which is
taking place in Saudi Arabia since the late 1950s has generated a
great impact on urban growth. The feature of this impact reflects
the general theory relating to the nature of change as discussed in
the first part of the Chapter. The distinguishing nature of the
Saudi phenomenon is the rate of change and the astronomical
growth in the country's wealth.
59
Notes To Chapter II
1- L. S. Bourne and others, 1984, pg. 5.
2- For more information on this subject see: Ronald Johnes, "Essays On World Urbanization", 1975.
3- V. Castello, 1977, pg. VIII.
4- World Bank, World Development Report, 1981.
5- For more information see: H. Caminos and R. Goethert, 1978.
6- See: V. Castello, "Urbanization In The Middle East", 1977.
7- L. Bourne, 170-179.
8-0. Drabkin, 1977, pg. 9-23.
9-The issues of new town, settlement policies, etc. discussed in G. Golany, "International Urban Growth Policies: New Town Contributions", Wiley, 1978.
10- Al-Qadi, 1979,pg.
11-Central Department of Statistics, The Population Census, 1974.
12-A. Al-Ibrahim, "Regional And Urban Development In Saudi Arabia", unpublished PhD., 1982, pg. 230-270.
13-Second National Plan, 1975, pg. 98.
14-United Nations, Urban Rural Projections From 1950 to 2000, 1974. Cited from: Bertrand Renauds National Urbanization Policies in Developing Countries, pg. 22.
15-Al-Ibrahim, pg. 246.
16-Third National Plan, pg. 61-68.
6o
17-Al-Ibrahim, pg. 249.
18-Nyrop, Area Handbook, pg. 65.
29-Abdal-Majeed Daghistani end Colin Lee, -Urban Planning And Development In Saudi Arabia", 1982, pg. 142-143.
20-Ibid. pg.146-148.
21-Ibid, pg.149-150.
22-Harry Richardson, pg. 15.
23-Organization for economic co-operation and development, "Managing Urban Change", Vol. I Policies and Finance, Paris, 1983, pg. 10-11.
24-Al-Qadi, 1979, p g. 17.
25-Abdal-Majeed Daghistani, 1982, pg. 142.
26-Al-Qadi, 1979,
61
CHAPTER III: LAND DEVELOPMENT ELEMENTS AND POLICY
ISSUES
3.1 INTRODUCTION
The following sections of this Chapter discuss the different
elements of urban land development by which a piece of land,
whether large or small, can be described and through which
changes can be analysed separately and in detail. Land can be
defined as a piece of ground and, in the context of this study, the
definition refers to all sizes of land from small plots to large
areas such as cities or regions. The concept of land includes not
only the ground but also the earth below and the air above it.
However, each section covers the fundamental and the scientific
bases which should be taken into account while reviewing,
evaluating and formulating or modifying the policies of urban land
development in Saudi Arabia.
3.2 PHYSICAL ENVIROMENT
The physical environment of land is one of the major elements that
influence land development, and consequently it plays an important
role in formulating urban land development policies. Physical
environment includes ground conditions of a piece of land-soil
conditions, geotechnical condition, groundwater, mineralogical
conditions, ground levels and land farm (see Chapter 4).
62
3.3 LAND OWNERSHIP
The social, economic, cultural and political structure define the
concept of ownership. The extent to which an individual has rights
to land is related to its socio-economic context within which
rights are defined and the accessibility to ownership is
determined. Darm-Drabkin argued that the concept of land
ownership is dependent upon the means used by government to
control it. 1 For example, the extent to which governments in expropriate land is a control mechanism that defines the concept
of private ownerships. In general, a variety of ownership concepts
exists, ranging from individual to communal to public, and in some
cases the ownership form is associated with the use that can be
made of the land. Also, the idea of ownership is related to land
titles. Where the registration system is loose and obscure the
exchange of land and the acquisition of large quantities of land or
a group of parcels may be quite difficult. However, there has been
a growing concern that the concept of land ownership should
emphasize the role of land as a natural resource, and that its use
should benefit the whole of society.
Land ownership (tenure) systems embody those legal, contractual
or customary arrangements whereby individuals or organizations
gain access to economic or social opportunities through land. The
precise form of tenure is constituted by the rules and procedure
which govern the rights and responsibilities of both individuals
and groups in the use and control over basic resource of land. A
distinction can be found between the group of systems that
63
separate property from possession and those that do not. The
western tradition of Napoleonic and English common law defines
property separately from possesion, with the latter considering
rights in terms of what use may be made of the land. African
tenure systems, as a whole, do not make such a distinction, due to
the basically communal organization of land ownership. Cultural
traditions can determine both modes of ownership and the
restrictions that exist on the use of land.2
3.3.1 Factors Influence The Concept Of Land Ownerships
Socio-Economic: The concept of land ownerships has responded to
the changing role of land in the socio-economic environment. For
example, the concept was quite different in the time when people
wandered about, surviving by means of hunting, from what it
became when they eventually settled down and developed an
agricultural economy. Later, with the advent of urbanization, the
concept was again altered to encompass industrial and other urban
use and needs. In Europe, for example, ownership rights became an
inherent part of the rights of the individual. This was in reaction
to the feudal situation where in the individual retained rights of
land use but not ownership. With the coming of the Industrial
Revolution and its consequent development, needs arose which
could only be met through collective actions. Such public works as
roads, power stations, government buildings and efforts towards
urban reconstruction and renewal, required some degree of
governmental control of individual rights. Thas, although efforts
have been made to ensure the rights of private ownerships, these
must not be in contradiction with community needs.
64
Government Control and Regulation: The degree to which
government excerises the control of land, by regulation or by
retention of property rights, determines practically the way the
concept of land ownership is defined. Governments may define
ownership either constitutionally or legislatively, and by the
powers they can use to acquire private land for public use, such as
expropriation. It may entail the designation of the individual
versus collective rights. In some countries, land is considered to
be given in part to individuals. In North America, the right of
eminent domain allows governments (local, state, federal), to
acquire private property for public purposes with compensation.
This procedure can involve the procurement of some or all property
rights, and can be forced by means of condemnation. Two other
means of government control that affect land ownership are
taxation and escheat. Escheat is a power reserved by mans'
government's throughout the world, and means that if parties
possessing legal title to land fail to hold it, the property reverts
to the state.
Recently, the notion of land ownership has been undergoing change
and is causing much concern. Property rights, in this context,
would relate to the role land has had for society, rather that
merely for the individual owner. Although, a distinction has been
made between ownerships of land and the possession of property
rights, the question remains as to who shall benefit from land use.
The concept of land ownership maybe viewed as encompassing
those rights which the individual retains. In the case of
urbanization, the problem has been the rigidity of property rights
65
and their regulation by legal controls. They "are not adoptable to
the dynamics of urbanization and they have a pernicious influence
on shaping the environment in human settlements, as they only
respond to narrow profit motives of individual owners and
disregard the need of the environments and societies". 3 With the
rapidity of urban development, the need has been recognized for
the acquisition of land for the implementation of development
plans, and that this is a legitimate public purpose. This trend
indicates that such a concept of land ownership entailing its
considerations as a natural resource is similar to the original
concept of communal land ownership.
3.3.2 Basic Proprietary Categories
Non Formal: Land occupied and used without permission from its
owner - a form of tenure known as "squatting" - represents a high
proportion of the residentially occupied area of most cities in
developing countries; specifically, slums and shanty towns of,
those cities, have been built on land acquired by "De Facto".
However, this form of ownership and use is not recognized by law.
Private Freehold: The most familiar form of tenure is private
freehold, in which a private Individual or corporation owns
outright, and market forces dictate land use and disposition,
except to the degree that public controls apply.
Private Leasehold: In private leaseholds a private owner lesses to
a private individual or firm for a given term of years, possibly
66
with restrictions It can be applied to all categories of property:
residential, commercial, and industrial.
Public Freehold: Public freehold exists when a government agency
is full owner of the land. In an urban context, it generally applies
to land directly used by the public, such as parks, roadways, and
sites for public buildings. Nationally the government may own
vast areas of the country for forestry, conservation, mineral and
oil resources, recreation or other uses. As urban areas spread,
these nationally owned areas, once considered completely rural,
may take on great importance for orderly urban development. One
problem, therefore, in many countries is to establish institutions
that will permit the efficient transfer of such public land into
urban areas when appropriate. Another form of public freehold is
the new town. A public agency may acquire the total site, hold it
during major construction, then dispose of it, for example, through
public leasehold, to allow further private-public ownership is the
"company town" but it is dying out almost everywhere.
Public Leasehold: When a public agency owning land leases or rent
to a private individual or firm for a specific period of time the
tenure created is called public leasehold. One of the most frequent
proposals for tenurial reform is that most developable urban land
should be held in this type of tenure. Public agencies may also
lease form private owners, but this rarely occurs.
Communal Ownership (Tribal): Probably the oldest form of land
tenure is communal or tribal ownerships. Territory controlled by
the tribe is considered the personal property not of any firm or
67
family but of the group as a whole, with the tribe allocating
specific sites for housing and agriculture to individuals and
resolving any disputes. Where this concept has changed radically,
overtones still remain in the doctrine of expropriation and in
modern arguments that all land ownership is a type of
stewardship, a public trust under which private persons must have
due regard to the general rights of society. This applies
particularly when other national resources are involved.
Communal Ownership (Neighbourhood): A small but possibly
growing phenomenon in developing countries is that of low-income
neighborhoods pooling land ownership and giving control over
alienability and price to some self-created neighborhood
organizations.
3.3.3 The Impact Of Ownership Patterns On Urban Development
Land ownership patterns are a major (actor influencing urban
growth and urban structure, because the concept of land ownership
responds slowly to socio-economic changes. Ownership has been
defined as the possession of rights, and the extent to which
government or an equivalent coordinating group retains part or all
of these rights. Thus, the effect of ownership patterns on urban
structure relates to the ability of government to regulate the
patterns of development. In many countries, the concept of "public
Purpose" has been expanded so as to encompass the implementation
of urban development schemes. This definitional change permits
governments to acquire land, obtaining ownership rights, for
purposes of development. Ideal for this purpose is the pattern of
68
land ownership that appears In some of the socialist countries. In
Eastern Europe, the governments have acquired considerable
amounts of land, available for both rural and urban uses, above and
beyond those currently in such usage. In these nations where
private land ownershp persists, various legal means appear for the
expropriation of land for urban purposes.4
In contrast, the power of the government to control or direct the
formation of urban structure is more restricted in those countries
where is a greater retention of ownership riyhts by individuals. In
these cases government influence development throught the
prosecution of some public purpose project and through regulatory
powers. Such powers li‘ce zoning, subdWis\on tolAriAs Int N.Vt
more indirect tools, such as taxation, annexation and the provision
of public services, influence not only the location of uses but also
the form in which they occur. For example, a major problem
encountered in many countries is sprawl, the wasteful
consumption of urban land. Zoning and other means of land-use
controls have encouraged this pattern of urban development by
such restrictions as minimum lot sizes and set-back controls. The
same methods have promoted single-family housing at the expense
of multiple family units, which represent a potentially more
efficient use of land. Governments have, in this case, acted so as
to promote this form of ownership, of single-family units on large
lots, by individual owners, which has produced a sprawling urban
structure. It might be concluded, depending upon one's attitudes
towards this development pattern, that the use of some regulatory
measures have been counter-productive.
69
A number of consequences are associated with ownership patterns.
They include the ways in which land ownership can prevent the
provision of adequate urban services, including housing and the
disruptive effect that individual decisions can have on urban
structure. When ownership decisions are not coordinated by some
sort of land policy, a situation that exists in some parts of the
Middle Ease and the Far East, intense overcrowding results. In this
situation, the poor cannot afford any mode of ownership, and are
forced into the already insufficient supply of housing units. In
contrast, the oil producing . countries where urban structure
experience the two extremes, low-density and high-density. This
is produced by individual decision making and a pattern of
ownership which limits and restricts the housing supply available
to a significant portion of the population. In any case, it seems
clear that ownership patterns have a direct impact on urban
structure.
3.3.4 Public Ownership Of Land
The Declaration of Principles which resulted from the United
Nations Conference stated that "public ownership transitional or
permanent, should be used, whenever appropriate, to secure and
control areas of urban expansion and protection; and to implement a
urban and rural reform process, and supply serviced land at price
levels which can secure socially acceptable patterns of
development - .5 For this reason and others , governments in various
countries have been exercising the right of appropriation as well
as the participation in land markets by purchasing or selling land
for the purpose of land development control. In the following
70
sections I review most of the general methods and rights of public
ownership of land.
Expropriation For Public Purpose
A major right of public authorities in terms of acquiring the
ownerships of land for public purposes is that of expropriation.
The common law of England specified that authorities may
exercise the right of eminent domain for public purposes, and this
precedent has been followed by a number of nations. Individual
nations determine which level of government and which specific
agencies therein may exercise such a right and under what
conditions. Justification for such rights varies from country to
country, due to the differences in tradition and ideology.
Generally, the procedures in countries providing for the power of
expropriation provide a vehicle by which the designation of public
purpose may be contested, thus requiring the taking authority to
justify its decision. Consequently, there is considerable debate
over what does not constitute a public purpose. The notion of
public purpose will vary through time and among different
countries.6
Pre-emption Rights
Pre-emption rights are a variation of the public acquisition of land
and are also known as the right of first priority. This allows a
public authority a greater opportunity to acquire land when a
private owner desires to sell. Where such rights exist, the owner
71
of the property must first offer his land for sale to the public
authority before offering his land for sale to the public or other
private parties. If the public authority expresses no interest in
the property then the owner may sell the property to a private
party. Such rights are of particular importance to urban
development because in anticipation of growth land may be
specified, and planned areas of the requisite size needed for the
implementation of long-term development programmes may be
delegated and once this is done, the area is restricted In terms of
the transportation that can be made.
Compensation
The matter of compensation did not appear with the inital exercise
of eminent domain, but appeared after its designation in the
- Magna Carta". In the United States, the Supreme Court did not
hold the payment of compensation to be necessary until 1897.
Countries designate within their legislation the bases for
determining the amount deemed to be just compensation. The
generally accepted standard is the market value of the property.
But the problem is to reach agreement on what the market value of
the property is, and this has caused considerable difficulty since
there is no scientific procedure for determining market value in
the absence of a sale to a willing buyer. Generally, the opinion of
experienced real estate appraisers is used, but other procedures
have also been applied.
72
Frequently, in order to expedite the process and arrive at a
reasonable and fair price, transactions made recently on similar
sites in close proximity to the property being considered are used
to establish a benchmark value. However, variations may among
cities are many and it is difficult to find any direct
correspondence, and even then, two individuals may value the same
article differently. Thus, establishing a price almost inevitably
leads to a great time consuming processes.
Establishing compensation normally revolves around expert
opinions, whose findings may be disputed through either
administrative means or in the courts, and the process is generally
costly in terms of time and financial expense. However, in most
countries compensation is required for the exercise of the right of
expropriation?
3.4 LAND VALUES AND LAND PRICES
The term "land value", and "land price" are often used to identify
the price of land prevailing in the market. Although in practice no
distinction is frequently made between land value and land price,
the two terms actually refers to different things.
Urban land value is the expression of highest and best use. In
other words, the most intense use of which the plot of land is
suited determines the value. Viewed in this way, public decisions
which set the kind of use and provide infrastructure and
accessibility to a site greatly effect the value of land. The term,
land value, refers to the use to which the land might be put.
73
Ideally, the land price reflects the value on highest and best use to
which the land may be put. In the case of urban land, land prices
do not always reflect land value because of the unique
characteristic of the commodity and the market which allocates
land. Thus, the price of urban land not only reflects its present
value (present use), but often reflects the potential use likely to
occur in the future. The result of this distinction between land
value and land price is that it is possible to speculate on the
potential use of a plot of land, purchase it at one price and resell
It when its potential use is realizable.
3.4.1 Factors Influencing Land Prices
Land prices are the reflection of numbers of the interaction of a
number of forces. Although the exact degree of influence is not
known, five major forces seem to be influential in shaping land
prices. These are: urban population growth, speculation, land use
differences, public improvements and public planning and
development porgrammes.
1-Urban Population Growth
As a result of urbanization and the movement of people from the
centre of urban areas to the suburbs, urban land prices have risen
much faster that prices for agricultural land.
A study of population changes in relation to urban land prices, by
Darin-Drabkin, shows the relationship between land prices and
74
population growth. However, the rate of population growth by
itself, is not an explanatory variable, rates of land, price increase.
Similarly, a higher rate of population growth in one community
must not necessarily lead to a higher rate of land-price increase
in comparison with another community with a lower growth rate.8
2-Speculation
The rapid influx of people into urban regions and the spread of
those regions have promoted holders and purchasers of vacant land
within the outskirts of metropolitan areas to hold on to land in
hopes of receiving higher prices at some future time. This
phenomenon is usually termed speculation and has serious impacts
on the supply of land available for urban development and on the
patterns of urban expansion.
Speculation on price increase in urban land occurs extensively in
developing countries where there are fewer alternative and safe
investment opportunities. People with capital to invest often
choose land because it is a safe investment, yeilding, on the
average, a fairly high rate of return?
3-Land Use Differences
All land adjacent and within urban areas do not increase or
decrease in price at the same rate. In fact, it appears as if
commercial sites behave quite differently than land suitable for
residential purposes. To the degree that the size of the lot,
location and availability of improvements determine the use to
75
which a parcel might be put, they affect the behaviour of the land's
price. Generally speaking, on land that has been provided with
improvement the increase is slower than that of vacant land.
Thus, several patterns of land price increases can be established
within a single urban area on the basis of suitability for different
types of uses.
Public Planning And Development Programmes
Planning and development work undertaken with public funds help
to influence the increase in land values. In many countries, the
provision of public services and development of public land uses
directly shape the pattern of surrounding land uses and thereby
affect the value of adjacent property.
The availability of the needed public services which make raw land
suitable for urban use greatly enhances the value of the raw land.
In Saudi Arabia, the construction of the New Jeddah Makkah
Highway, increased land values on both sides of the highway from
$0.75 per square meter to $70 per square meter in 1975.
3.4.2 Implications Of The Cost Of Urban Land
The impact of the continual rise n the cost of urban land have
directly affected the housing industry, the provision of
infrastructure and public facilities and, in general, have had a
negative influence on the over-all pattern of development.
76
Where the private development sector is the major force active in
developing urban land, there is always a tendency to move the edge
of the city further outward to avoid paying the higher land costs
found closer in. This pattern of growth increases the cost of
providing services by forcing the extensions of the services into
sparsely populated areas, which cannot bear the full cost of the
extensions.m
The high cost of urban land has a direct influence on the location
of public institutions. Residential, commercial and industrial land
uses usually precedes the development of public institutions.
When the demand for these services is sufficiently high, the value
of the land rises substantially and the more optimal location tend
to be put to other uses. Therefore, when these facilities are
constructed, they often become extremely expensive and
sometimes get located in unsuitable locations. On the other hand,
facilities, such as roads, exert a very direct influence on future
land use patterns. Land costs are very large factors in
determining the location of these types of facilities and of the
effectiveness of cost saving efforts by governments. These
locational decisions may, in turn, result in land use patterns which
further aggrivate pressure on other types of services, e.g. housing,
schools, etc.
3.4.3 Social And Economic Land Values
Land has always had an economic value based on its productivity or
its potential use in an urban setting. Recently, people have become
increasingly aware of the value of land as a natural resource
which needs to be preserved and which cannot be replaced at any
77
price. Often, the natural resource value of land and the economic
use to which It can be put are in conflict. In most of the existing
land use control measures and policies, often do not reflect the
natural resource or social value of land. Land is a fixed resource
which cannot be appreciably increased, it is an economic
commodity for which there is no substitute. These facts require
that land be put to its highest and best use in terms of social as
well as economic values.11
3.5 LAND USE
Growth takes many forms - more people, more homes, more
schools, new job opportunities and so on. There can be growth in
many directions, on different scales and on a diverse frontive -
spatial, institutional and cultural, for example. Land is the
platform of all previous growth and changes and thus it provides
them the necessary accommodations. Therefore, the operation of
land use regulations at the national, regional and local levels
become one of the most important means of guiding land
development.
The immediate reason for intervention is usually the need for land
for roads, utilities and other public services or because of
spillover effects, the tendency for the use of land for one purpose
to result in costs or benefits to users elsewhere. In an
uncontrolled land market, individual owners and users have little
incentive to take account of the costs (or benefits) they impose on
others. So governments may provide financial incentives in the
form of taxes or subsidies. Where the spillover effects are
78
locationally specific, governments may impose direct controls
that require individuals to use land in ways which benefit the
community as a whole or at least create no serious harm.
Regulating land use in the community interest involves more that
the recognition of spillover effects on contiguous land. One
objective is to provide public amenities, such as open space, which
would be unlikely to be privately produced. Another Is to increase
efficienty, for example, by guiding development and redevelopment
of land to more desirable purposes, limiting urban sprawl and
unnecessary encroachment on agricultural land. Finally, there are
distributional aims such as making land available for all groups in
the community and ensuring that the benefits of development go
the the community as a whole.
The five most common forms of land use regulation and control
are: zoning, subdivisions, building regulations, approval by
government agencies, and urban planning. The first three provide a
hierarchy of regulatory techniques covering different size of land
area and level of detail. These three instruments are normally
used in conjunction and, indeed, often include elements of one
another. They are, however, by no means always determined by the
same group of decision makers.
Agency (authority) approval Is the usual method of implementing
the regulations specified under the first three controls. However,
the approval procedure merits separate consideration since in
many cases it is operated by one or more organizations completely
unrelated to the planning bodies determining the regulations. The
79
urban plan also requires individual treatment. Although, it usuallg
employs the techniques already discussed, it is a far more
comprehensive tool, involving the more positive government
powers of investment, acquisition, taxation, and subsidy, and other
direct involvement in urban development.
3.5.1 Zoning
Zoning is the demarcation of a city by ordinances and the
establishment of regulations to govern the use of the zoned land.
It also includes general rules about location, bulk, height, and thus
plot ratios, shape, use and coverage of structures within each
zone. It is an attempt to organize and systematize the growth of
urban areas by setting up categories, classes, or districts of land
in the community, prescribing the use to which buildings and land
may be put, and applying uniform restrictions on the shape and
placement of buildings. The main objective of such regulations are
to improve efficiency (which includes restricting uses to
particular areas to limit adverse spillover effects), to promote
agglomeration benefits, to specify minimum health and safety
requirements, and to provide land for public goods and services.
Zoning is also used to affect the distribution of benefits,
especially the protection of the rights of existing owners,
although it can be used more positively to released land for
redistributional purposes such as low-income housing.
First introduced in the U.S.A., American cities developed an
alternative to the traditional common law nuisance doctrine. This
alternative was initially based on the idea that the nuisance law
80
could logically be extended to allow municipalities to use their
policy power to regulate all aspects of land use. Policy power is
the inherent right of a municipality to govern the community in
order to provide for the "health, safety, morals, or general
welfare" of the community. Out of this extension of policy power
grew what sometimes has been described as the "tool" of land use
regulation - zoning.
The first Amercian zoning laws were developed in Washington, Los
Angeles and Boston and involved regulation of land use and/or size
of building. The concerns of the Fifth Avenue Association
ultimately led to creation of a commission which drafted the New
York zoning ordinance of 1916, the first comprehensive zoning
ordinance to be adopted by an Amercian city. New York's ordinance
set specific requirements for land use districts, areas, lot
coverage and height of buildings, all of which were subsequently
held valid by the courts.12
Exclusionary Zoning
As zoning became more and more popular, the legality and the
constitutionality of it came under increasing critisim. The first
judicial articulation of this concern was in 1926, Village of Euclid
vs. Ambler Reality. In 1962, Vickers vs. Township of Gloucester
resulted in the court rule that "Certainly general welfare does not
automatically mean whatever the municipality says, it does,
reguardless of who is hurt and how much...general welfare
transcends the artificial limits of political subdivisions and
cannot embrace merely narrow local desires". 19 Since then,
81
various court cases took place to question amount the validity of
traditional zoning as a method to control land use and protect
justice in the community welfare. These criticisms can be
summarized as follows:
- Social Injustice
- Rigidity
- Prevent Design Innovation
As a result of the above criticisms, traditional zoning has been
undergoing replacement and/or modification to overcome the
weaknesses which result from its ridgity and discriminatory
nature. Such attempts are summarized in Table 3.1.13
3.5.2 Subdivision Regulations
Subdivision regulations govern the development of raw land for
residential or other purposes. They prescribe standards for lot
sizes and layout, street improvements, procedures for lot sizes
and layout, procedures for dedicating private land to public
purposes, and other requirements in far more detail than in the
zoning plan. They also include procedure for filing maps and for
receiving the approval of the public departments that grant
permission. The main objective of such detailed controls is to
ensure that developments take account of the community's need
for public goods and services, of minimum standard requirements,
and of immediate spillovers of costs and benefits.
The subdivision of land prior to development is one of the most
important determinants of neighborhood patterns. Once the size
Table 3.1: Techniques of Controlling Growth (Type of Regulation)
Public acquisition Fee simple acquisition Less than fee simple acquisition Land Banking Compensable regulation
Public improvements Location of facilities Access to existing facilities
Environmental controls Floodplains, wetlands, slopes, etc. Critical areas Developments of regional impact Pollution controls
Development rights transfer Restrictive covenants Zoning techniques
Conventional zoning Conditional zoning Contract zoning Planned unit development Flexible zoning Performance standards Bonus and incentive zoning Floating zones Special permit Variance
Miscellaneous management and planning activities Moratoriums and interim controls Administrative delays Analysis of benefits vs. costs, environ- mental impact, carrying capacity, etc.
Conventional subdivision regulations Zoning/subdivision regulation/ building codes used for permanent population regulation
Exclusive nonresidential zones Exclusion of specified types of housing (mobile home, multiple family, etc.) Minimum floor area or lot size Height restrictions
Zoning or other off-site regulations/ exactions and other requirements
Mandatory dedication of land or capital Low-income housing requirements
Tax and fee systems Urban and rural service areas User and benefits fees Special assessment Preferential taxation Development distr
Annexation Timing of infrastructure development (capital programming) Numerical limits and quotas
Total population goals Annual limit on building permits Fair share allocations
Source: After Michael E. Gleeson et. al., Urban Growth Management Systems (Chicago: American Society of Planning Officals, 1975), pp. 8-9, and David P. Godchalk, Constitutional Issues of Growth and Management (Chicago: American Society of Planning Officials, 1977), pp. 12-13.
82
and shape of lots have been defined, the essential character of
land uses, street patterns and public utilities is determined. Lot
size and shape also strongly affect the type, size and quality of
structures and the density of population.
The regulation and planning of subdivision on the outskirts of
cities are widely accepted as essential to development. Proper
and timely planning of expansion can preserve the sound structure
of cities in the long term. An important element is the dedication
of land for public purposes. In Canada, for instance, planning
authorities may take as much as 40 to 50 percent of a private
developers land for open spaces and other public uses. In some
cities of Latin Amercia, property owners contribute considerable
land for street widening and parks.14
Many developing countries use this approach to the regulation of
private development and to the specification of public
involvement. In the Middle East (Iran, Iraq, Saudi Arabia)
subdivision controls, usually administered by the municipalities,
determine the essential character of neighborhood for a long time
in the future. The original subdivision of rural land, the
arrangement of the streets, the dimensions and shapes of the block
lots, and the provision of urban spaces and public buildings must
conform to national regulations.
Subdivision regulations have proven a powerful tool in assisting
and controlling suburbanization in the United States, for instance,
and in France where public control over detailed plans has existed
for fifty years. But needs and conditions of developing countries
83
require a significantly different set of standards, more flexible,
more able to take account of rapid changes, more clearly related to
local conditions and standards of living, and more easily
implemented. Current standards are often too high, too detailed
and inflexible, unrelated to local conditions and often even to the
planning objectives of the community. Moreover, the control of
subdivisions is usually in local political hands and may be
manipulated to protect the vested interests of the few rather than
to foster the interest of the many.15
3.5.3 Building Regulations
Building regulations limit or define the way new structures are to
be built and the materials to be used. They may prohibit the
erection of any structure whatever or restrict the style of
architecture, the cost of the structure, the materials, the position
of the building on the lot or its distance from the street, its
height or depth. Also, building regulations have included
requirements for parks, parking and other amenities as a condition
for approval of a subdivision or street pattern. They may also
include controls over the use to which the building may be put for
example, for residential purposes only or for specified types of
enterprises - as well as minimum conditions which a dwelling
must meet to be regarded as fit for human habitatism. They may
be in the form of building and housing codes legislated at the
national or, more usually, the local level, or they may be written
into deeds or other instruments or part of the contractual
agreement.
64
Their main objective is that of securing socially acceptable
minimum standards. Originally there were three main reasons for
such regulations, fire protection, structural safety, and sanitation.
Today, codes include not only a far wider range of protection but
often aesthetic considerations as well. In addition, they are seen
as important devices for preventing the deterioration of the
housing stock and a tool to implement zoning density regulations,
for the purpose of, e.g. utilities, community services, etc.
In many circumstances the capacity to implement regulations may
be increased by reducing general standards while maintaining
minimum standards for health and safety, perhaps with the
assistance of a subsidy. Site-and-service schemes have been
designed in this way in the Philippines, Korea, Keyna and Jamaica,
to mention a few examples. They point the way to a more positive
definitiun of building regulations as a series of performance
standards rather that as inflexible imput requirements and
constraints Clear statements of what will satisfy each regulation
allow producers to take local physical conditions into account. . In
determining output standards of this type, what consumers can
afford to pay, including what government or international agencies
are prepared to subsidize, must be kept in mind. Initially, they
should be designed to deal only with the most immediate social
needs, but over time, as standards of living raise, they can be
adjusted upward to take account of other factors.
3.5.4 Approval By Government Agencies
85
Approval by government agencies is the main way in which
controls over development rights, subdivisions, and building are
enforced. Generally, building permits are required to ensure
compliance with the local bylaws and in some cases with the
general city plan. A building permit is usually granted tentatively
on the basis of schematic debigns of the proposed building or group
of buildings prepared in line with zoning subdivisions, and building
regulations. The designs are finally approved when the full set of
contract documents are available. These documents are stamped,
filed and recorded so that the development is designed as
conforming to requirements.
Government agencies also have the power to deny permission to
build, and this is perhaps their most important control, although a
refusal to issue a permanent permit may sometimes be challanged
if it is thought to be unreasonable. Most governments of
developing countries empower building or zoning inspectors to
deny permission for development which is incompatible with
public regulations. In most cases this power is exercised only
sporadically. Where it is used it may have other purposes that to
bring about complications with regulations. For instance, some
countries use the denial technique to force minorities or nationals
of other countries into joint ventures with local businessmen, as
well as to prevent urban sprawl. The power often extends to the
right to demolish buildings which do not comply with the
regulations or to fine owners of nonconforming units. The most
usual use of this power is in relation to the destruction of
squatter settlements, but it may also be applied to buildings
86
within the formal sector, whether residential, commercial or (less
often) industrial.
A major difficulty is "the proliferation of agencies involved in any
particular development and the lack of interaction between those
that enforce the ordinance and those that operate them". Moreover,
there is no necessary relationship between the capacity to obtain
one set of permissions and another. This problem is, by no means
confined to the developing countries. In cities in the U.S., for
example, the process may include several reviews with local and
federal fine arts commission, many separate meetings with the
building department and with the zoning commission, and several
meetings with the general councils office of the local government.
3.5.5 Land-Use Planning And Land-Use Plan (Urban Planning)
Land-use planning functions within the scope of comprehensive
planning to distribute spatial resources to fulfil social needs.
There are two main reasons why it is necessary for governments
to regulate and control land-use and the returns from land. First,
private decision-making does not take into account the full range
of spill-over effects, such as the social costs and benefits from
land use. This prevents a rational pattern of land uses from
developing. Secondly, and of major concern to both comprehensive
planning and land-use planning, social priorities and goals exist
which the private market does not and cannot accommodate. Land
use planning commonly occurs at the local level, in keeping with
regional planning, and it is conducted to direct spatial
87
development so that it will conform to and serve the goals set by
the process of comprehensive planning.
The process of land use planning functions so as to prevent the
land market from operating at cross purposes with those of
comprehensive planning. Land-use planning can determine the
location, timing and coordination of investments made by
government, and the regulation of the use of private land.
Land use planning functions at lower level, of authority due to the
specifically local nature of the factors that determine the
componants of a pattern of land uses. In practice, it specifies
types of land uses, the amount of land needed for each use, and the
spatial relationships among the various uses. The ultimate
product is a model or plan for land uses that designates their
pattern for urban development.
The means to implement land use plans include both direct public
action and the direction of private decision-making through
administrative, legal, fiscal and other means of land-use
regulation. Such activities require the coordination of public
efforts within a proper institutional context. Means such as
building, zoning and subdivision regulations, permits for
development, licences, plans for the construction of public works
and capital budgeting should be available for this purpose, along
with the continuing review within the planning function itself.
Effective implementation is not limited to carrying out any
specific plan, but entails a continuing activity within the land-use
planning process.
88
Land-use planning may be influenced at the regional level by both
regulations and public expenditure and investment programmes. In
the United States, for instance, the states enact planning, enabling
legislation, which in turn permits local authorities to engage in
land use planning and the implementation of plans. The retention
by the status of the power to plan, allows state governments to
delegate this authority not only to municipalities but to other
governmental agencies as well. The state legislature of New York
created an Urban Development Corporation which has such powers
or the right to condem land and to waive local land use regulations.
Although such legislation includes an increased interest at the
state level in land-use planning, local authorities still then to
retain the most control over land-use.
In developing countries, many of whose cities do not possess the
ability or the power to undertake effective land-use planning,
neither planning nor the commitant tools for regulation of land use
exist. Where present, they may be readily ignored or radically
outdated. Planning that is carried out deals specifically with the
use made of land within municipal boundaries and thus ignores the
problems encountered in the development of metropolitan areas.
Moreover, necessary regulations and the scheduling of capital
improvements are often lacking as well. Although plans may be
developed by central governments, they usually focus on a specific
problem, such as resettlements, new town construction on holy
cities. Regional plans may not elicit conformity at the local level,
and many countries are faced with a major problem of organizing
for planning and the enforcement and implementation of plans. A
69
lack of trained personnel and data, and rigid planning procedures
inhibit the efforts necessary to regulate development.
Such problems are not unique to developing countries. Many cities
in the developed nations do not undertake comprehensive land-use
planning, but govern development solely through the enforcement
of zoning and subdivision regulations. As in the developing
nations, such control activities are often limited by jurisdictional
boundaries. Metropolitan planning and plans have been difficult to
Implement due to the lack of either political or legal powers to
overcome intercommunity competition and conflicts.
A major dichotomy may appear between land-use plans and land-
use planning as a process. The former has tended to be a static
concept in which specific land uses are identified on a map ot the
community, which in turn becomes the model for guiding land-use
decisions over some specified period of time. Elsewhere, planning
is conceived as a continuing process, wherein recommendations
for land use, densities and locations of uses are made and are re-
evaluated in view of changing needs and circumstances. The first
may be applicable to an area no longer growing, but even in this
case its applicability may be questioned. Thus, concern has
increased to modify the form of traditional land-use plans,
especially in orders to accommodate the dynamic processes that
Influence land uses. A further distinction is made regarding
whether or not a plan itself should be binding. If the land-use plan
were binding and require conformance to its recommedations, then
it would be "imperative". However, if the plan serves as a guide,
then it would be "indicative", planning for land use may be
90
indicative when the planning authority has little power, is not
directly concerned with growth, or has few tools by which to
control development or to implement its recommendations.
When tools exists in the absence of plans, they may well freeze
patterns of land use according to legislative intent, rather that in
the context of a plan. Static plans, plans without power, and tools
without plans are themselves major barriers to effective land-use
planning.
In view of such a situation and given organizational, technical and
financial constraints, there is need to make planning concepts
more dynamic and use procedures that are more substantively
inclusive and scientific, to simplify planning methodologies and
procedure in order to make the process more economical and
workable, and to make the planning function action-oriented. In
the face of rapid urbanization and development, expeditions
actions must be taken with whatever abilities are at hand.
Elaborate and detailed land-use schemes and long range
projections for situations 20 to 30 years hence may be irrelevent
in view of the speed of present urban change.
An alternative approach may be the form adopted in the British
Town and Country Planning Act of 1968, where the former
Development Plans and were replaced by Structure Plans, Local
Plans and Action Area Plans. Structure plans state policy towards
development and land use, emphasizing environmental
improvement and the relationship between transportation and
neighborhood areas. Comprehensive treatments are reserved for
91
selected action areas of local plans, which require specific
development of a part of all the action area. Local planning
authorities are required to consider the relationship between their
plans and regional economic development, the resources available
for the implementation of the structure plan and other areas of
concern that the minister in charge of the Act might specify.
Land-use plans, given a sufficient understanding of the temporal,
spatial and socio-economic situation, can result in the optimal use
of the land available to a given society. The land-use planning
function goes beyond the mere preparation of plans and includes
the use and review of planning as a continuing endeavour. Land-
use planning needs to function in a context of institutionalized
authority as this has been one of the most significant elements in
determining the effectiveness of land-use planning.
Thus, land-use plans should no be seen in a static context, but
rather as part of the revolving process of urban planning. Then the
implementation tools (zoning, subdivision, public ownership, etc.)
should be seen in the same context. In other words land polcies
should be seen as an integral part of the dynamic process of urban
planning.17
3.6 FISCAL CONTROL
This section reviews a form of public intervention in the urban
land market, for the purpose of plan implementation via, property
taxation. The assessment of any given policy depends on what
objectives are to be met, and unobtainable objectives can create
92
their own problems. Indeed, the political and economical
conditions within which they are formulated, determine various
taxing policies. The North Amercian countries generally rely upon
local control of local taxes, based on assessed valuations with the
national governments taxing capital gains and income resulting
from land investments. Thus, taxation is mainly a compulsory
contribution to public authority for its expenses and is applied as
a tax related to the value of a property. Such a tax may be varied
In application to influence urban development according to some
preferred strategy. For example, taxation can be used to
discourage development in undesirable areas (i.e. a special area
tax); or conversely, by reducing its application, it can be used to
encourage construction in areas where development is
recommended. Property taxation has also been considered as a
means of retaining the appreciation of private property values
resulting from community investment - e.g. as a land profit tax,
levied on the increase of property value over a period of time.
However, the principle of a land profit tax has usually been found
for political and technical reasons too difficult to put into
practice in most mixed economies.
3.7 Policies Criteria
The difficulty of formulating policies to control land development
results from the nature of urban land. Land is both one of the
natural resources and one on the essential goods necessary for
existence of the individual. Land is a basis for urban settlements
where people live, work and use services. Therefore, a land policy
93
has to be based on a cultural, environmental and a socio-economic
approach.
One of the goals of urban land policies may be defined as supplying
land needed for urban development in the appropriate location at
the right time. Because land policies are a part of general
development policies, they are influenced by the socio-economic
and political structure of a country and its level of development.
Policies defined as a set of measures to achieve the objectives
formulated by the public authorities. The objectives and the
measures are influenced by the social and economical structure of
the country and by the level of development; as well as by its
environmental conditions.
Also, urban land policies are formulated according to the level of
general national planning. In countries with planned economics the
general comprehensive planning system has an impact both on
urban development and on the way in which these developments are
controlled. Urban development is planned according to national
objectives of the general plan which are to use all the resourcesof
the nation in order to achieve a better standard of living for its
citizens.
In the Second Chapter, I mentioned that since the late 1960s Saudi
Arabia had adopted a comprehensive planning approach to develop
the country based on two levels of planning: national and local,
with minor roles for the regional level. Within this framework of
planning, land policies are formulated to implement the objectives
94
of land development, within political, cultural and environmental
parameters.
Therefore, the criteria by which land policies in Saudi Arabia may
be measured are:
1- The extent of success or failure to implement land development
objectives;
2- Its consistency with the country's cultural and social habits;
3- Its compatability with the country's physical conditions.
95
Notes To Chapter III
1- H. Darin-Drabkin, 1977, pg. 409-411.
2- For more detail about Land Tenure in Africa and Europe, see U.N. Department of Economic and Social Affairs, 1975, Concept of Land-Ownership And Regional Variations.
3- Report of Habitat: United Nations Conference on Human Settlements, Vancouver, Canada, 1976, Declaration of Principles, section II.
4- For more detail see I. Orori, 1971, "Pattern Of Urban Land Ownership", International Seminar on Urban Land Policies, United Nations, Madrid.
5- Habitat, 1976, section II.
6- N. Lichfield & H. Darin-Drabkin, 1980, Land Policy in Planning, London: George Allen & Unwin Ltd., pg.198-210.
7- As a matter of Interest, James Brown, R. Phillips and N. Roberts, 1982, "Land Ownership And Market Dynamics At The Urban Periphery: Implications For Land Policy Design And Implementation", in World Congress on Land Policy, 1980, Ed. by Matthew Cullen & Sharon Woolery, pg. 119-149.
8-H. Darin-Drabkin, pg. 47-68.
9-Saba Shiber, 1964, The Kuwait Urbanization, pg. 65.
10-H. Darin-Drabkin, 1977, pg. 18-23, Also, P. Balchin & J. Kieve, 1982, Urban Land Economics, pg. 38-68.
11-H. Darin-Drabkin, 1977, pg.1-6.
12-John Delafons, 1969, pg. 19-20; S. Warner, 1972, pg. 28, M. Scott, 1971, pg. 152.
13-For how this measure has been used in the United States, see Mary Brooks, Exclusionary Zoning (ASPO 1970).
96
14-W. Rayner, "Subdivision Control In Ontario", Canada Law- nook, 1976.
15-See Freilich and Levi, 1970, pg. 77-129; and "A Model Land Development Code", Washington, D.C. American Law Institute, 1970, pg. 27-108.
16-U.N. Department of Economic and Social Affairs. 1971 Land Use Control Measures Vol .1.
97
CHAPTER IV: CULTURAL AND ENVIROMENTAL CRITERIA
4.1 INTRODUCTION
This Chapter looks at two of the criteria for evaluation of the
preformances and/or guides to the formulation of land policies in
Saudi Arabia; in the previous Chapter I mentioned that land policies
are influenced by three factors: culture, the level of development, and
environmental conditions. In the case of Saudi Arabia culture is
defined and based on Islam wl/ere as enviromental conditions are
charactarized by the hot arid zone.
The first part of this Chapter looks at the cultural factor. It is
composed of four sections. The first one discusses Islam as a way of
life; where the second looks at the impact of the Islamic teachings
and values on the physical pattern. The third section looks at the
Sharia, its methodology and implications on land issues. The final
section reviews the Sharia as it pertains to land-use control.
The second part looks at environmental factors. It consists of two
sections, the first reviews the impact of physical conditions on site
allocation, where the second section looks at the climatic factors.
4.2 ISLAM "A Way Of Life"
The word Islam is commonly understood, literally, by Moslims and
others to mean, surrender; that is, of the believer to God. The active
98
participle of the same verb Muslim, means one who performs the act
of surrender. Hence, Islam constitutes two basic complementary
concepts, Imam (faith) and a'mal (actions). The former govern the
relation and the behaviour between the Moslim and God where • the
later governs the relation, the behaviour and all non-spiritual acts
between individuals; these are the parts of the Islamic Sharia which
concerns us.'
Anyone acquainted with the teachings of Islam knows that Islam not
only elucidated man's relation to God, but also laid down a definite
scheme of social behaviour as guiding principles as a result of these
social relations. Consequently, the Islamic state according to the
teachings of the Quran and the Prophet tradition, contains a precise
body of law called the Sharia which encompasses all aspects of life:
spiritual, physical, individual, social, economic and political. The
Muslims believe that Islam fulfills their needs by the Divine law -
contained in the ordinances of the Quran and detailed and exemplified
by the Prophet in the body of teachings that is described in his Sunnah
or "way of life-.2
Consequently, Islam established, for its believers, the values,
principles and guidelines for their functioning and provides them with -
a state model for their government. The following are a summary of
those principles, relative to our subject:3
1) The sovereignty of the people and the state belong to God, and the
Islamic temporary state on earth is in reality a vice regency, its
rights, and the rights of its deliverative bodies, whether the callpha's
99
or the consultative assembly's are subordinate to the law revealed by
God through his Prophet.
2) In Islamic states, Muslims have equal rights regardless of their
origin, race, colour or language. No group, clan, class or individual is
entitled to special privileges. Nor can any such individual or group
determine that any other group's or individual, position is inferior.
3) The Sharia is the supreme law under which every one from the
most humble person up to the head of the state must submit to the
Quran and to the authentic practice and sayings of the Prophet.
4) The government, its authority, and possessions, are a trust of God
and Muslims, and hence must be entrusted to Him who is the most
God-fearing, the most honest, and the most trustworthy.
5) Ali, the fourth calipha in Islam, reported that he asked the
Prophet, "What shall we do if we are faced with a problem after you
die about which there is no notion in the Quran nor have heard
anything concerning it from your lips?" the Prophet answered,
"Collect, those of my people (umma) that serve God truthfully and
place the matter before them for mutual consultation. Let not be
decided by an individual opinion".
6) The most important duty of the calipha and the government of the
Islamic state is to institute the Islamic order of life; to promote all
that is good and to eliminate all things which are evil.
100
7) The state places a legal and moral obligaion on its citizens to
subordinate personal interests to the interests of the community as a
whole, as it is represented by the state.
4.2.1 Islam As A Parametor For Physical Behaviour
Religious Equality-, Islam is an egalitarian religion and theocracy. For
Moslems it is God, without conferring commands, who rules by way of
His revealed book, the Qur'an. God governs, unassisted, infinitely
alone in His inaccessible transcendence. 4 The ruler is merely a
temporal executive of God, and therefore, or y His shadocti and SIMI&
Since earthly authority, not only comes from, but is also administeroO
by God, in His eyes bn the 1 tiVni1.11 , -an noslems, bre lvntwtnenVally
equal by the mere fact of being believers.5
The strong sense of equality inherent in the Moslem, servant of God,
motivates him to be remarkably cautious and prudent when he is to
express publicly, and by physical means, his social and economic
status. That is why throughout Moslem cities, these splendorous
residences, devoted to the exclusive intimacy of the dwellers, were
hidden behind unattractive walls. The interiors were never allowed
to be seen by the public, not only to preserve privacy, but because
such action would represent a challange to the fundamental equality
of Moslems. The elaborate facade of a house would be erected in its
Interior, facing the omnipresent courtyard, not only so that it could
be admired in strict privacy by the dwellers, but also by reason of
respect for the city residents who could not afford such architectural
features. This strong sense of egalitarianism has been a major
Figure 4.1 :Equality The absence of class segregation in traditional Moslim community
IlTuTTEM:' \,,, "1:4rt.Triai sii iv N
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e Mk k...ir . • . 'mi. r-,- . .... --„ .
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-
-1- I 1.7114Mr"Tft" -
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Figure 4.2 Privacy Architectural techniques to provid privacy in traditional community
101
contributing factor in making traditional urban structures and
patterns( Figure 4.1) •6
Seclusion and Sense of Privacy It has already been mentioned that
between the 'public urban center of Classic Antiquity and the
'domestic' one of the northern European world, there is another which
is quite different from them. 7 This is the 'private' city of Islam. A
key to the understanding of its morphological characteristics and
personality is furnished by the revelations of the Qur'an specifically
in verses 4 and 5 of Sura XLIX.6
The strong desire for privacy, indissoluble in the Muslim, formed the
basic format for the residence to be a confined area, hermeticaly
closed to the exterior, which in turn forced the concentration of
domestic life in and around the dwelling's courtyard. In the process
of providing privacy, houses have been clustering in the form of cells
to create semi-private space which later lead to the private space;
this was undoubtly the pattern of sex segragation, for which privacy
has been highly regarded as one of the most identifiable
characteristic of a Moslem-Arab community(Figure 4.2).9
Unity ., The residential superblock enclosing semi-public space, which
developed out of the tendency to assign property rights over a large
space to a group which was impowered to subdivide it. This results
from the aspiration of Moslem families to obey Islamic law and has
encouraged consolidation among family members and neighbors. Such
a relationship forms extended families, which are headed by the
father and consist of his wife, his sons and his daughters. A Moslem's
favorable attitudes towards his neighbors promote pronimity and
102
lectivity in their relationships. From such intimate relationships
among neighboring houses, a solidarity among the members of the
community is established which is reflected in their buildings( figure
43).10
r.lologi The centre of religious and temporal life throughout the
Moslem world is the mosque. The second pillar of Islam, Prayer, is
compulsory for every adult man and women and the fact is that the
Friday Mosque is the only known public gathering place in Moslem
urban areas . The existance and location of the mosque in the Moslem
urban physical pattern is regarded as the focal point around which all
activities should be located(Figure 4.4).11
In summary, I can say there are four basic criteria to guide land
policies in terms of physical pattern and physical formualtion of
urban areas in Saudi Arabia:
- Equality
- Unity
- Privacy
- Mosque
4.2.2 Methodology of Islamic Sharia
Source Of Sharia
The Islamic Sharia has four sourcesd for legislation e.g. values,
teachings; these are
The Qum; primary source. This is the scriptural revelation of the
will or laws of God and primary source of Islamic jurisdance."And we
Figure 4.3: Unity
The semi public space of the residential quarters represent the Moslim community unity
Figure 4_4: The Mosque
The land mark of Moslim community and the centre of religious and temporal life
103
have sent down to you the Book explaining all things as a Guide, a
Mercy and Glad Tidings to Muslims. -12The authority of the Quran is
unconditionally binding and irrevocable for a Muslim. However, the
Qurans nature, in general, provides broad principles and concentrates
on the value judgements. Nevertheless, its command is applicable to
innumerable human and social conditions with both precision and
flexibility. Besides, the general principle, its command becomes
obligatory only to the extent of our ability."God imposes not on any
soul a duty beyond its scope."13
The Sunnah(Tradition or Saying of the Prophet Mohammed): means the
words, actions and assertion of the holy Prophet. Most of all it is the
model pattern of behaviour. It demonstrates how the Prophets'
thoughts and deeds were grounded in the eternal verities of the Quran
or will an in the realities of the social and natural environments in
which he lived. The authority of the Sunnah springs from explicit
declarations in the Quran.14
AiyL_Isianalogy): is an intelligent deduction for analogous situations
based on study, thoughtful interpretation and individual Insight. The
reasoning that God, the Prime Legislator, in revealing judgements, had
specified aims and purposes. Thus, if we were confronted with two
similar situations, and their illa (reason), which is the efficient
cause or the attribute of the matter under consideration that gives
rise to a judgement, was the same get one situatioh was gmerhed N
a provision and the other was not, we can use that same provision to
govern both situations.15
104
lima (consensus) lima means agreement or general consent. Ijma is
collective, organized giyas or ijtihad (it is the opposite of taglid,
Imitation, for example, imitation of the positive soluations of the
classical Islamic jurists). Recourse to ijma is based on the authority
of Sharia ordinances. However, the Sharia does not provide an
unequivocal rule on whether ijma refers to the decision of the
competent or of the community at large; the relation between the
two; and whether it has to be unanimous decision, the decision of a
simple plurality or or a predominant majority. These questions must
be decided by ijtihad and ijma.16
In compliance with the Ouran, the Prophet used to consult with his
companions and refer to their expert opinions in legal, technical,
political and even religious issues. The Rightly Guided Caliphas also
used to ascertain and employ ijma for legislative and political
decision-making. However, ijma is probably the most important
Islamic legal principle. Without the sanction of ijma, interpretation
of Sheria through ijtihad in its various forms would remain zann,
personal conjecture.17
4.2.3 Sharia As Source Of Legislation
Any formulation of land policies to regulate allocation or distrubution
and to control uses of land must recognize that fundamental legal
questions are involved. That is why any attempt to regulate the
development of land should go through and satisfy the Sharia
principals pertaining to land development before any attempt to test
certain criteria for formulation. There are fundamental facts that
105
have to be stated before any attempt to develop any Sharia
parameters for policy formulation.
The Islamic Sharia, as a phrase, has two scopes of meaning. Generally
and widely constructed it denotes everything that has been written by
Moslem jurists through the centuries, whether it dealt with
contemporaneous issues of the time or in anticipation of future ones.
Narrowly, the Sharia is confined to the undoubted principles of the
Qu'ran, to what is true and valid of Sunna. In this context, one can say
that the Sharia as an organic creature, growing, developing and
evolving, attached with a strong link of interdependence to its
society, adapting its needs and changing with different
circumstances. This fact derived from the Sharia Methodology . The
second two sources of the Sharia responding to the needs of a society
at any particular interval in history.
Our subject of land development policies derives most of its
regulations and parameters, in terms of Sharia from the two sources
and belongs to the "wide" scope of the Shone. Which has been
generated based and from "Analogy" and "consensus" (see section 4.2.1
). In other words we can refer to Zaki Yamani,"The religious essence
and value of the Sharia must never be underestimated...we must
distinguish between what is purely religious and the principles of
secular transactions. Though both are derived from the same source,
the latter principles have to be viewed as a system of civil law,
based on public interest and utility, and therefore, always evolving to
an ideal best. The religious element serves as a model code of ethics,
the purpose of which is to strengthen secular principles, by giving
them a sense of dependence on divine guidence and creating a
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subconscious respect for compliance, even in those beyond the reach
of enforcement.18
4.2.4 Islamic Sharia And Contemporary Issues Of Land Policies
Maciasid Al-Sharia (the Sharia intention) that must he realized in any
examination of rules, regulations and policies. 19 The Islamic legal
and administrative system is 'value-centered'; laws exist to realize
certain value goals. Therefore, for any Islamic land development, the
ultimate purpose of all regulation, controls and other legislations, is
to implement the ultimate objectives of Islamic law. Thus, within
the above understanding, this chapter examines and presents the
general points of views and the legal understanding of the relevant
issues of urban land development policies - land ownership, land
value and land prices, land-use controls. In other words, the Sharia
does not prescribe any specific form of government or any
administrative or regulatory systems or even one pattern that the
Islamic state must follow. Being a divine law, the regime of Sharia
left a vast area of the constitution-making activity open to the
citizen and to the government of the time, to be their sole
responsibility and to be guided by the principles of ij-tihad
(independent legal judgement arrived at by knowledge and reasoning,
according to the circumstances of the time, within the values and
ethics of the Sharia and in no way contradicting with any of them).
Thus, this chapter looks at the different issues of land development
and presents either the specific opinions of the Sharia or if there is
no one, the relevent values of the Sharia point of view will be
presented.
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4.2.5 Public And Private Ownership Rights
Perhaps the fundamental issue of our time which in turn gives rise to
many complex issues is the legal economic conflict between the
Individual, his rights and authority on one hand, and the community
(public), its rights and authority, on the other hand.
"Between the three ideologies (communist, capitalism and socialism),
Islam has its distinguished understanding for the issue of individual
right vs. public". 20 The concept of communal framework came about
at the time of the Prophet, and was concreately and practically
employed. Thereafter, the cases and writings of the jurists filled in
the gaps, and gave substance and wholeness to the concept. This
concept represents the fact that the Islamic preaching is for social
solidarity.21
What is meant by social solidarity in Islam, is the existence of that
state of affairs where the Individual is charged with the
responsibility of the community welfare and protection. Individuals
partake in the service of the community, each according to his native
ability and knowledge, in such a way that the needs of the community
are satisfied by a division of labour or production or development.
From this concept in Islam, the following basic principles can be
concluded:22
- the individual is the central unit of activity in the community, and •
must be given all the opportunities that prepare him to carry on his
functions and activities.
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- the community is the end and aim of the individual's activity, and is
the limit at which the individual's activity ends. Within this
communal framework individual's have complete freedom of action
and the right to the fruits and rewards generated thereby; and
- the community is responsible for the preparation of the individual
to fulfil his individual collective obligation, and the community,
represented by he who is in authority, must enforce the fulfillment of
such obligation.
Islam, as usual, starts with the concept of the community, by
declaring that all property is owned by God. The Sharia realizes that
when a certain right is described as belonging to God, what is meant
is that it belongs to the community, on what is referred to legally as
a public right. The Quran emphasized this concept in more than one
place. Al-Zamakhshari in explaining this concept said, "The property
you have in your hands is God's by virtue of Him making and creating
it. He supplied you with it and permitted you to reap its benefits, and
made you His heirs and successors in disposing with it, but it is not
really yours and you are only God's agents and representatives".23
This general idea of God's ownership of everything is not a
philosophical concept per se, but an important basic legal principle,
the purpose of which is to define and determine the right of the
individual vs. the property he is enbusted with, in case the act of
ownership was to result in harmful and injurious effects to others
and the community. It further 'imposes an obligation upon the
individual to own it for his benefit and that of the community. And
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last it sets the limits at which point ownership ceases if the welfare
of the community demands that, or the need of another individual, in
the same society, to that particular property reaches the stage of
extreme necessity.
As long as these Islamic connotations are clear and inherent in the
concept of ownership, one can refer to this private right as ownership
rights, and once this right is vested, we shall recognize it and protect
it, legally. This concept of ownership can be reduced to its two
elements; the ownership of the legal title and the ownership of the
equitable or beneficial title. Islam in principle vests legal title in
God and vest the equitable beneficial title in the holder of the
property. Thus the concept of Trust is created where the beneficiary
can exploit and reap the fruits of the property provided he does not
violate the condition laid out by the holder of the legal title who is
God , the owner of everything. Which are the community welfare and
others that fall under the concept of takaful (social solidartiy).24
From the Sunna and the following Right-Caliphs, we can formulate
two principles for the exercises of the right of ownership.
1) Prevention of injury to others.
2) Benefit to others if no impairment or injury is caused to the
owner.
From the two legal principles, we can formulate three restrictions
imposed on the exercise of individual rights in general and the right
of private ownership in particular, being one of the major issues of
our thesis.
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1) The exercise of the right is only permitted for the achievement of
the purpose for which the right was created.
2) The exercise of a right is considered illegal if such exercise
resulted in excessive harm and injury. This limitation has been
implemented generally by 'man Malik in matters relating to neighbour
relationship, dispensing with special cases of windows opening (a
problem similar to the prescriptive easement for light, air and
privacy in development controls), the division of tenancy in common
property, and the ownership of uncultivated virgin land. Malik decided
in the above cases, the exercise of right results in excessive hardship
and injury to others, the possessor of the right must be restrained in
his exercise thereof.
3) The exercise of a right is not permitted if used not for benefit, but
to bring injury to others. Again, Malik employed this limitation to
restrain a neighbour from the use of his property which results in
Injury to others without any corresponding benefit to the owner. He
maintained that one cannot take refuge in his ownership right to
cause injury to others.
However, within the above principles, there are three groups of
property excluded from private ownership:
1) Property that is by nature designed for public use such as places
of worship, roads, rivers, public open space, etc.
2) Minerals, oil, etc.
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3) Property the title of which reverts to the state from individuals.
This kind of property remains owned collectively, and the !man -
according to the weight of authority - cannot grant it to anyone; if he
does, title does not vest in the grant and he has only a grant for use.
Land Tenure
The right to enjoy private property and protection of private property
from insurpation are secured in the Sharia, as in public ownership of
scarce and indispensable resources. Currently, the Islamic systems
governing land tenure in Muslim countries are unique. In the countries
which were once under the influence of the Ottoman Empire, land is
categorized differently from the other Muslim countries. Indeed, the
countries that did not experience any Ottoman influence, still, land
tenure varies between them. However, this section reviews the most
common ones and those which are relevant to our area.
According to the Sharia, Allah is the ultimate owner of all things.
Thus, land Is declared to belong to Him, then to His messenger (after
this death to the state), and then to the Muslim community. This
amounts to human trusteeship or stewardship rather than absolute
ownership. Out of this concept, the Prophet declared the distinction
that land has two states: one when it is in a state of nature or
abandoned, and the second is land made fruitful by its cultivation or
other appropriate use. This principle is the basis of all human rights
or ownership in Islam (the concept of ownership here as explained
before: is not the ownerships of the legal title but the ownership of
the equitable or beneficial title). The Prophet asserted on more that
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one occasion: "Who revives non-owned land has priority to use or own
it." "Who revives a dead land, it becomes his own; if another person
attacks him by planting in his land he should remove the plants:25
Shari@ futher defines the condition of full possession as the actual
use and development of land for the purpose intended. For example, if
the land was Intended for building a house, the actual building of the
house fulfils the condition of possession. Or if the land was intended
for cultivation, basic preparation which should include providing
water for irrigation is sufficient.
lqt'a - Donation26
The previous is the first of two methods of acquiring a title to
ownership in early Islam and the two methods that shaped and formed
the existing land ownership pattern. The other one is called lqt'a
"donation". The ownerless land can acquire a title through its
bestowal upon an individual by the Imam. This is referred to as lqt'a
(donation) and many are cited.
The Prophet donated ownerless lands to many people. He donated to
his followers and predecessors, some of them sold his or their share
of the donation. The Prophet donated lands in Hadramont and Khaiber.
The Prophet donated land in Medinah to the two Caliphas (Abu Bakr and
Omar).
From the days of the caliphs have come the following Hadiths: Abu
Bakr (the first Calipha) donated land to one follower and gave him a
deed, and brought witnesses among whom was Omar (the second
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Calipha). "Omar wrote to one Governor asking him to donate land on
Dijla riverside to one person if the land was not jizyah land or had
water passing through it (Jezyah land is property taken from non-
Muslims by legal means).
From this body of caselaw and precedents finally emerges a system in
which the following elements in land donation can be identified.
Firstly, whoever leaves a donated land without utilization for three
years loses his donation. The basis of this was that the Prophet
donated land to some people but they did not utilize it; then others
came and utilized the land. When the two parties disputed the matter
before Omar ibn Al-Khatlab, he said: "if it was donated from me or
from Aba Baker, I would have taken it back, but it is from the Prophet
himself". Then he said "Whoever has land leaves it without utilization
and then other people come . and utilizes it, then the latter will have
priority in its ownership". He then made the appropriate period three
years and this created a firm precedent which is still recognized.
Secondly, if the donatee does not utilize the land properly, his
donation will be reconsidered. The basis for this was that the
Prophet donated to one of his followers the whole Aqiq area in
Medinah but when Omar became Calipha he said to the follower: The
Prophet gave you the land not to deprive people of it, but to work on
It, so take the area you are capable of utilizing and return the rest of
the land to us".
Thirdly, the government can donate only ownerless land; it has no
right to withdraw land from someone and give It to another. As for
that "dead" land which is used for a common interest even though
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ownership is not established, this may not be donated. The Hadith
says: "The Prophet gave one of his followers "white" land (white land
is undeveloped land) to utilize; afterwards it appeared that there was
flowing water (a spring) in this land; the Prophet then withdrew it
because his principle was that all people are partners in food, fire
and water".
Fourthly, the government donates land only to people who have
contributed good service to the common interest, or who are related
to such service or to people where the donation fits the common
interest (needy people).
Fifthly, evidence of utilization must be firm and in one important
respect it is based on environmental social needs. Omar said: "Water
is the basis of revival, such as digging a spring or well; if a person
did this, then built or farmed the land, his work creates the complete
revival. If he did nothing on the land except extract water, he will,
however, have the right of ownership only for the area of the spring
or well".
The above are the early process of obtaining land ownership as well
as the pattern at that time of land ownership. However, as stated,
countries and government systems developed, Islamic Sharia and
Islamic institutions developed simultaneously. This resulted, in
relevance to our subject, into three forms of land ownership which
are appropriate under the Sharia:
- Community Ownerships;
- State Domain; and
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- Private Ownership.
In Islam, the community ownership and state domain appear
superficially the same from the social point or view, but differ in
legislation and control. The owner of the former is the whole
community and a ruler has no apparent status to let or give it away.
In the second, the owner is still the community, but the ruler hds
legislative status to control its use or dispose of it under Islamic
law.
Currently, serviced land and other urban developed land that is not
under the private appropriation, such as roads, riversides and open
spaces...share state domain extending over all dead land. In this case
the ruler has the right to donate land under the principle of lqt'a.
Finally, the private ownership which forms, almost all urban land and
other agricultural land. This category also called Mulk, which denotes
private property including land over which full right of disposal and
alienation are exercised.
However, the basis of most of land law ordinances in Middle Eastern
Countries excluding Saudi Arabia is the Ottoman land law of 1058
which synthesized land practices which had developed over the course
of the Ottoman Empire. It is of an importance to the state that this
law passed on the Islamic Sharia. This law divided all land into four
main categories which are still used. These are mulk, miri (Hokomi or
uamm), waqf and musha. Mulk land is private ownership which is
owned by individual and over which he/she had full ownership rights.
Miri land is that which is owned by the state. This right of enjoying
the property may be sold by the state, or it may be let, mortgaged, or
116
even given away. The state retained ultimate ownership and, if there
were no heirs, the property reverted to the state. Waqf land is land
which cannot be divided or alienated, but continues in perpetuity to
the descendants of the original owner. The waqf is a form of
endownment unique to Islamic countries. The word itself means
"stop", and the legal document drawn up for the waqf contains the full
expression Mawquf lilah meaning "stopped for God". Originally meant
as a charitable endownment for the establishment of schools,
mosques, libraries, hospitals and other institutions, or for the care of
indigent families, whereby the interest was given to particular
designees while the capital was given to God, the waqf soon was
turned into an institution for the preservation of property from
extravagant heirs or from an acquisitive state. Many families in the
region have in fact succeeded in protecting their properties by
coverting them into waqf and in all countries there is either a
separate ministry (Jordan, Iraq) or a special department (Lebanon and
the Syrian Arab Republic) which administers waqf properties. Only
property which was under the full ownership of the endower could be
converted into waqf, and once thus converted, could not be
repossessed. Musha land is land which is owned collectively. It
originated from the tribal practice of dividing the arable land on
which the tribe settled between its members. Since both extent and
quality were taken into consideration, members were given pieces of
land in different zones of the village. Also, to maintain equality, the
land was re-allocated at intervals. The practice still exists although
it is falling into disuse because of settlement on title which requires
registration of title to a definite area. Cultivators thus became
owners of permanent buildings. Two of these land institutions,
. 117
namely waqf and miri are of particular importance in understanding
urban land problems and policies in the countries of the region.
4.2.6 Land Value And Land Price A
From the outset, an important issue needs to be stated. The fact that
land cannot be treated as a commodity or ordinary assets
(introduction). The United Nations Conference on Human Settlements,
1976, declared that "land, because of its unique nature and the crucial
role it plays in human settlements, cannot be treated as an ordinary
asset, controlled by individuals and subject to the pressures and
inefficiencies of the market. Private land ownership is also a
principle instrument of accumulation and concentration of wealth and
therefore contributes to social injustice...land is a scarce resource
whose management should be subject to public surveillance or control
in the interest of the nation". This fact had to be stated, because the
Islamic Sharia, in general, does not advocate price control.
Unearned Income28
Of the terms earning (Kasab), recompensation (jaza), and wages or
reward (ajr) can be derived the principle that individual work, manual
and intellectual, is the primary means of acquiring income and
wealth. "And man can have nothing but what he strives for." This
leads to the fact that the benefits of the economic process in Islam
should be in terms of effort rather than output as is done by the
uncontrolled market system. More or less equal rewards should be
given to all those who work in some capacity in the socially requiste
occupations. This leads that income should be acquired in exchanging
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goods and services through mutual consent, without fraud or coercion.
Individuals have only the right of beneficial use of natural resources;
"these cannot be made the source of unearned income and wealth such
as through the sale of public water, and absentee landlordism on
sharecropping".
One of the common types of the unearned income is the process of
holding and purchasing of vacant land in hopes of receiving higher
prices at some future time. Such a process conflicts with the
Islamic ethics and values, but it is not prohibited.
Land Price Control
Price controls or tas'ir are not permissible in the Sharia in normal
circumstances. The Prophet was once requested to fix prices in the
Medina market as they had gone up, the Prophet refused to do so on the
plea that the prices should have a natural course. Some of the purist
have concluded from this tradition that tas'ir is not permissible in
any circumstances. But Imam Ibn Tymiya has discussed this question
at length. His conclusion is that tas'ir may be restorted to if there
are artificial obstructions - speculation - in the determination of the
price level or if it is being manipulated by the economically powerful
class to their benefit, the government has a dutu to apply corrective
measures. So, the general principle can be concluded that if the level
of price has been disturbed by artificial obsticals, public authority
has the right to intervene to bring the process back to the natural
course.
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However, in the 19th century, Jurists carried out a lot of analysis and
analogy in the concept of abusement of right. They concluded that
there are two bases:
1) A right has to be exercised in accordance with the purpose for
which it was formulated.
2) The possessor of right is considered to have abused his right in
the following situations:
a) If he intended to cause injury to others.
b), If the exercise of the right did not result in benefit to the
possessor but resulted in Injury to others.
c) If the exercise of the right resulted in general injury to the
community (such as in the case of monopoly or speculation).
d) If as a result of the exercise of the right, an excessive
Injury was caused to others.
From '1:1* and the Introduction, we can conclude that if the price level
of a piece of land exceeded its real value by a margin that was
considered to bring injury to the community, then this situation is
considered an abusement of right, which entitled the authority to
intervene. Also, from the fact that urban land in some cases is
greatly needed by the community, if the owner did not permit that
community to satisfy their need by raising its price to an excessive
level or by withholding it from the market. In such situation the
authority has the right to take measures to control them.
Thus, we can conclude the following:
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- It is unethical to use the method of unearned income to obtain
wealth and income;
- If land had been withheld from beneficial public and individual use,
where there was need for it, the authority has the right to intervene,
and
- If land prices exceed the level of its value the authority has the
right to bring it to a just level or to establish a ceiling level.
4.2.7 Urban Planning
Nearly seven hundred year; ago Ibn Khaldun laid the foundation of the
science of "ilm al-ummran". This arabic word is derived from a word
meaning "to build up', "to develop", the word was also used by Ibn
Khaldun in the further sense of "population". When a social
organization grows more popular, a larger and better 'umran results.
Although Ibn Khaldun completed "The Mugaddimah" in 1377, his
writing could be thought of as contemporary. He stated for example,
that "...building and city planning are features of sedentary culture
brought about by luxury and tranouility...". 29 Such features (of
sedentary culture) come after Bedouin life and the features that go
with it. Furthermore, towns and cities with their monuments, vast
constructions and large buildings, are set up for the masses and not
for the few. Therefore, united effort and much cooperation are needed
for them.
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The contemporary concept of which was introduced by the state of
New York in 1916 was mentioned by Ibn Khaldun as: The purpose of
building towns is to have places for dwelling and shelter. Therefore,
It is necessary in this connection to see to it that harmful things are
kept away from the towns by protecting them against inroads by
them, and that useful features are introduced and all the conveniences
are made available in them".30
Most cases which involved zoning legislation, were, in fact, concerned
with nuisance control. The first zoning, involving power to zoning,
was concerned with excluding slaughterhouses, livery stables, and
other alleged disagreeable businesses from residential districts.
"Considerable uncertainty existed about the constitutionality of
regulating the use of land." Scholar Mel Scott writes, and there were
times when city planners almost despaired of finding solid ground on
which to build for the future". 31 Where, Ibn Khaldun was able to
elaborate the basic concept of urban planning and justified by Islamic
Shari a values.
Urban planning, here, is a concept which is specifically related to
physical land-use planning at the city or town scale. This concept of
planning is usually concerned with the production of city "master
plan" with emphasis being placed on zonation of land in order to
achieve a more rational pattern of future development including
policies for redevelopment or conservation of existing structure. The
following subsection looks at the existance of such activities in the
Islamic physical environment from the viewpoint of Sharia.
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Urban planning tries to shape the urban pattern by two complementary
procedures. The procedure of land-use control and the procedure of
urban form regulation. The first subsection looks at all land-use
control; how its been achieved and what is permissible and not
permissible from the point of Sharia. The second subsection looks at
the urban form regulation, how they evolve and how the Sharia
influence and control them.
4.2.8 Land Use Control
The Idea of designating a certain site for a certain use within the city
was started by the Prophet himself in Medina. k.ke Cane, ,iihak \s
known in present day Medina as Al-Manakhah to be the market site.
When the Prophet declared the site of the market, it was reported
that he said "This is your suq, it is not to be built or acquired, and no
tax to be levied on it".32 The same pattern was followed in the amsar
towns. In each of the three towns of Al-Kufah, Al-Basrah, and Al-
Fustat, the market was located from the beginning in the areas
surrounding the mosque or near it.
The order in which the several trades followed one another in the
layout of the market evolved, it seems, from the concept of similarity
as well as from the notion of avoiding harm or damage to anyone.
There is another side for grouping together of retailers of similar
goods made it easier for the muhtasid to control the quality of goods
and to collect taxes. The manual of Al-Shayzari informs us that
restrictions include any products and crafts which are not suitable
for the main market, they must be located either outside the walls or
in places within the town accessible to those who need them, while
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at the same time causing no harm to the passerby. For instance,
firewood and comparable materials.
Thus, from the Al-Shayzari manual and other scripts, three themes
can be identified as underlying the regulation pertaining to the
location of goods and services in the market. The first, the concept
of similarity, has been applied to the market arrangement. The
second, the relative frequency of the need on inhabitants to avail
themselves was instrumental in choosing their locations. The third,
avoiding causing harm and damage, was the determining factor in
locating all businesses that were considered to be the source of
either smoke or repulsive odours. This concept coupled with that of
similarity, helped to keep sources of damage within the market near
each other.33
Thus we can see that Muslim jurists differentiates among the types
of uses in the city. Since they were concerned with the fulfillment of
the inhabitants' needs as well as with preventing harm and damage
that might be caused to them, they looked at the uses in two ways.
One was according to the needs of the inhabitants where two types
are identified: the frequently needed and the rarely needed business
or industry. This can be seen in almost any Muslim city of the 19th
century, where large industries which were rarely needed such as
those of building materials and other factories were located outside
the city walls. Such was the case in Medina of 1885, where factories
of building materials and pottery were located on the south-eastern
side outside the quba gate, while other factories were reported
outside the shami gate in the north.
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The other, in which the jurists looked at the uses, was from the point
of view the causing of harm or damaged and that which is harmless.
By locating the rarely needed industries outside the city, or granting
those which caused harm or damage the right to continue since they
originated before the surrounding properties were developed while
preventing new ones from taking place in areas where neighbours
would object to them, Muslim jurists accommodated the idea of
declaring zones for specific types of uses within the city. Based on
the concept of avoiding the causing of harm of damage, they give
priority to the use which originated first, whether it was residential
or industrial. Once this specific use had been estatttished, then father
types might move in provided that they would not cause harm or
damage to existing users. However, it should be pointed out here that
the jurists always tended to support the right of residents more than
those of industry. Even when they granted a certain industry the right
to continue since it originated before the surrounding properties were
developed, they still would not allow this industry to expand nor
would they allow new ones to move in when neighbours would object
to them since this would mean an increase in the amount of harm or
damage caused to the residents of that area. This attitude explains
the continuous tendency of industries and places of production to
move to the peripheries within the Muslim cities whenever expansion
and physical growth takes place. This was the case in Aleppo, where
places of production moved from areas within the central bazaar to an
eastern suburb, and later to the northern Christian quarter.
4.2.9 Urban Form
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Urban pattern can be described by two elements, the use and the form.
In the previous section we discussed the Sharia legislation towards
controls and the uses. This section looks at the attitude and
behaviour of the Sharia towards controls the form.
To show how this worked we will look at notions concerning the right
of way; conceptions of space, privacy, light control and the guarantee
of fresh air; and precedents established to deal with walls and
buildings threatening collapse. We will be concerned to show how
these issues were conceived from a legal point of view and how they
were treated within the actual context of the city.
The Right Of Way
In the city, Muslim law distinguishes the through street in which all
people have the right of way, from the land or cul-de-sac (tariq ghayr
nafidh, sikkah, zuqaq), which most jurists consider a private road
appertaining to its surrounding properties. A notion complementary
to this is that of the fina, an open space around or along a building,
which in the conception of most Muslim jurists is considered part of
the property.
The encroachment on public or private property is forbidden by the
Tradition of the Prophet which states: "He who may appropriate
without right one palm of ground will be yoked by God, of seven
grounds at the Day of Resurrection". 34 However, this prohibition did
not characterize all the jurisdictions or opinions of the Muslim
jurists. Even jurists belonging to the same school had different
126
opinions on issues of trespassing or the appropriation of portions of
the streets.
However, from reviewing various cases in this subject, it shows
clearly that the concern of Muslim Jurists about the right of way and
their underlying agreement on not narrowing the way, hindering
circulation or causing damage to the public. Despite this common
theme, when they were faced with specific cases, jurists opinions
differed.
The Conception Of Space
The fina', an open space around or along a building, and the zuqaq seem
to have been treated by the jurists as well as by the inhabitants of
Arab-Muslim cities as semi-private, collectively-owned spaces. They
are conceptualized as part of the surrounding properties or at least
considered to belong to and to be susceptible to collective use by the
residents of these properties. Malik was asked whether these spaces
(afniyah, p., of fina) situated in front of houses along a publicly used
road could be leased by the owners. His response was:
"...For spaces of small width, where the least thing posed would
hinder the circulation, I think that no one has the right to reserve
their use for himself, and that the authorities must intervene; but for
those where the width is such that the circulation would not be
hindered at all if the neighbouring owners utilize them for their own
needs, I see no harm if the authorities do no intervene..."35
127
Sharing the same opinion, Asbagh is reported to have said that the
afniyah, whether at the front or at the back, are part of the houses.
-The owners (he said) should no be prevented from using them as long
as the way is not narrowed, the circulation is not hindered, and no
damage is caused to the public..."36
The Concern For Privacy
With the intensely close family life and the strictly followed code of
conduct of Muslims, it is not unusual to have the privacy issue comes
under the preview of the jurists. To be able to see into a house more
than what a passerby on the street would see is looked upon as an
intrusion into the private life of the household, one which could not
be tolerated either by residents or by the jurists. Such an act is
considered to cause great harm and damage, and Muslim law has
always insisted on the removal of the damage.
The concern for privacy was reflected in the physical form of the city
in several ways. Among these are the limits on building heights
throughout the city, avoidance (or architectural treatment) of
windows on the street, and the placement of doors within the streets.
Building Heights And The Opening Of Windows
Restriction on building heights per se did not prevail in Muslim cities.
When the famous General Khalid B. Al-Walid complained to the
Prophet that his house on the eastern side of the Prophet's mosque,
was too small to accommodate his family, the Prophet replied "build
higher in the sky and ask God for spaciousness". 37 However, damage
128
caused by raising up a building was not tolerated. When asked
whether an individual could raise his building higher than that of his
neighbour and thus be able to look into the neighbour's house, Ibn Al-
Qasim stated that one has the right to rise his building, but I heard
Malik say that he should be prevented from inflicting damage..."30
Since intrusion into the private life of residents is considered to be a
great damage not to be tolerated, it is obvious that the residents
would not tolerate being under the constant view of others.
Window Openings
The opening of windows which overlook other houses seem to have
always been condemed. The earliest opinion we have is that of Umar
B. Al-Kattab in regard to a case that took place in Al-Fustat during
his reign. It is reported that he wrote to Ammr B. Alas to demolish a
room that Umar thought was built for the purpose of overlooking
neighbouring houses.
At a later time, Ibn Al-Raml, when speaking of doors and windows
that looked upon neighbo ring houses, introduced two types of
openings: new, which according to general belief were to be sealed,
and pre-existing ones which were left as they were. However, he
emphasized the fact that as it is generally understood, the viewer is
to be prevented". This implies that even if the opening was not
sealed, one should not be allowed to use it in order to look upon his
neighbours. Ibn Al Rami also relates that, in Tunis, the customary
judgment as well as the actual practice was to prevent intruding and
uncovering. This, he says, was the opinion of the judge Ibn Abd Al-
129
Rail, who in many cases occuring during this time ordered the
windows sealed.39
The Malik scholars did not allow the opening of a door in front of
another door near it. The reason given by Ibn Al-Qasim was that the
neighbour who owns the existing door has the right to say:
"I benefit from the place in front of my door in which you want to
opem yours. I open my door with no one intervening on my privacy,
and I bring my loads near my door without causing inconvenience to
anyone. Thus, I wouldn't let you open a door in front of mine or near
to it since you may use it as a reception and entertainment area or for
comparable matters.-40
The concern for privacy seems to have substantially affected but not
limited the variety of urban form throughout the city. By observing
the traditional neighbourhoods of Medina, one finds that building
heights are always similar. They all fall within the category of
either two, three or four stories buildings, and it is very rare to find
these different heights within one district. On the rare occasions
when this does occur, care is usually taken to avoid openings that
will cause harm or damage to the neighbours.
The mashrabiyah house, (Al-Medina) in its simplest form is an typical
row house with openings on the street, each covered with a
mashrabiyah and high openings on the opposite side that allow
ventilation and sun but do not provide a view onto other houses. This
type usually averages four to five stories in height, while the
courtyard house rarely exceeds two stories. The oaah house ranges
between two and three stories.
130
It is believed that the sequence in which the three types emerged in
Medina followed the previously expalined classification. However,
the emphasis here is primarily on the fact that even with the changes
in shape and building elements used in each type, all of the three
house types continued to subscribe to the previously discussed legal
conventions on privacy. In the placement of the door on the street; in
the opening of windows; in the raising of the building; and in the
treatment of the roof, solutions in each type differ but they have all
subscribed to the same rules and conventions.
4.2.10 Provision Of Light And Fresh Air
Regarding the provision for sun light and fresh air, early jurists had
very little to say. Discussion of such matters comes usually under
the opening of windows and their relationship to the issue of privacy.
This, however, should not be taken to express a lack of concern on the
part of Muslim jurists. Keeping in mind the very harsh climate with
its very hot sun and the huge amount of light available, and the
tendency within the Arab-Muslim city to have more or less similar
heights within each neighbourhood, it is very probable that this issue
rarely came into question.
On this matter Ibn Al-Qasim was asked about someone who would
erect a high building that would block his neighbours windows,
darken his rooms, and prevent the sun from reaching his courtyard and
the fresh air blowing from there. Could such a building be allowed?
Ibn Al-Uasim stated that he heard nothing from Malik in regard to sun
and air, and that he would not prevent a person from raising his
131
buildings. However, he invoked Malik as saying "one should be
prevented from inflicting harm or damage onto his neighbours". In
response to a similar case Malik, on the authority of Ibn Nail, is
reported to have said: The owner has the right to his property; after
all, if he blocks the sun from the east, the neighbour will be able to
get enough sunlight when it moves westward". In another case Malik
was asked about the individual who opens his windows onto another
house, or lane, to get sunlight and air. His neighbour builds a high
wall that prevents these windows from getting any sunlight. Is the
neighbour allowed to do so? Though Malik responded in the positive,
Ibn Nail and Ibn Kinanah had a different opinion. Ibn Nail could not
allow the building of the wall if this inflicted harm and damage, but
only lithe owner of the wall had nothing to gain by building it.41
In regard to opening windows for light and air, the jurists seem to
have been very sympathetic as long as the did not facilitate intrusion
onto neighbouring houses. Ibn Nail went as far as to allow an
Individual to open his window right onto his neighbours property in
order to get sunlight and fresh air, even lithe neighbour disliked such
an act, so long as no harm or damage was being inflicted. Ibn Wahb
and Ashhab did not go as far; however, they did give an individual the
right to open windows within his own house in order to avail himself
of sunlight and fresh air, even if neighbours objected on the grounds
that these windows might facilitate intrusion onto their private
homes. They both expressed the opinion that as long as the window
was high enough so that the passerby would not be able to see behind
it, then it should be allowed.
132
In summary Islamic Sharia has accepted the principles of today urban
planning ,however the Sharia has established its own parametors
teachings and methodology to achive the common objectives of urban
planning . Also , the Sharia methodology permitts and provides a
process for upgrading , changing and modifying the inherited
regulations and measures within the the principals and values of
Islam.
4.3 ENVIROMENTAL CRITERIA
This part presents the environmental criteria in land policies
formulation and evaluation. The importance of physical environment
in the process of formulating urban land policies is drived from the
fact that environmental conditions are not manmade conditions and
any attempt to develop a site should be considered at the onset, the
physical feature of the site, e.g. climate, soil, topography, etc.
In hot arid zones - desert - the climate factor permeates all
considerations of environment. To make a town as responsive as
possible to climate conditions, several basic techniques for
minimizing the effects of the sun, wind, dust, lack of water and
temperature may be achieved by development control processes, land
policies. Nevertheless, the soil condition as well as the location of
the development are all important factors in the process of providing
satisfaction and comfort for inhabitants of urban areas. The
following sections looks at these elements in the context of our
subject.
4.3.1 Site Selection42
Figure 4.5 : Problems associated with a site in a valley
A. Low Ventilation
B. Reflection
C. Pollution
D. Inversion
E. Flood
133
Arid zones are characterized by various conditions that can be
affected by different combinations of physical determinants.
Policies of land development must adapt criteria designated to
minimize its negative features. Primarily, the physical criteria for
an urban site in an arid zone will include the following:
- Air temperature: Some site characteristics can help to increase or
decrease air temperature. For example, careful location of a site,
relative to water surface, along with proper orientation, vis-a-vis,
the prevailing hot wind will, however, affect its temperature. When
the hot dry air is blown over water, the humidity of the air increases
and its temperature decreases, thus the temperature of the prevailing
winds will be reduced if the wind crosses the water surface before
reaching the site. An example of a bad site would be one at the base
of a foothill, characterized by temperatures higher that those at the
top of the same slope. Such a site will be affected by the adiabbatic
heating of air that occurs as air flows down the slope . Another bad
location would be in a valley, where air overheats • and inversion
occurs (figure 4.5).
- Soil Structure: The combination of low humidity, high temperature,
and drastic differences between clay and night time temperature
strongly affects the geomorphology and landscape or and zones. This
combination produces the and common in these zones. The absence of
vegetation contributes much to the instability of the sand, which is
easily moved by wind. The resulting dust storms may increase urban
maintenance and accelerate the deterioration of buildings. Above all,
such storms cause much human and animal discomfort as well as
harm to vegetation. In contrast, a site at a higher elevation than the
4 (:)
f 3A f40 C
c
L Figure 4.6 : Dust
A4.
A square central courtyard offers good protection from windblown dust and sand (a). The depth of a rectangular courtyard should not exceed 3A unless the long axis is perpendicular to the wind (b). The same holds true for peri- meter courtyards Cc). Barried screens must be of a suitable height and not more than 6m from the building to provide protection (d-O.
Source : Design Primer For Hot Clirnates,by A. Konya . 1980. The Aachitectural Press Ltd. London
••••••••••
134
surrounding area may be less affected by dust storms. However,
simple techniques, such as zoning regulations and other building
design controls, can reduce the impact of sand and dust (figure 4.6).
4.3.2 Climatic Considerations43
Climatic tutors should govern settlement design, building design,
building materials and energy sources uses. All of these variables are
important, however, what concerns us are the first two.
Settlement Design: Topography is an important variable because it
governs what meterologist call microclimate, climate on a very small
scale. Topography also governs the air pollution potential, that is the
possibility of pollutant accumulation, if there are pollutant sources.
Such sources need not be industrial, other agents such as agricultural
machinary, automobiles, and buses are also potent sources. Street
layout is another very important variable in designing a settlement.
Generally speaking, we have to owe due consideration to the winds. If
shade is desired, the buildings may have to be placed close together.
6uilding_p_e3j.gn: The building design likewise should be governed by
the climatic realities. The architecture itself is important, as are
the shading devices, the landscaping, the'shielding that a designer
provides against adverse conditions, and the ventilation. For example,
In a hot area that has very low wind speeds, if the housing is
misplaced with respect to the winds, there will be insufficient
ventilation. The heating and air-conditioning plants of a structure
must be designed with the climate in mind. Another factor in the
FIGURE: 4.7 Reducing Solar Gain
The shaded courtyard provides a source of cool air, by reducing the solar gain.
FIGURE: 4_0 Reducing Solar Gain
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The proper orientation of roads and buildings helps to reduce the total area exposed to the sun.
13 5
design is the roof, if it is not properly designed to absorb heat, the
heat will cause considerable trouble.
There are three general techniques for promoting the comfort of
individuals. They are the use of shadow and breeze, the use of water
elements, and reduction of the impact of solar radiation. In
traditional desert settlements all three techniques are used.
Shadow
Traditionally, the typical dwelling unit is composed of an outer wall
surrounding the building which has an interior atrium and an external
garden. The internal and external spaces have different kinds of
shadow and provide comfort at different times of the day. The
interior atrium, a source of light for the rooms that surround it,
provides indirect exposure during the hottest hours of the day when
the family rest inside. The atrium also acts as a vertical passage and
carries a constant flow of warm air upward, while cool air enters to
make the adjoining living areas comfortable. During the summer
months, the external garden is a comfortable place only in the
morning and evening. Then the temperature is low enough to allow
activity outside where the trees provide shadow and where the lower
shrubs can channel cool breezes (see figure4.784.
Compactness
Compactness is the technique of minimizing the amount of building
surface exposed to the direct radiation of the sun. Compactness can
be specified in many ways, but it is most clearly evidenced by the
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if:7 • 7.
In Hot dry climates building are normally grouped close together to give some shsde to each other and to provide shady narrow streets and small spaces between them.
136
ratio of exposed building surface to the enclosed living volume. A
one-story, single-family dwelling totally detached from its
surroundings exhibits the greatest amount of exposed wall and roof
area to usable floor area. A two-story dwelling can double the usable
floor area while less that doubling the amount of exposed building
surface. If a number of two-story dwelling units are attached in a
row, sheltered areas can be multiplied while adding smaller
proportions of additional surface area. As one combines dwelling
units into multi-family residential building blocks, the ratio of
exposed surface to usable area continues to drop (see figure4.9). At
the scale of the city, the amount of land area not specifically
designated as enclosed private space can be signficantly reduced
through the principle of compactness. The density of residential
areas can reach the level where most external pedestrian spaces are
sheltered from direct sunlight.
Orientation
Because of the severity of the climate, orientation of all structures
must be carefully determined. To minimize the effect of the hot sun,
planners should design all buildings so that their major window
exposure faces north and south. The north face of a building has no
direct sun exposure; while the south face, though exposed to sunlight,
can be controlled. In the summer months, the angle of the south sun
is quite high at midday so that a porch, overhang, or similar device
will provide an effective protecting screen for the occupied spaces
inside. In the winter, the lower angle of the southern sun allows the
sun to pass through the protective screen to warm the face of the
building. The effect of the sun on a building's east and west facades
Figure :4'10 Oriantation
7Yes 90 Degree To Wind
Huh I I II 7No Parallel To Wind
137
is more difficult to control since the angle of the sun is lower in the
morning and afternoon. Exposure to this orientation should be
minimized or carefully considered in terms of potential heat gain.
Although this concept cannot be applied to all buildings (since various
portions of the town will have nonparallel orientation), it is possible
to orient a vast majority of the dwelling units to north-south (figure
4.10). Where the desired orientation is not feasible, a technique of
creating building screens to diffuse the light and heat of the sun can
be employed.
In desert regions, buildings are constructed with, a minimum of
openings so that the amount of direct sunlight entering the structure
can be controlled. Windows are small and infrequent, and indirect
lighting is preferable to direct exposure. In the design of buildings in
a new town, a technique of providing all structures with a second
outer shell of screening elements may be used to reduce the amount
of direct light entering buildings and to minimize the direct exposure
of living and working areas to the heat and glare of the sun. Screens
or porches are placed on facades of those buildings facing toward the
sun. Screens may also be used to cover pedestrian spaces.
Climatical Criteria
In the context of the above discussion of impact of climate on
physical pattern and the possibility to reduce such impact by
development regulations. The following are guidelines for achieving
natural climatization by land development policies.
- Capturing Cooling Breezes: Cooling breezes prevail from the
northwest and west. Effective design for wind can be influenced by
138
subdivision layout. Generally, layouts where roads run at 90 degrees
to prevailing breezes will encourage them to circulate through
buildings. The higher the built density the more important the
principle becomes. Response to wind is also required at the detailed
design level.
* compact urban layouts
* wind towers and water cooling
* natural shading and on-plot planting
* courtyards and arcading
* through ventilation system
* preferred building orientation
* window dimensions and design
- Reducing Solar Gain: The adverse effects of high solar gain can be
ameliorated by building orientation and form and this in turn can be
influenced by land subdivision policies. Detached buildings which rely
on large windows should be avoided. Rather, measures should be
taken which ensure the protection of east and west facing walls,
large windows should, where possible, face north and south, facing
openings should be screened with overhead awnings. Relatively small
north-south oriented retangular plots are likely to result in buildings
which are climatically more responsive than conventional large
square plots.
* building forms
* orientation
* compactness
139
In the following chapters we will examin land policies interms of its
compatabilitg with the above climatical criteria as well as with the
Islamic Sharia .
140
Notes To Chapter IV
1- A. Rahman, 1980, Islam: Ideology And The Way Of Life, pg. 108.
2- The Holy Book, Quran 8.4; 2:177; 65:11 and 4:124.
3- S. Husaini, 1980, Islamic Environmental System, Engineering, pg. 92-116.
4- 0. Liewellyn, 1980, The Objective Of Islamic Law And Administrative Planning, Ekistics 280, pg. 12.
5- F. de Montequin, 1981, The Essence Of Urban Existance In The World Of Islam, pg. 48.
6- 'bid, pg. 52.
7- !bid, pg. 49-51.
8- F. Montequin, 1979, "The Personality And Morphology Of Islamic City", Action, Vol. X No. 21, New York, pg. 6,8.
9- S. Al-Hatholoul, 1980, "Urban Forms In Arab-Muslim Cities", Ekistics 280, Jan/Feb. pg. 15-16.
10-0. Liewelly, 1980, Ekistics 280, pg. 11.
11-R. Ettinghausen, 1976, "The Man-Made Setting", in The World Of Islam, Ed. by Bernard Lewis, pg. 57-88; Oleg Grabar, 1969, The Architecture of the Middle Eastern City from Past to Present: The Case of the Mosque in Middle Eastern Cities, Ed. by I. Lapidus, pg. 19-26. For more detail see I. Lapidus, Muslim Cities in the Latter Middle Age (Cambridge 1967) with a particular complete bibliography, especially on pg. 239-241. Also, G. Grunebaum, 1955, Essays in the Nature and Growth of a Cultural Tradition, Islam, London, pg. 141-158.
12-Quran, 4:60-61; 5:44-45; 47; also 5:48-49; 6:115; 7:2-3; 16;64.
141
13-Ibid, .
14-Rahman, Fazlur, 1960, Islam, New York: Holt Rinehart and Winston, pg. 3, 43-67.
15-M. I. Al-Shall, 1961, Islamic Jurisprudence: Shafi's Risala, trans. by M. Khadduri, Baltimore: Johns Hopkins Press, pg. 288-289.
16-Quran, 3:158; 42:38, Ibn Hisham, Life of Muhammed, pg. 235, 296, 454, J. Schacht.
17-For more detail see, An Introduction to Islamic Law, by J. Schatch and 0. Liewellyn, The Objective Of Islamic Law And Administrative Planning", 1980.
18-Zaki Yamani, 1968, pg. 18.
19-0. Liewellyn, 1978, pg. 281.
20-Zaki Yamani, 1968, pg. 19.
21-Ibid, pg. 20.
22-Ibid, pg. 25-27.
23-Ibid, pg. 27.
24-0. Liewellyn, 1978, pg. 282.
25-Prophet Hadith, quoted from H. Hajarah, 1982, Public Land Distribution in Saudi Arabia.
26-Most of the information in this section is from H. Hajarah, Public Land Distribution in Saudi Arabia.
27-S. Husaini, 1980, pg. 120-144.
28-Ibid. pg .145.
29-Ibn Khaladun, The Mugaddimah, An Introduction to History, trans. by F. Rosenthal, 1974, Princeton University Press, pg. 263.
30-Ibid, pg. 267.
142
31-Mel Scott, 1969, pg. 237.
32-Prophet Hadith, quoted from Al-Hazluol, 1980, pg. 67.
33-Ibid, pg. 68-71.
34-Ibid, pg. 83.
35-Ibid, pg. 83-92.
36-Ibid, pg 92-103.
37-Ibid, pg. 105.
38-Prophet Hadith, quoted from Al-Hazluol, 1982, pg. 71-77.
39-Salah Al-Hazluol, Ekistics 280, Jan./Feb. 1980.
40-For more detail about this section see: A. Golang, 1979, Arid Zone Settlement, The Israeli Experience; and G. Golany, 1978, Urban Planning for Arid Zones: American Experience and Directions; M. Petrov, 1976, Deserts of the World.
41-For more detail about Climatology see: J. Aronin, 1953, Climate and Architecture, and G. Golany, Ed. 1978, Urban Planning for Arid Zones; and G. Golany, 1983, Design for Arid Regions.
143
CHAPTER V: LAND DEVELOPMENT RESPONSIBILITY
5.1 INTRODUCTION
The subject of land development policies can be viewed in two
perspectives: (a) minimal scope where government intervenes minimally
In regulating land resources under the heading of land tenure, public land
management, land title registration, land laws and courts, property
taxation and government property management; and/or (b) the scope goes
beyond the minimal when government is more actively involved in
owning, using and developing urban land resources; there could be seven
additional components - central government relations, central
government fiscal and monetary policies, housing policies, regional
development policies and urban planning control. These wide-ranging
scopes clearly cover policies which go beyond the focus of land in the
context of this study.'
Since land policies are the instrument for implementing development
plans and they should be seen in the comprehensive framework of
planning (the wider scope of land development policies). Therefore, to
undertake an analysis for urban land policies we should understand the
mechanisim by which plans proceed to the stage of plan implementation,
which this study is concerned with; as well as to understand the nature
of these plans for which land policies have been established.
Therefore, this Chapter will examine the structure and functions of the
planning machinery at the local and central level, the relationship among
144
national and local plans, the linkage between physical and social-
economic planning, and the relationships between local planning offices
and municipalities.
5.2 BACKGROUND
Saudi Arabia is an Islamic monarchy which has developed from a
monarchial to a ministerial rule. The duties of the King-Imam are
defined in the Sharia law (religious Islamic law as recorded in the Quran
and interpreted in the Hadith, the Prophet's sayings) which recognize the
Imam not as an absolute hereditary monarch, but as one who reigns in
order to rule for the public good. The following quote from Islamic law
illustrates this concept: "Of all the agencies and organized bodies of the
government of Saudi Arabia, the Council of Ministers is the most potent.
It is derived directly from the King. It can examine almost any matter in
the Kingdom."2
The Royal Decrees, proclaimed in 1953 and 1955, which provided for a
Council of Ministries and laid down its functions, may be regarded as the
beginning of the "constitutional regime", the first formal step towards
the system of popular consultation recognized by the Sharia law.3
Until recently, the Saudi Cabinet consisted of fourteen ministries
represented in the Council of Ministers. But the cabinet formed on
October 13, 1975, increased the ministries from fourteen to twenty .
These twenty ministries are:
1) Defence
2) Foreign Affairs
3) Labour and Social Affairs
145
4) Interior
5) Education
6) Communications
7) Agriculture
8) Finance and National Economy
9) Petroleum and Mineral Resources
10) Health
11) Commerce and Industry
12) Pilgrimage and Endowments
13) Justice
14) Information
15) Housing and Public Works
16) Municipal and Rural Affairs
17) Higher Education
18) Industry and Power
19) Telegraphs, Post and Telephone
20) Planning
An element of decentralization was introduced in 1963 when the country
was divided into thirteen provinces each with an appointed governor, who
is in charged with local administration, maintenance of order and
implementation of Sharia judgements. Various ministries have field
offices, and the Ministry of the Interior is responsible for appointing
Governors of each province but Saudi Arabia has no effective local
government as the term is understood in Western democracies. The
municipalities are completely dependent on central government for funds
(no kind of local form of national taxation exist in Saudi Arabia). The
people expect the government to provide whatever utilities and services
are necessary, and the government accepts an obligation to do so. The
146
only form of local election is for council members, called Al-Majlis, Al-
Balaladi, who have only an advisory function. Their advice is directed to
a chief municipal executive - Mayor - who serves as a administrator of
local municipal functions!,
Of the twenty ministries noted, the Ministry of Planning (MOP) and the
Ministry of Municipal and Rural Affairs (MRA) are the two included in
planning and development as it relates to our subject. The Ministry of
Planning acts as an instrument for planning and coordinating economic
and social development, for concentrating resources on priority
programmes and projects, and for evaluating success in achieving
national objectives and targets. Whereas, the Ministry of Municipal and
Rural Affairs is concerned with regional and local physical planning and
municipal work, e.g. development controls, utilities, etc.
5.3 THE PLANNING MACHINERY5
5.3.1 The National Level
Steps toward formal planning in Saudi Arabia began in early 1959 when
the government established the Economic Development Committee
consisting of six financial, economic and industrial advisors of the
government. Later, because the Committee had not functioned
successfully, it was replaced in 1961 by the Supreme Planning Board.
Dissatisfaction with the performance of the Supreme Planning Board led
to the establishment of the Central Planning Organization (CPO) which
essentially superseded it. And later became an indepentent Ministry.
147
The CPO was established by Royal Decree No. 19, dated the 17th Ramadan,
1304 A.H. (1965 A.D.) and its functions were defined in Council of
Ministers Resolution 430:
1) To prepare a periodic economic report;
2) To formulate economic development plans;
3) To estimate the overall resources needed to implement
the plan;
4) To assist the various ministries and government
agencies in their economic planning;
5) To assist in the establishment of planning units in each
ministry and public agency; and
6) To supply the King with needed technical advice.
The organization consists of four departments; the planning department,
the research department, the follow-up department, and the
administrative department. The planning department prepares the
economic reports and formulates development plans. Due to the
ministerial reforms of 1975, the current Ministry of Planning superseded
the Central Planning Organization, ensuring that national planning
functions were supported and encouraged by the highest level policy
makers.
The Ministry of Planning is certainly an integral part of the overall
government structure, guiding the design of economic policy and
coordinating the needs of various government agencies and commissions.
At the same time its actions must be influenced by the realities of day-
to-day operations of the ministries which frequently reveal many
additional needs of the country in its various economic sectors. Its
plans are nonetheless constrained to some degree by other governmental
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agencies such as the Ministry of Finance, the Saudi Arabian Monetary
Agency, and the Ministry of Petroleum. Close cooperation and
coordination with these agencies is essential to ensure that the plan
does not exceed the available resources and that monetary and banking
policies are carried out in a manner that will accelerate development
without endangering the fiscal and monetary stability of the country.
Thus, to achieve its goals, the Ministry had developed a set of four
stages to a planning procedure. First, the ministry is to analyze the
state of the economy and publish its findings in a report. Second, on the
basis of the economic report and in cooperation with the other
ministries, the ministry designs the development goals.
These development goals are then submitted to the Council of Ministers
for final sanction, upon which they become the foundation for the
development strategy. Third, upon approval of the general strategy, the
Ministry of Planning assists and coordinates the transformation of that
strategy into action by the various ministries and agencies. Following
the development of targets, projects, and actions to be carried out in the
inplementation of the overall strategy, the Ministry combines the various
elements into a single plan to be submitted to the King for approval.
Finally, acting in concert with the Ministry of Finance, the Ministry of
Planning assists in reviewing past events, the current situation, and the
possible course of future events as expected from the successful
implementation of the planned projects and policies.
However, it should not be understood that the end product of the Ministry
of Planning is an economic development plan; the National Plans, which
covers all aspects of development-economic, social and physical, also in
general goals, objectives and strategies.
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5.3.2 The Local Level
The age of regional and urban planning in Saudi Arabia is younger than
national planning. The physical planning in Saudi Arabia started only
twenty years ago, with the planning of two important cities: the holy
city of Makkah and the port city of Jeddah on the Red Sea. As towns
became the center of economic, social, political and cultural activities,
the government established a Deputy Ministry of the Interior for
Municipal Affairs in 1965. One of the deputy ministers functions was to
establish a comprehensive planning programme for the future growth of
the urban areas. To achieve this goal the Deputy Minister of Municipal
Affairs divided the nation into five planning regions in order to
facilitate the preparation of regional physical plans.
In the ministerial reform of October 1975 was created, the Ministry for
Municipal and Rural Affairs (replaced the Deputy Ministry of the Interior
for Municipal Affairs). Its aims were: 1) to provide the best means for
expansion and development of the Kingdom's towns and villages, 2) to
promote local services and utilities, and 3) to plan future growth. The
new ministry was divided into : 1) Deputy Ministry for Town Planning,
responsible for regional and town planning; 2). _Deputy Ministry for
Municipal Affairs, responsible for the management of the 102
municipalities of the Kingdom; 3) Engineering Affairs and Rural Affairs.
Local Planning Machinery
The Deputy Ministry for Town Planning (DMTP) is primarily responsible
for physical planning activities in the Kingdom. The DMTP exercises
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planning functions at local levels through the regional town planning
offices. There are seven regional planning offices in the Kingdom
enpowered to exercise, guide, supervise, and control the planning
functions of municipalities and rural areas within their respective
jurisdiction.
Function Of Town Planning
The broad functions of the town planning offices can be summarized as
follows:
I. To assist in the preparation process of master plans,
action plans, and detailed area plans within its region;
2. To collect data, undertake land-use and other surveys in
relation to the above mentioned activities;
3. To provide town planning advice and technical assistance
for planning to local municipalities under its control;
4. To prepare subdivision maps and detailed land-use plans
for existing and future development;
5. To ensure coordination of functions between
municipalities and other executive agencies of the
government;
6. To assist in land acquisitions for public uses including
the checking of areas, land prices, etc.;
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7. To approve and revise, if needed, the detailed plan
for each municipality within the framework of the
respective master plans;
8. To follow-up consultants work in the preparation of
master plans for municipalities and rural areas
within its region, and;
9. To maintain technical archives containing maps,
drawings, etc., relevant to its region.
5.4 Municipalities6
Since the early 1960s, Saudi Arabia experienced a great deal of
development in all sectors. In 1970 the government's efforts started a
more controlled approach for development which resulted in the series of
Five Year Development Plans. Accordingly, municipalities were given
greater responsibilities and offered expanded services, resulting in an
expansion of the entire municipal system at the central, regional and
local levels. Thus the government realized that it was necessary to
reorganize the system and establish the Ministry of Municipalities and
Rural Affairs to replace the Deputy Ministry of the Interior for Municipal
Affairs at the end of 1975.
The ministry took the first step toward modernization by contracting
with a foreign consultant, McKinsey International, to study and focus on
decentralization in a new organizational structure. The result was a
decentralized organization which extended more responsibilities to the
municipalities and the regional offices, leaving the central
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administration in charge of general municipal policy, planning,
supervision and follow-up.
5.4.1 Organization of Muncipalities
According to the new decentralized system of the Ministry of Muncipal
and Rural Affairs, greater authority and responsibility have been
delegated to the municipalities. Social and economic development
outlined in the Five-year development plan led to increased need for
services, both in quantity and quality; and many muncipal functions
were undertaken such as water systems, and private building
construction inspections. There was also a belief that local planning
and problems were best handled at the local level. All these increased
duties necessitated the reorganization of the municipalities.
In 1977, there were about 100 municipalities in Saudi Arabia serving a
range of population from over 700,000 to less than 10,000 inhabitants.
The first step was to evalutte eanci tliassn tt\ese. mc.tntc.4t3A(Xes
determine the extent to which functions and responsibilities could be
delegated and the consequent need for increased staff .
The result was a four-tier ranking of municipalities: "A" for cities over
300,000 population, "13" for towns over 100,000 people, "C" for towns
with + 30,000 people and "D" for small town (+5000 people). New
organizational structures were devised for each of these ranks.
Class "A" Municipality_
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The Class A municipality has no direct authority connection with
regional or ministry officials except the Minister. But it does
cooperate and coordinate many matters with the central ministry
system, regional offices, and other municipalities. Thus, the Class A
municipality is a highly independent system; its Municipal Mayor and
Municipal council have complete authority to manage and control its own
affairs and services according to the 1977 ordinance, except for those
matters which must be approved by the Minister, either administratively
or financially. Its budget is also independent so, after it obtains the
Ministers approval representatives negotiate directly with the Ministry
of Finance.
There are four Class A municipalities - Makka, Al-Madinah, Al-Riyadh,
and Jeddah - so designated because of their spiritual, political afirl
commercial importance.
While the Class A operate within the general policy guidelines and
standards of the government and the Ministry, they have a number of
specific responsibilities.
1. Setting local policies and priorities for its
services and development its own approach
to the provision of services;
2. preparation and approval of its master plan;
3. selection and supervision of consultants;
4. preparation of the annual budget;
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5. preparation, control and supervision of all the
municipal projects in the city;
6. selection of contractors and establishment of
required payment procedure;
7. preparation of projects detail design and
specification and preparation of tenders;
8. all administrative affairs;
9. provision of all kinds of municipal services;
10. all land administrative tasks.
Class 5 Municipality
The Class 5 municipality refers to a town with an average population of
100,000 people. It reports to the regional office which assumes a part
of the technical, physical, and planning responsibilities, depending on the
abilities of the municipality. It has complete autonomy with regards to
municipal services and internal administration. The regional office
acts as a supervisor, assistant, and coordinator.
The Function of the Class 13 municipality are similar to those of Class A
municipalities but with certain limitations. Therefore, the Class 5 is
responsible for:
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1. All land services with the help and cooperation
of the land department in the regional office's;
2. design and construction of small and medium sized
projects;
3. coordination of consultants and the implementation of
infrastructure project;
4. all required administrative works;
5. all the rest of municipal services, and
6. preparation of city, technical, and development plans
with the cooperation of the regional office.
Financially, it is responsible for the preparation of
the annual budget which it provides to the
regional office.
Class C Municipality_
The Class C municipality refers to towns with an average population of
30,000. It reports to the regional office which guides and supervises
it. The Class C municipality depends on the regional office more
because of its lack of technical and skilled manpower to perform jobs
which require experts. Accordingly, Class C municipalities are
responsible for:
1. all required municipal services;
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2. distribution, operation, and fee collection for
the water system;
3. participation in the preparation of plans and
determination of the city's priorities;
4. carrying out small projects according to their
capabilities;
5. preparation of the budget, and
6. overseeing administrative affairs.
Class D Municioli/g
Class D municipalities are those cities with average populations of
5,000. Most of the municipalities in this class have been established
within the last decade; because of this smaller populations, they have
proportionally smaller responsibilities. The responsibilities of this
class of municipality include:
1. issuing permits and inspecting buildings;
2. designing and implementing projects under this
immediate control;
3. providing needed municipal service, and
4. performing internal administrative affairs.
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5.5 WATER AND SEWAGE DEPARTMENT
Water affairs in Saudi Arabia are administered by two different
ministries - the Ministry of Agriculture and Water and Ministry of
Municipal and Rural Affairs. The Ministry of Agriculture and Water is
responsible for water resources and their development for the delivery
of water to cities and villages, and for things related to these services
(e.g. dams, wells, desalination of sea water).
The Ministry of Municipal and Rural Affairs is responsible for the
construction and operating the water systems, the collection of fees,
management, and maintenance of water inside city limits. The sewage
system is, only the responsibility of the Ministry of Municipal and Rural
Affairs alon. The Ministry has divided these duties into two categories:
(1) a municipality takes care of water and sewage affairs in its area as
municipal services; and (2) a city has its own water and sewage
department.
Therefore, the Departments of Water and Sewage are responsible for
developing projects for the cities they serve so that water and sewage
networks reach every household. They strive to reduce maintenance
problems of old systems, increase water resources, and set standards
for contractors to apply. In addition, they are responsible for operating
and maintaining the existing water and sewage plants. They provide
their customer with such needed services as water distribution and
sewage disposal, system connection, and meter reading and fee
collection. Each department has its own administrative and financial
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staff and has control and responsibility over administrative and
financial affairs according to regulations.
5.6 NATIONAL AND REGIONAL CONTEXT FOR PHYSICAL PLANNING7
The planning function of Saudi Arabian municipalities has traditionally
been subservant to higher administrative levels: the Ministry of
Municipal and Rural Affairs (MRA) and its Branch of town glanalag
department in each regional capital. It is the responsibility of the
Ministry's Undersecretariate for town planning to initiate the
preparation of local plans, supervise their development in accordance
with national standards, and approve their implementation following a
review by the municipal council and, more importantly, the provincial
governor. Once adopted, master plans are binding and the development
regulations they contain are to be strictly adhered to by the
municipalities.
Municipalities of grades 8, C, D have little local autonomy, their major
planning function being the implementation of the MRA approved
structure plan. Where municipalities of Grade A have more local
autonomy in the form of master plan preparation and other municipal
functions (previously discussed). Land development policies follows
national standards and national regulations, first codified in the
"Regulations on Roads and Buildings". Numerous subsequent amending
and supplementary decrees have been issued, dealing with both
procedural and substantive matters. National policy has stressed the
formulation and implementation of common land development regulations
pertaining to all municipalities. Although individual municipalities
may adopt their own regulations, they must be compatible with national
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codes and deviate, except in extraordinary circumstances, from the
minimum standards adopted for the Kingdom. In all instances, whether
they are regulatorial or policies for implementations, they are subject to
a hierarchial review and approval process, at the provincial level and by
MRA.
The reorganisation of MRA (discussed previously) that implemented in
early 1973 proposed to differentiate between larger municipalities
capable of supporting their own technical staff and smaller towns. The
expanded regional offices of MRA proposed by the McKinsey Report are to
assume management and supervisory responsibility for all MRA
programmes as well as provide technical support to smaller
municipalities and rural areas. Regional planning offices are specifically
responsible for.
1. Developing regional statistical series for planning
purposes;
2. Conducting special studies of a regional nature;
3. Preparing master plans and detailed action plans
for local areas lacking planning capabilities (C,D);
4. Providing a range of technical services to local
governments ; and
5. Supervising the disposal of public lands and the
expropration of private property for a public purpose.
160
Although many of these technical responsibilities are clearly designed to
overcome the shortage of qualified professionals in local administration,
even the large municipalities with adequate staffs will be subject to a
close scrutiny of their planning and land development activity to ensure
compatibility with national objectives and standards. Only the three
principal cities (Jeddah, Riyadh and Makka) are to be exempted from
regional review and will continue to report directly to a special office in
MRA. Similar status may be granted to the Damman-Khobar-Dahran
metropolitan area.
The policy-making function is the responsibility of Regional High
Planning Committee composed of the provincial Governor, the provincial
Director General of Municipal and Rural Affairs, local notables, and
representatives of relevant line ministries. The High Committee will
approve all master plans as well as action and project plans that may be
referred to it by the Regional Planning Subcommittee as a result of their
intrinsic importance of their controversial nature. It should be noted
that the Minister of Municipal and Rural Affairs retains the power to
review and approve or disapprove all regional High Planning Committee
actions.
The Regional Planning Subcommittee is composed of representatives of
the provincial Governor, the regional Deputy Director General of MRA,
local notables, and representative of line ministries. Its responsibilities
include reviewing draft master plans and recommending action by the
High Planning committee; approving all local action area plans, public
projects, and large subdivisions proposed by or submitted to the
municipalities; and identifying significant end/or controversial planning
issues to be referred to the High Planning Committee.
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The linkage between the local planning offices and the municipalities is
a crucial factor in formulating and implementing local programmes.
Hypothetically, besides the management of the public utilities, road
construction, development control and hygiene control, the technical
division in the municipalities should prepare the working drawings for
the detailed planning projects proposed by the local planning offices as
well as the full control of building codes and planning regulations
approved by the planning authorities.
On the other hand, the municipalities, through their survey section, need
to provide the local planning offices with all information and data
related to land ownerships, building permits, road construction,
underground water, and public utilities. In the meantime, the
municipalities should not undertake public utility studies without full
consultation with local planning offices. Long term projects of public
utilities are usually approved by the central planning authorities.
Finally, the more close and cooperative a relationship between local
planning offices and the municipalities can become, the more adequate
local planning will be and the more successful the implementation of
local projects and programmes.
5.6.1 Relationships Among National, Regional And Local Plans
The linkage between the plans of various levels of government is a
crucial factor in the ability of planners to generally stimulate agreement
and coordination within the intergovernmental system. In addition,
these linkages are crucial to correlation between physical and socio-
economic plans (the socio-economic plans are frequently national,
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whereas the physical plans tend to be local) and to the functional
comprehensiveness of planning activities.
The Deputy Ministry for Urban Planning holds a central Planning status
and deals with the physical aspects at the national, regional, and local
planning levels. On the other hand, the Ministry of Planning is the
national organization dealing with the socio-economic aspects at the
national level. This means that the planning process will not operate
according to planning levels, but according to planning aspects.
The intergration of these aspects, which should be achieved at all
planning levels, require a capable national planning organization. An
efficient urban management system should be based on the fact that the
national authorities should play a prominent role in the formulation and
execution of urban development programmes in various parts of the
country. - Since municipalities have very limited financial resources, as
well as they are also last able to obtain the advice of technical experts
to deal with the problems of development with the areas under their
administrative jurisdiction.
Theoretically, this suggests that the integration of socio-economic and
physical aspects could be achieved at all plannning levels. On one side,
the Ministry of Planning is dealing mainly with the socio-economic
aspects of planning at the national level. These aspects should then be
reflected in the spatial context of regional planning. On the other side,
the Deputy Ministry for urban planning will be dealing mainly with the
physical aspects of planning at the local level within the socio-economic
context of regional planning. This means that the inter-relationship
between the two bodies could be activated at the regional level, as this
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is where effective coordination between the two bodies seems best
capable of achievement.
5.7 PHYSICAL PLANNING
Saudi land development policy consists of three categories. First, the
land grant programmes, second Real Estate Funds, and finally planning
policies. The last one consists of land-use planning guided , through, e.g.
conventional delination of perrnissable use of districts, maximum
building rights, location of public programmes, etc. All together they
form the physical planning of Saudi Arabia at the local level. So, simply
it refers to land-use planning.
Theoretically, the term usually refers to two things: land-use plans and
land-use planning. The former has tended to be a static concept in which
specific land-use, identified on the map of a community, which in return
becomes the model for guiding land-use decisions over some specific
period of time; where as the later in more of a dynamic process generate
variables and evaluating them through a revolving process which at a
certain stage produce the "former. The first may be applicable to an
area no longer growing, but even in this case its appllabilitg may be
questioned. Thus, concern has increased to modify the form of
traditional land-use plans, especially in order to accommodate the
dynamic process that influence land-uses. A further distinciton has been
made regarding whether or not a plan itself should be binding.
However, planning for land-use may become indicative when the planning
authority has little power, is not directly concerned with growth, or has
few tools by which to control development or to implement its
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recommendation. When tools exist in the absence of plans, they may well
freeze patterns of land-use according to legislative intents rather than
In the context of a plan. Static plans, plans without power, and tools
without plans are themselves major barriers to effective land
development.
In the case of Saudi Arabia the situation is more critical in terms of the
country's development and growth process which is accelerating faster
than the traditional approach of the rigid long period Master Plan.
Almost all Master Plans which were put for implementation before 1974
have failed for the reason of rigidity, such as the case of Jeddah, Yanbu.
By 1975 the country recognized the need to adopt more flexible approach
to plan. Making the efforts by the local and national authorities resulted
In a more flexible aproach by 1976 - for some parts of the country. The
new approach resulted in replacing the comprehensive long period rigid
plans by structural plans, state policy towards development and general
land-use, emphasizing environmental improvement and the relationship
between transportation and neighbourhood areas. Comprehensive
treatments are reserved for selected action areas of local plans, which
require specific development of a part of all the action areas.
This approach by nature required more skilled manpower to manage it;
for this reason its been limited to higher grade municipalities "A" and
"B", of which have more administrative capabilities. As a result lower
grade municipalities such as "C" and "D" suffer from the same reason
that forced the competent authorities to adopt different approaches than
the traditional rigid approach - the case of Yanbu for example.
165
Nevertheless, the higher grade municipalities which are assumed to have
more skilled manpower have shown a lack of competence to deal with
Issues of complexity, e.g. cost effectiveness for priority development
programmes, estimation of future needs for land, development; control
enforcement, etc. This situation leaves us with a question about the
validity of the approach as an alternative to the rigid, but more simple
system. But that does not mean that the previous system is more valid,
Instead, what we need is more understanding of the existing capabilities,
level of development and the rate of change and growth.
However, where the traditional approaches are still in operation,
problems of out-of-date information, rate of growth that have not been
anticipated and changes in development techniques have made the task of
development control difficult and insufficient.
5.8 CONCLUSION
The government in the process of implementing sectoral plans, did not
neglect the need for a broad strategy for physical development in the
country. The government is tnjing to integrate socio-economic
development within the physical development of the Kingdom. The idea
Is that in the long run, a convenient, efficient, and safe physical
environment can be provided within the entire nation that will be able to
sustain steady economic growth and social development.
Such integration is not an easy job. Professor Mark Fortune has argued
that "while comprehensive planning may seem a logical thing to do, in
practice it is hard to carry out. The problem is how to integrate the
various plans (socio-economic and physical) into a comprehensive,
166
integrated whole . To my knowledge no one, yet, has devised a method
for weighing needs in the fields of municipalities so that all parties
concerned are convinced. This still is a matter of judgement and of
political bargaining"8.
In the Kingdom the major obstacle in any integration process between
socio-economic and physical planning is the lack of coordination and
cooperation between the various planners. The Ministry of Planning, as
has been pointed out before, is responsible for the formulation of
national socio-economic development plans. However, a number of
ministries are responsible for urban development. Ministry of
Electricity and Industry is responsible for the generation and
distribution of electric power; Ministry of Post, Telegraph and
Telephone Services and the same situation applies to numerous other
ministries and public agencies.
The Deputy Ministry for Town Planning is responsible for all physical
planning on the national, regional, and local level. Each Ministry is
planning and executing its development programme quite independently
of the other ministries. Due to a lack of mutual cooperation and
coordination between the various ministries the planning and execution
of urban development programmes is seriously affected.
National development in the Kingdom has brought in its wake a broad
array of programmes and projects of a socio-economic and/or physical
characters which are substantially affecting the quality of life in the
cities and villages of the Kingdom. These programmes and projects
have so far been initiating and implemented on a sectoral basis with
little concern for their locational aspects from the standpoint of
167
physical planning, their impact on other sectors, or their consequences
and impact on the overall objective of national development.
The existing system of sectoral planning in the Kingdom demands a great
deal of horizontal co-ordination. Theoretically , the horizantal co-
ordination , the local level must be refflected in local plans -physical
plan.; the case is different at the local level, in Saudi Arabia, where co-
ordintion almost dissappear in terms of planning as well implementation
• These points of concern have been reflected at United Nations report on
physical planning,1980.
The United Nations physical report differentiated between two planning
processes, undertaken by two planning organizations. The first
organization would deal with the major projects due for implementation
by the different government ministries; the second is to deal with the
short-term planning actions derived from the five-year development
plans. Most programmes may be initiated by any ministry through the
council of Ministers or Ministry of Planning as has been illustrated
through a series of socio-economic development programmes.12
Regarding the first channel of the planning which deals with the major
development projects due for implementation, the report suggested that
planning studies initiated by the ministry concerned should be carried
out with the full participation of the concerned regional and urban
planning departments in order to achieve full coordination between and
within each major project. The report listed two main reasons for
foregoing suggestions: the first is that planning units in the different
ministries do not possess enough personal, diversified disciplines in the
field of planning especially in their own planning departments. The
168
second reason is that in practice, the ministries concerned generally
contact specialized consultants for their major projects and these same
consultants are frequently not available to the sectoral planning units of
town planning departments.
The report further indicated that supervision of this process should be
under the control of Physical Planning Coordination Committee (PPCC)
which should include deputy-level representatives from all ministries.
In this case, the proposed local planning section in a town planning
department would be concerned not only with the coordination of major
development projects but with supervision of the consultants during
planning preparation and feasibility studies. This section would then
act as a technical sector of the PPCC.
After the PPCC approves the planning studies prepared by the
consultants, the work will be transferred to the ministries concerned in
order to take the necessary measures for execution, including the
preparation of a detailed step by step of each project and the designs of
construction supervision.
The second channel of planning for action deals with short and
intermediate term planning activities. Most of the planning studies at
this level, according to the UN report, should be carried out and
supervised by the Ministry of Planning. At this stage, the role of the
regional planning sector of the Town Planning Department would be to
cooperate with the concerned sections in the Ministry of Planning in
putting the output of their socio-economic planning studies in the
spatial context of regional planning prior to its approval by the national
planning committee. Projects which are committed for implementation
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without going through all the above steps will be sent through the
previous channel of coordination for planning and feasibility studies by
the department concerned or by special consultant.
The scale of lack of coordination, especially, between the local authority
and the regional reflected clearly at the scale of "C" and "D"
municipalities. An example for the situation is the case of Yanbu; which
can be summarized as :
- Lack of initiation, formulation and awarding of planning studies;
- Out-dated scheduling of the execution of development projects under
various sectors.
- Lack of providing critical inputs to the regional level for the purpose
of plan modifications and;
- Lack of reveiwing of development projects between ministries.
In order to integrate the socio-economic and physical plans, to relate
development to the needs of the people, to streamline the formulation of
programmes and projects on the basis of the existing and emerging
problems of towns and cities, and to bring about a meaningful
relationship among the programmes and projects of various sectors, the
deputy minister of town planning was recently entrusted with the task
of coordinating the programme and projects implemented in the local
plans . This, however is not sufficient . Local participation In
formulating as well as implementing local programmes is
required.Nevertheless, physical plans whether they result from a static
or dynamic approach have to be based on the socio-economic plans
variables and they should have a system of which any modifications
' should consider these variables and aspects of socio-economic plans e.g
houshold size, Income, level of education , house ownership
170
To summarize, in our analysis of the existing system and approach to
physical planning , two issues of concernhave emerged. The first is the
question of applicability between the traditional rigid approach to
physical planning ( comprehensive plan ) and the more dynamic flexible
approach to physical planning ( structrual plan). The second issue is
related to "sectorar system for planning, which results from the
centralized system vs. the horizontal system; the co-ordination and
integration of planning and implementation of physical regulations and
programmes.
rn Notes To Chapter 5
1- N. Lichfield, 1980, pg. 12.
2- F. Al-Farsy, 198.0, pg . 5-
3- F. Al-Farsy, 1980, pg. 6.
4- M. Yomoni, 1981, Administrative Framework For The Physical Development Of Yanbu Sub-Region, unpublished thesis, University of Pittsburgh.
5- S. Adam, A Report on the Development Of Planning Organization In Saudi Arabia, (Saudi Arabia: Central Planning Organization, 1965), pg. 6, and a report prepared by The Standford Research Institute for Reorganizing the Administrative Structure of Ministry of Planning, 1975.
6- This information in this section is derived from McHinsey International, Inc., Mastering Urban Growth: A Blueprint For Management, a report prepared for the Ministry of Municipal and Rural Affairs (New York, 1978).
7- United Nations Technical Report of the United Nations Physical Planning Project. Prepared for Deputy Minister for Town Planning, Ministry of Municipal and Rural Affairs. Riyadh: Kingdom of Saudi Arabia, May 1976.
8- Mark Fortune, Some Requriements for Effective Planning at Local Levels of Government, Planning and Administration, (The Hague, Netherlands: IULA and LFHP Publishing Co., 1977), pg. 82.
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CHAPTER VI: LAND DEVELOPMENT POLICIES IN SAUDI ARABIA
6.1 INTRODUCTION
In the previous chapter we examined urban land development and its
problems in Saudi Arabia. The purpOse of this chapter is to analyze
those problems in the context of existing lend development policies.
The chapter is composed of two parts: the first part will review
existing land policies in Saudi Arabia; Whereas the second will
analyze and evaluate the preformance of the land market with
reference to land policies.
This chapter consists of three sections. The first one looks at land
tenure in Saudi Arabia and the ways by which land becomes available
in the market. The second section reviews the legal instruments for
controlling land development. The instruments cover regulation of
land ownership, trading, use of land and public assistance for
development. The third section looks at the land market in Saudi
Arabia.
6.2 LAND TENURE1
After World War 1 and the decline of the Ottoman Empire, the
movement towards the creation of a new state in the Arabian
peninsula culminated in the proclamation of King Abdul Aziz (lbn
Saud) as the King of Saudi Arabia in 1932. The new state is an
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Islamic State and has adopted the Divine Book as its constitution.
Within the new state some forces and elements relevent to
fundamental aspects of land holding had to be accepted and
incorporated into the workings of the new State with its own specific
statehood needs.
It is clear that in the Arabian Peninsula Islam always reflects the
hardships of tribal life in arid and semi-arid environments, and
stresses equality and brotherhood. The Arabs accepted and followed
the Sharia concept that everything on the earth belongs to Allah and
his people are his representatives who share the utilization of what
had been found. The King, according to Islamic Sharia, is the qualified
representative of the community, who had the authority of controlling
community proprietorship.
Individuality and separation are the main characteristics of any one
tribal group. The area occupied by a tribe is regarded as being in its
absolute possession. The situation was different in those areas
which fell under the Ottoman Empire. In those areas, the Ottoman
Empire legal codes applied and remained even after the formation of
the state of Saudi Arabia.
However, in general, where claims already exist, the State's
responsibility has to be faced through insisting on its right to
control, otherwise, all land becomes known as public land.
First there can be the acceptance or rejection of pre-existing land
claims. King Abdul Aziz temporarily accepted many of the
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administrative customs in the new State to avoid friction, but he
changed the administrative gradually to put all powers in his hands as
Head of State.
Tribal claims were affected, because according to the belief of some
tribal groups, any devolution of authority gave them total power in
their territory, the King gave some of those tribal leaders, the
Sheikhs, limited rights of disposition for the purpose of settlement
or distribution among their people. This concept was thought of as an
inducement for tribes to substitute calm and peace for aggression.
During the Ottoman rule, of west and east Saudi Arabia, granted titles
to land were of particular importance. The new state accepted the
situation, and former titles were not rejected by the state as long as
they were not clearly against religion. These titles related to
ownership of areas including mountains, valleys and water channels;
many cases were taken to and warrented by the Islamic Court and its
judgement was accepted.
The land and property of superceded governments was located in
Hijaz, Al-Hassa, Qatif and other areas. Regarded as community
property, this land became utilized under a contract lease system
applied to agricultural areas, and also to unutilized land.
Responsibility for it is held by the Ministry of Finance and National
Economy for the national community.
Secondly, there was an insistence on the illegality of any land claim
made without state permission; this was based on a strict
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interpretation of Sharia. An ordinance of Sharia Courts was issued in
1952, to unify an organized system of courts in the whole community
and to council others. Articles 85 and 86 are the most important
relating to the control of land appropriation.
Article 86 provided that in cases where the Court is requested to
issue an appropriation deed for undeveloped land, it should refer the
matter to the financial authorities for guidance, in addition to the
procedures contained in Article 85. In 1957, the Chief Justice made a
final ruling and confirmed that the deed (unutilized and unowned) can
be owned by utilization. "He who utilized the land claimed it as his
own, whether or not he had permission from the Imam. He who
surrounded a land by stones, it became his own free of charge. When
an interested person received it he had to utilize it or leave it. Any
dispute or interpretation by municipality or another will refer to
Sharia. Anybody trying something else is not going in the direction."
This was the decision of the Chief Justice of Saudi Arabia and
remains authoritive, but other jurists still prefer a requirement of
permission for the benefit of land control.
The appropriation of utilized and unutilized land by individuals and
groups who claimed that their titles had legal basis gave rise to other
problems. In some cases it seemed that jurists had confirmed
proprietorships of the division of utilized land by written documents
or deeds. Similarly the disposition of unutilized land sometimes
appeared to be confirmed by deed or written document. It therefore
became necessary first to insist on complete ownership registration
documents. However, private appropriation of these lands and
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ownership claims were rejected. A Royal Decree of 1967 ruled that
anybody who henceforth alleged land appropriation would have his
allegation disregarded. Another Decree of 1968 also ruled that
undeveloped lands are owned by the Government, that the
appropriation of such land by anybody is not recognized, that any deed
supporting such appropriation is cancelled and that the claimant shall
be made to understand that this is a trespass for which he may be
penalized.
Thus, this system of land tenure took its final form by the early
1970s. Three kinds of ownership resulted from the various Sharia
ordinance. The first one is public ownership (government ownership).
The second is private ownership and the third is collective ownership.
As was explained in Chapter Four, according to the Sharia, Allah is
the ultimate owner of all things. The land is declared to belong to
Him, then to his Messenger, and then to the Muslim community which
is represented by Imam (King). Therefore, all land in Saudi Arabia
that is not owned by an individual is considered to be publicly owned
(miri), which means that it is controlled by the King. Under this
category there are two kinds of publicly owned land. The first is land
whose utilization has been shifted to different ministries, according
to their needs, by Royal Decree. The second kind is the remaining part
of the publicly owned land. In this case the King controls the land.
From this kind of land, the King provides, by grant, plots to either
individuals or public agencies for development purposes.
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The second kind is the private ownership (milk). Chapter Four
explains that besides the fact that land belongs to God, individuals
can still have the privilege of ownership. This kind of ownership
covers the largest part of existing urban areas. The ownership can
either be passed to children by means of inheritance or sold. At
present land in Saudi Arabia may only be owned by Saudi Nationals.
The third kind of ownership in Saudi Arabia is mortmain property
(waqn managed most of the time by religious institutions. The final
type of ownership is the collective ownership which is mainly used
for non-permanent agricultural purposes. Most of these areas were
located at the fringe of the urban areas.
6.2.1 Process Of Providing Land2
After the abolition of all traditional tribal rights to land and the
process, by individuals, of bringing "dead" land to "life", the only
process of providing land which remains is the King's grant process.
At the moment there are two ways in which this process provides
land for urban development in addition to the normal land market
process through which someone can purchase his land needs. The first
is the 'direct process in which the King grants a plot to an individual
for development. The second process is the Indirect process' in
which a number of steps occur between the King's grant and the final
acquisition of the plot by an individual. This latter process is by far
the most common one.
7.2.2 The Direct Process
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The mounting pressure on urban land prompted the government to
initiate, in 1966 a programme of land grants to assist limited income
families to meet their housing needs. Eligibility requirements were
defined as: residency in the locality; non-possession, in sole or joint
ownership, of property (land or building) in the locality which could
allow the applicant to have a separate dwelling unit(s); and a
maximum monthly income of SR 250 plus SR 30 for each dependent.
Simultaneously, the public needs for urban development land were
met by a similar Royal Grant, in cases where land was in
government's (King) control, otherwise the demand was meet by a
procedure of land appropriation.
By the early 1970s the Direct Process took three different areas;
for private house construction; for commercial or industrial use; and
to a public or semi-public institution for administrative purposes.
Grant For House Construction
The procedure is as follows: An individual submits to the Royal
Cabinet an application for a plot . The applicant then goes to the
Municipality (while the formality goes there through the Ministry of
Municipal and Rural Affairs), which holds a number of plots and
subdivision plots for that purpose in several parts of the city . He
receives his plot, the corresponding property title being obtained
from Kitabat Al-Adl (in the Ministry of Justice). Qualifiation for a
grant can be subdivided into tow, the case of limited income, and
other grants. In the former case, there are no preconditions set for
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the potential grantee, each case is examined on its merits . In the
later case the beneficiary could be a military man a retired
government officers or other candidsates as the Royal Cabinet
recommend. In this case the granted plot could either be locally
allocated by the municipality of the grantee, or a certain location
requested by the grantee and approved by the Royal Cabinet.
The case of limited income grants as mentioned before, started in
1966. However the conditions for eligibility for a grant have
become more strict sincethen. It began in the 60s for limited incomes
and later for Saudi citizens. Now the applicant must have received no
previous grant of a plot in any city in the Kingdom - a form has to be
completed in this respect. If the grantee has already received a grant
which he did not declare, the land awarded can be confiscated. The
size of the land grant is determined by several factors, among them
the applicant's needs, mainly the size of his family. The plot area,
generally speaking, may range from 900 to 10,000 sq.m ( 30 x 30, 40
x 40, 50 x 50, 100 x 100).
The municipality plays a major role in this process, since it is
responsible for managing the land provided for grants by the Royal
Cabinet, subdividing and improving this land, and distributing the
plots according to Royal orders - to be excluded is land controlled by
the Ministry of Finance and National Economy from which in some
cases for the earlier case the grantee gets his grant (The land
control by the Ministry of Finance called amlk ad-dawlah)
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At present, most of the granted plots are in subdivisions drawn up the
Town Planning Department. For example, the major subdivision now
being distributed in Riyadh is Al-Urayga, with 17,000 plots, west of
Riyadh. This subdivision is reserved for applicants with limited
incomes (who own no other dwelling in the city and depend on limited
salaries ).
Grant of Land for Commercial or fridustriar Use
There are two processes: large scale Industrial Uses and individual
Commercial and Industrial use. The procedure of the former process
is similar to the one described above, but the iand is .grani.ed for b
specific type of plant or commercial complex. Usually the grant is
made with the condition that the projected development must be
undertaken within two years. However, there are many instances
where the grantee held the land for over two years without developing
it and in some cases succeeded in selling the land in the market.
There are two cases of large scale land grant for industrial
development in which two new communities emerge. The site for
the new towns of Yanbu and Jubail have been granted on the
recommendation of the Ministry of Planning to the Royal Commission
to develop two major industrial complex which later can be leased or
sold to the individual, for building factories and other associated
activities. The procedure in this case did not involve the Ministry of
Municipalities and Rural Affairs.
Grant of Land to a Public or Semi-Public Institution
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This procedure, although common in the past, is now infrequently used
since land suitably located for administrative purposes is now nearly
all privately owned. A good example of such grants is the land along
Air Port Road in Riyadh on which most of the Ministries headquarters
are located. In Jeddah the Police Headquarters and other institutional
facilities in Al Mina Road have been provided through this procedure .
This procedure is used not only for administrative buildings, but also
for publicly sponsored residential developments such as the officers
quarters on Air Port Road in Riyadh and the Military Hospital in
Jeddah. In this procedure the institution submit its request for the
particular location that it needs tit should be under the gut 1 i c
ownership). As a result the site will be allocated to the institution
or the ministry by the Ministry of Finance and National Economy after
the municipality surveyor defines the boundaries.
6.2.3 The Indirect Process
More than 40% of the total urbanized land in Saudi Arabia was
developed through an indirect process which includes several phases:
a Royal Grant, to one individual, of a large undeveloped or developed
area; sale of this undeveloped land, or a portion, of it to a real
estate agent or joint stock company; and subdivision of the land, and
sale to the public.
Grant by the King
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Practically all the large estates not devoted to the public have been
granted to a high official, dignatories and members of the Royal
family. This practice is not a new process in the Islamic Society. In
Chapter Four, I explain that land donation has been practiced since the
Prophet, peace be upon him. Yusif Ibn Ibrahim in his book "Kitab-Al-
Kharaj" mentioned that granting of land (IOTA) became a practice
largely after Uthman (the third Guided Caliph). At the moment, the
large estate grants are much less significant than before, because of
the fact that most of the land that surrounding cities or land that has
development potential has been granted already.
Sale of the Undeveloped Land
When the grantee decides to sell the estate or a portion of it, he
usually contacts a real estate agent, registered with the Chamber of
Commerce. If the market price of the estate exceeds the agent's
capabilities, he may initiate the creation of a joint-stock company
(musahama). The organization of the joint-stock company will
establish the necessary rules for the operation.
The creation of the company is thenadvertised in the newspapers, and
people are invited to buy shares at a fixed price from the real estate
agent who initiated the operation. The price of the share, which is
supposed to reflect the price of the land, is based on various factors
which will be discussed in the coming section. When the required
capital is gathered, the land is purchased from the previous owner by
the company, and a fee equivalent to 2.5 to 5 percent of the price of
the share is collected by the agent. Each share sold corresponds to a
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standard number of square metres of the estate, but their location is
not determined. Illusive actions are frequently witnessed in this
stage or others.
Subdivision and Resale of Land Plots
Once the land is acquired, the agent is responsible for submitting the
subdivision application to the Town Planning Office, and to the
relevant public agencies for the necessary infrastructures : road,
water, electricity, sewerage, and telephone.
The sale of the subdivided land is decided by the Agent (or the
shareholder) and can occur as soon as the subdivision plan is approved
and the plots are marked on the field. As a matter of fact, the sale
often takes place before the infrastructure is in place; frequently
the only improvement on the day of the sale is the asphalting of the
main street, to give to prospective clients an idea of how the
subdivision will look.
Once decided, the sale is advertised in the newspaper, with an
indication of the date of the sale and the location of the subdivision.
The sale takes place, sometimes on the site itself, when sales are by
auction and sometimes in the real estate office. The sale price does
not reflect the value of the land, but it reflects the general market
mode at that time. However, this subject will be discussed later.
Once all the plots have been sold, the company is dissolved and each
shareholder receives his share.. The agent receives another fee,
amounting to 2.5 to 5 per cent of the profit on each sale. When the
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parchaser pays the sales price to the company, he obtains a deed
registered with the Kitabat Al Adal and becomes the owner of the
plot.
6.3 LE6ISLATION3
To achieve the objectives of land development policy, a legal
instrument is necessary. The instruments cover regulation of land
ownership, trading, use of land, and public assistance for
development. The most important regulations affecting land
ownership rights are those involving a forced transfer of ownership
rights, when land is required for public purposes. Others, to improve
the functioning of the land market by forcing vacant land into use and
facilitating its transaction. Regulation of land transactions has
generally been confined to the establishment of price controls.
Land use controls exist in most countries and include zoning and
subdivision regulations, building regulations, development permits,
and planning concepts, such as a controlled area and urbanized or
urbanizable limits. Various schemes of public assistance for land
assemblage and joint adjustment of land use planning have been
adopted in recent years. It is noteworthy that zoning regulations are
one of Ihe the most popular instruments in achieving the objectives
of land use policy . These regulations define the permissable uses of
land and buildings and determines the various uses such as
residential, industrial, commercial, etc. It also determines
population density through the rates of occupancy. Land taxation and
betterment taxation have been recognized as a potentially effective
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means of achieving desired pattern of land development and a control
measure for proper land use.
One of the most important and effective policy devices to control land
development is through the use of administrative directives. The
directives can take the forms of, e.g. Royal decree issued on major
issues related to land development. They may be cabinet or
ministerial decisions, regulating specific aspects of land use. Theg
may be in the form of circulars explaining technical details and
procedural steps. The circular may be an interpertation or an
explanation of a decree or a decision. They may be further elaborated
at regional and local level by the regional and local authorities, e.g.
Amirs and Mayors.
In the Kingdom most of the laws derive their power from Royal
Decrees and Administrative Directives issued by the Council of
Ministers, various Ministries, and regional and local authorities. The
pertinent laws/regulations are discussed in the following sections.
7.3.1 Municipality And Village Laws
The law of Municipality and Villages was promulgated in 1977 to
govern the establishment of municipal and rural affairs (discussed
under Section 5.5). The law determines the functions, powers and
responsibilities of the municipalities. It also regulates the
relationships between the municipal council and the Minister of
Municipal and Rural Affairs, by specifying the decisions that shoud be
approved by the Minister.
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6.3.2 Physical Planning And Building Laws
Until recently, the land in and around Jeddah, and other cities in Saudi
Arabia, was owned with the liberty that the owners choice of land use
was not questionable. This freedom, has greatly influenced the
growth pattern and development activities in the city. The absence of
comprehensive planning legislation has also contributed to the
present status of Jeddah's physical environment. Prevailing by-ltoys
and legislation related to urban development are fragmented.
There are four Royal Decrees affecting land development; the
establishment and authority of municipalities in 1937; the aquisition
of land for public use in 1972; the Real Estate Development Fund of
1974; Public Nuisance and Safety in 1962; and Buildings and Roads
Law of 1927.
The historical development of physical planning legislation dates to
1927, when the Royal Decree on Roads and Buildings was promulgated.
This Decree comprises provisions relating to physical planning,
buildings, protection of residential environment, safe guards from
hazards and dangers, housing standards and organizing activities of
the contractors, engineers and architects. It was followed by the
Royal Decree on Establishment of Municipalities and Villages'
promulgated in 1937. This Decree stipulated that Municipalities shall
be the local authorities and composes provisions relating to their
functions, power, and responsibilities. It also outlines the role of a
Municipality in respect of prepration of development plans,
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development control, provisions of utilities, refuse collection and
deposit, and other public services. In addition there are provisions on
environmental protection, parks and gardens, preservation and
conservation, and development of markets and trade centers. This
decree specifies the President of the Municipality as its chief
executive; provides for constitution of a Municipality Council and
gives conditions governing the relationship of the municipality with
the Ministry for Municipalities and Rural Affairs. This Royal Decree
was amended in 1977 when the functions of the Municipality were
further enlarged.
The Royal Decree on Premises causing disturbances, nuisance and
hazards, promulgated in 1962, lays down provisions for protection of
persons and properties from any danger, inconvenience and
environmental repercussions arising out of the activities of
industrial and servicing establishments. Specifically it contains
provisions for safeguarding public health against establishments like
food processing units, and other such industrial activities.
The Royal Decree on Land Acquisition for Public Purposes promulgated
in 1972, comprises provisions regarding compulsory acquisition of
land for public purposes and prescribes procedures for estimating and
payment of compensation. In addition a number of Royal Decrees on
Estate Development, Land Grants, Land Value, and Rent Control have
been promulgated from time to time.
The Ministry of Municipality and Rural Affairs issued in 1978 a
circular to all Municipal and Town Planning Departments embodying
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the principles and rules to be followed in preparing land subdivision
and the duties of the component agencies in that respect. It
explained, comprehensively, how to apply for a subdivision plan, the
duties of the municipality towards the application and the duties of
the Deputy Minister for Town Planning towards the approval of these
plans. It also explains in detail the preparation of cadastral location.
6.3.3 Expropriation
Under regulations implemented in 1973 and amended in 1978, land and
property can be compulsorily acquired for public purposes-broadly,
any purposes which is beneficial to the welfare of the communit y
(not, therefore, necessarily excluding commercial uses). Adequate,
and usually generous, compensation must, however, be paid to the
vendor. Having not satisified the owner of its intention, the
Municipality would be instructed by a committee of about 6 officials
and private specialists of the amount of the compensation to be paid.
This law follows the following procedure:
- Survey and appraise all public and private properties to
be acquired for the purpose of a specific project.
- The inssuing of a ministerial decree approving the
project and listing the properties to be acquired. The
publication of this decree in the official newspaper
constitutes notification to affected property owners.
- An official appraisal committee which estimates
compensation in accordance with prices and conditions
prevailing at the time the decree is published.
- Properties have to be turned over to government
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officials within a month.of notification.
- Compensation cannot be changed once a budget
allocation has been made for a project.
Requested funds are allocated in the municipal budget for a specific
project but sometimes only designated for compensation purposes.
While a new method of compensating individuals for loss of property
through compulsory acquisition is being introduced, the present
method applied by the Jeddah Town Planning Office can be
summerized in the following terms-.
- All property that is compulsorily acquired for
government projects is compensated at assessed
market value per square meter.
- Where acquisition affects only part of the property,
compansation is calculated as the market value of the
required part, minus the value of a 75 centimeter strip
running along all residual frontage affected by
expropriation. It is assumed that this deduction
represents an improvement charge.
The amended regulations which are, later introduced, differ only in
the manner of assessment of compensation for partial acquisition. As
before, the required part is compensated at existing market value, but
the residual part is assessed twice on the basis of its market value
before and after implementation of the project. The difference is
considered to be an unearned profit and is, therefore, charged to the
owner by deducting it from the value of the required property.
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However, in no case will the deduction exceed 50 percent of the total
due amount of compensation.
6.3.4 Land Donations
In Section 6.2.1 we discussed the various ways in which land
becomes available on the market. However, we note it again from the
point of view that it is a part of the existing land development
legislation. A Land donation system operates in the Kingdom where by
his Majesty the King donates plots of land to individuals. Big chunks
of land are gifted to distingushed persons in the society who in turn
perpare land subdivision plans and feed it into the land market.
6.3.5 Administration And Disposition Of Municipal Land
In 1954, government-owned vacant land within the jurisdictional
boundaries of municipalities was turned over to the municipal
governments. A land committee was formed in each municipality to
map these lands, assess their valuation and administer their
disposition. Directives were issued by the central authorities to
provide municipalities with instructions for discharging these
responsi bli ties.
In 1967 a rigid national land classification and valuation scheme was
abandoned in favour of a more flexible approach permitting
municipalities to appraise their lands within a framework of three
broad categories:
1) lands within the limits of the urbanized area which
19 1
were to be sold by public auction;
2) lands directly adjoining the built-up area and within
a radius determined by the land committee to be sold at
prices set by the committee;
3) lands beyond the above-mentioned zone to be appraised
by the committee.
Yet price schedules were still being established in 1974 by MRA for
all municipalities in the Kingdom.
In accordance with existing regulations, municipalities dispose of
their land by outright sale transferring fun ownership rights to the
buyer, although they are legally authorized to excerise other forms of
tenure. The underlying rationale favouring sales seems to be popular
perference, ease of administration and expedient source of local
revenue.
Administrative practices distinguish between income producing
projects for which land must be purchased at going market rates and
residential use fee for which land can be obtained at government set
prices which are often only nominal, the only restriction being that an
individual cannot purchase more that one parcel in any given locality
at this low government price. At first, no maximum size for land
parcels was specified in the regulations which only stipulated ' to
each in accordance with his needs'. However, in 1972, the discretion
of the land committee in determining individual needs was limited to
a maximum of 1,000m, presumably to curb some flagrant abuses.
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Mounting pressure on urban land prompted the government to initiate,
in 1966, a programme of land grants to assist limited income
families to meet their housing needs. Eligibility requirements were
defined as:
- Residency in the locality;
- Non-possession in sole or joint ownership of property
(land or building) in the locality which could allow the
application to have a separate dwelling unit(s);
- A maximum monthly income of SR 250 plus SR 30 for
each dependent.
In 1975 the income ceiling was dropped in favour of a declaration of
need issued by a committee of local officials, leaving the programme
wide open to abuse.
The land grants consist of plots of about 400 sq. m. in subdivisions
planned and approved by the municipality and the MRA. Title to the
land cannot be registered in the beneficiaries name until the land is
developed as stipulated in the grant agreement. Following the
establishment of the Real Estate Development Fund in 1974,
municipalities were ordered to issue land certificates to enable
beneficiaries to obatin construction loans from the fund offering the
land as collateral.
Starting in 1967, regulations were issued, in an attempt to control
widespread land speculation, providing for the confiscation of land
bought from municipalities if the owner fails to develop the land
within one year of purchase. Seven years later, in 1974, MRA was
still attempting to control speculation by doubling the price of public
193
lands it had established in 1972. However, local residents were
exempt from this price increase.
Skyrocketing land prices, rising construction costs and a growing
housing shortage prompted the promulgation of rent control
regulations, restricting the raising of rents in occupied premises to
an annual rate of 5% but allowing new, vacant or vacated premises to
be freely let at market prices. This restriction was lifted in 1982.
Simultaneously, to encourage investment in the housing sector, two
important measures were taken by the government:
1) The establishment of the Real Estate Development Fund
(REDF) in 1974 with wide discretion in the financing of
residential development.
2) The promulgation of an instruction in 1975 ordering
municipalities to sell land at nominal prices to
developers which undertook to build residential
projects. Title to the land is conditional upon the
completion of a specified proportion of the project in
accordance with a construction schedule agreed upon
by the municipality and the developer. Failure to comply
with the agreement authorizes the municipality to
reappropriate the land, reimbursing the developer for
any improvements completed. However, the developer
can, with the approval of the municipality, turn the
project over to another person who undertakes to
complete it in accordance with the plans and subject
to the same conditions.
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The fact that these measures failed to relieve the housing shortage or
control the rising costs of housing is reflected in the stipulation
embodied in the 1976 decree of the Council of Ministers on the
control of inflation, which specifically:
- prohibits government agencies from leasing residential
premises for their offices;
- prohibits municipalities from undertaking demolition
except in absolute necessity;
- institutes a crash housing programme relying on
prefabricated housing;
- enjoins municipalities to accelerate the completion of
their housing projects;
- prohibits corporations awarding large government
contracts, from leasing existing buildings for offices
or residences, and orders these corporations to erect
their own buildings for these purposes.
Paradoxically, in an apparent concern to ensure orderly urban growth
and in light of the massive planning studies undertaken by the MRA to
provide every region and municipality with an approved physical
development plan, municipalities were ordered to refrain from selling
or granting land plots until such plans are completed. This
moratorium which was first imposed in the Eastern Region in 1974
was extended to the rest of the country in 1975. At the expiration of
the initial period of one year, in 1976, it was decreed that
moratorium would remain in effect until further notice. The only
exception to the moratorium is the land grant for limited income
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persons. Given the development pressures experienced in the
Kingdom, the restrictions on redevelopment and the loopholes in the
regulations governing the programme it has not suprisingly become a
source of uncontrollable abuses.
6.3.6 Land Registration
The registration of land titles is still governed by regulations issued
in 1944 and 1952. Following the establishment of the Ministry of
Justice in 1971, these regulations have come under review and it is
expected that an amended system will be enforced in the near future.
Under current regulations, land deeds are issued by two separate
entities within the Ministry of Justice. Neither has the registration
of titles as its sole responsibility:
- The local courts issue titles as part of their duties in
enforcing the legislation rights of citizens under the
Sharia.
- The Clerks of Justice issue deeds as part of their
functions as registrars of transactions and contracts.
Because of a long tradition of transfers without written documents,
the issuance of land titles often entails complicated and time-
consuming procedures invloving the Ministry of Finance, the authority
in charge of state properties; the Ministry of Hajj and Awqaf, the
authority in charge of municipal properties, including vacant lands
and lands for public use and utilities within their jurisdiction.
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The fact that the public sector is the sole agent of new urban
development has ensured the issuance of a proper title in the new
zones at least for the first transaction transferring land from
government to private ownership. However, the registration of
transactions between private parties does not seem to be mandator.
In order to alleviate the chaotic state of affairs arising from the
laxity of land registration regulations, the municipalities were
ordered in 1975 to establish registers for land ownerships deeds and
prepare atlases based on the recently completed photogrametric
surveys showing the boundries of all private and public properties
within their jurisdiciton. Property owners were enjoined to register
their titles with the municipalities within six months. However, this
unrealistic deadline was postponed to enable the municipalities to
handle the workload entailed by such a major undertaking as well as
to enable property owners to obtain official titles and deeds through
the courts and the Justice Clerks.
6.3.7 Illegal Occupancy Of Land
In 1967, a Royal Decree reaffirmed municipal ownership of all
government lands within their jurisdiction and prohibited the
acquisition of ownership rights on these lands by prescription.
Consequently, orders were issued to municipalities to:
- prevent all future encroachment on these lands;
- evict non-authorized settlers who were henceforth to
be considered as squatters;
- keep a vigilant and unrelenting surveillance to prevent
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illegal occupancy of their land;
- speedily investigate all title claims referred to them by
the courts in order to file their objections (if any)
within the time limit prescribed by the procedures.
Simultaneously, the courts were requested to disregard ownership
claims based on prescription rights only.
Judging from the number of ministerial orders to that effect, it is
evident that municipalities have been unable to prevent unauthorized
occupancy and use of their vacant land. In 1976 a general notification
to the public, issued by the MRA, referred to widespread illegal
occupancy, use and transfer of this land by individuals and real estate
corporations, and reiterated that all such activities are illegal and all
such transactions are invalid. The courts, however, adopted a more
flexible and lenient approach, declaring that:
1) Settlers, before the promulgation of the 1967 decree,
on land which is not designated for mosques, public
utilities and community facilities, are to be issued
title to the land provided that any part of the structure
in violation of existing regulations be demolished
without compensation.
2) Post-1967 settlers on land for which plans have been
prepared and whose development conflicts in whole or
in part with these plans, are to have the non-
conforming portion confiscated and demolished without
compensations.
3) Post-1967 settlers on land designated for mosques,
public utilities and community facilities are to be
198
evicted, and their improvements demolished without
compensation.
4) Post-1968 settlers on land which is not designated for
a specific project or granted to another individual and
whose development does not conflict with existing
plans are to be allowed to purchase the land in
accordance with the regulations governing the sales of
municipal lands.
Despite the fact that the MRA stipulated that the above-mentioned
sales should be concluded at the going market rate and not the
government set prices for the particular class of land invloved, it
seems likely that illegal occupancy and use of land will continue to
plague municipalities in the foreseeable future.
6.3.8 Real Estate Development Fund
The Royal Decree No. M/23, dated in 1973, approved the establishment
of the Real Estate Development Fund. The functions of the Fund can be
summed up as follows:
- Offering medium or long range loans to the Saudi
nationals of low and medium income who wish to
construct their own houses to cover the costs of
building. The funds gives around 70% of the costs of
construction. It gives loan to Saudis in person or in
their normal entity to construct settlements of
different units for commercial or hotel uses
provided the loans do not exceed half of the cost of
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building.
- Offering loans with the purpose of city development
and improvement. This may be in coordination and
agreement with the municipality. The Fund has the
right to acquire the area to be developed (and pay
compensations to its owners) and then undertakes its
replanning prior to sale. The municipality with the
powers it possesses has to assist the Fund in the process
of expropriation.
- The Fund may make an agreement with the Saudi
establishments to construct housing comouncis for
its employees by offering loans not more than 50% of
the cost of a unit.
- The Fund may give loans to any residential project
other than mentioned above provided the Fund's
management makes sure of the feasibility of the
project is acceptaple and the conditions and
specifications.
- The Royal Decree regulates the administration of the
Fund and determines its capital. The Minister of Finance
and National Economy issued a decree laying down the
status of the Fund.
6.4 LAND-USE CONTROL (zoning)
The emergence, development and evolution of land-use control in
Saudi Arabia (zoning and subdivision regulations) is perhaps best
treated in two different phases. First, we will look at the
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development of regulation before 1973, the year when the first
master plan for Jeddah was adopted. In this phase of development, we
will deal with three general issues of interest: the early statutes
and their provisions, and the establishment of precedents for later
regulations; the effect of the development of the villa as the
preferred dwelling type ; the introduction of high rise buildings in the
1960s, and how all of these previous developments culminated in a
package of rules that were applied throughout the country before the
introduction, of Master Plan. For the second phase, we will review
the regulations introduced by RttIM with the Master Plan for Jeddah,
6.4.1 The Emergence Of Zoning Regulations
The Road and Building Statute in 1941 concerns itself with main
issues; planning procedures, building codes, zoning and rights of way.
In line with the interest of this section, we will deal here only with
the last issue, zoning and the right of way.
Article 6 of the statute emphasizes the need for 'offical maps'. The
statute required that these maps indicate sites for slaughter houses,
stables and barns, work shops and factories, and storage areas for
construction and fuel materials; in addition the relation of these to
buildings designated for residential purposes should be clearly set
forth. The maps were also to indicate the following: the placement
and width of roads and lanes, the area designated for building,
according to their use, the existing built-up area, and the areas
designated for future growth.
201
Article 20 states uses that are excluded in each zone and the rules
and regulations to be applied in such cases. It requires that the
following to be taken into consideration the designation of zoning
districts.
- It is not permitted to use any building in the residential
area as a shop or a workshop for any purposes related to
marketing or any malodorous craft.
- It is not permitted to use any building in the markets
and bazaars as a workshop for any malodorous craft.
- It is not permitted to use any building in the area
designated for factories, for purposes related to
malodorous crafts.
- It is not permitted to use residential buildings as a
substitute for public buildings... and vice versa...
- R is not permitted to construct any building, be it
temporary or permanent, in these districts except with
a clear written permission from the building authority.
Article 24 introduces limited setback requirements. It states:
It is permissable for the building authority to establish a
building line to be a maximum of fifteen meters from the
organization line (the street limit), on the condition that
establishing such a line would in no way prevent the
construction of buildings that are suitable for the status
of the district.
When the building line is established in any residential
district, then no building should be erected beyond this
line, except for the fence.
When a building line is established in a street or in a part
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of a street related to markets and bazaars, then no
building could be erected beyond this line, except for
arcades and balcony projections...
Article 28 introduces two important concepts: the minimum size of a
lot and its minimum dimensions. It states:
It is not permitted to erect dwellings on any lot,from land
designated for building inside any new district, unless it
complies with the following conditions:
a) that the area of the lot from land designated for
building is not less than 98.45 sq. meters, according to
the decision of the building authority,
b) that the dimension of the lot's frontage. 44Wth on ex%
street is not less than one-third of the lot's length
perpendicular to that street, and it should in no way be
less than nine meters,
c) the conditions stated in paragraph (b) of this article
do not apply to any lot in market of bazaar districts if
it is not used as a room or a building for human
habitation...
d) the building authority does not have to adhere to either,
all, or part of the conditions stated in paragraph (a) of
this article.
Reguarding the right of way, the statute indicates the need for
widening roads in existing communities and for taking into
consideration the planning of roads in future communities.
The straightness of roads and their design are to be
designated according to the map...
Roads are to be planned according to the approved design,
203
on the condition that this design be gradually implemented
either when reconstructing dilapidated buildings or when
constructing new ones. To be excepted from this are
buildings whose removal is required in the public interest.
Existing streets are to maintain their present condition
unless public interest requires their widening according
to the approved design in the town's map, on the condition
that these newly opened streets do not exceed the
following widths: main streets, not less than 15m.;
secondary streets, not less than 8 to 12m.; and lanes, not
less than 4 to 6m.
Most of the concepts advanced by the statute were elementary in
nature and, in practice, they were seldom resorted to since the
standards they established were the ones usually followed in
traditional cities. The minimum lot size, for example, equals the
average area of traditional dwellings, and the restrictions on use
were already in practice. For our puposes, however, the statute is
very important since, for the first time minimum standards were
coded by regulation rather than being merely followed by virtue of the
community's traditional adherence. In short, the statute established
a precedent that was to be followed later on, sometimes in a very
stringent and thoughtless way. In particular, the setback
requirements and the minimum lot size, which were later to be
enforced with standards at variance with traditional ones, were
imposed irrespective of the physical character and socio-cultural
values of the community. The opening of new streets and the
demolition of old neighbourhoods which reached their peak in the
early 1970s can be said to derive their legitimacy from this statute.
204
Since the statute required municipalities to produce maps of their
cities, the Egyptian Survey Department was assigned to carry out this
responsibility for the cities of Mecca and Medina. A fairly detailed
map of a scale 1:5000, was prepared for Mecca in 1947. A less
detailed map on the scale of 1:10,000 was prepared by the Department
for Medina in 1946.
7.4.2 The Villa, The Apartment Building, And The Grid Pattern
The urban pattern resulting from the above statute has been the grid
as a street pattern and the villa as a dwelling type, however, since
their introduction, in 1950s, its almost the only pattern to exist
today in Saudi Arabia cities. The Al-Sharafiah district, in Jeddah, is
a good example of the rigid system of the set-back regulation and the
grid pattern.
The development of modern apartment buildings in Saudi Arabia began
in the 19505. This was the result of two factors: first, the influx
at that time of people from the surrounding Arab cities, as well as
from other countries who preferred apartment buildings to traditional
houses; secondly, the government housing projects which were rented
to government employees, enhancing the image of the apartment
building as an appropriate residence for Saudi's. As a result, the
pattern was established and the process of erecting apartment
buildings prospered.
205
Though not obvious at first sight, the relationship between the
development of regulations and the construction of high rise buildings
form a crucial part of the history of contemporary development in
Saudi Arabia. Privacy has always been a basic issue in Saudi Arabia;
consequently, the development of high rise buildings, in area of one or
two storey single-family dwellings, was of great concern to both
individuals and the authorities. The development of high rise buildings
started with caution, attmpting not to violate this important cultural
principle. This took, various architectural forms, which attmpts to
interupt sigt lines between high and law rise buildings. Where this
was impossible, building facades were kept solid without openings;
light wells provide providing natural light and ventilation for the
kitchen and bathrooms were kept in the centel of buildings.
In the late 1950s, pressure was put on municipalities to protect the
privacy of people living in these areas of mixed high and low rise
development. In some cases residents had to take their case to the
court, which failed to establish any kind of controls and most cases
ended up in a sulh ( an agreement acceptable to both sides). However,
the issue was somehow evaded, and the promotors of high rise
buildings continue constructing.
The continuation of high rise building in single-family residential
areas, had two results. Those who were well-off (and politically
influential) moved out to new areas, where there was no market for
such buildings (not withstanding, most of them are actual investors
and promoters of this type of building). On the other hand, there were
those who either could not accept the situation ; or those who
206
restorted to individual action on their own property to protect their
privacy when it was invaded by neighboring houses. This introduced
new value of individual self-interest that were unprecedented. . .
namely, a person's right to get the greatest benefit from his property
regardless of the harm and damage inflicted on his neighbour.
The experience gaind from the application of zoning regulations
Introduced in the late 1930s and early 1940s, and the popularity of
the villa and high rise building form in the 1950s and 1960's -- all
culminated, at the end of the 1960s, into the drafting of certain rules
that were applied applied uniformly throughout the entire country.
These were later issued in the form of a circular from the Deputy
Ministry of Interior for Municipalities to all municipal and town
planning offices . The circular read as follows:
Regulations concerning building on plots of land:
1. Prior to the issuance of building permits, confirmation
must be made of the existence of concrete posts.
2. Plots are to be sold according to their drawn and
established boundaries, and should be strictly
prohibited from further subdivision.
3. Heights should not exceed eight meters, except with
the approval of the concerned authority.
4. A built-up area generally should not exceed sixty
percent of the land area, including attachments.
5. Front setbacks should be equal to one-fifth of the
width of the road and should not exceed six meters.
6. Side and rear setbacks should not be less than two
meters and projections should not be permitted within
207
this area.
7. Building on plots of land specified for utilities and
general services should only be permitted for the same
purpose.
8. Approval of the plan does not mean confirmation of
ownership limits (boundaries) and the municipality
should check the legal deed on the actual site.
9. The owner should execute the whole approved plan on
the land by putting concrete posts for each plot of land
prior to its disposal either by selling or building.
10. Irregular plot cuts should be extracted according to
Circular No. 4855 of H.E. the Deputy Minister of Interior
dated 1970.
11. The municipality should extract the legal deeds of lots
intended for public gardens and squares according to
Decree No. 1270 of the Council of Ministers, dated 1972.
12. These regulations cancel all other stipulations which
are in contradiction with them.
These rules indicate that on the eve of preparing Master Plans for the
country's major cities, the pattern and model for most of the
reguiltions introduced by the plans had already been established.
Master Plans have since, divided cities into various zones. Each zone
has its one zoning regulation . Also, subdivision regulations have been
introduced along with various standards e.g building codes.
6.5 LAND MARKET4
208
The Nature of the land market determines, with other factors, the
kind of policies of which the urban land development process requires
to develop in accordance with the local and national goals. Land
derives its value from the functions and services it renders. It is a
basic resource which generates economic activity. It is a source of
all raw materials such as the minrals, or agricultural crops, etc. The
rise of any economic activity is closely associated with the
availbility of land. The use of land depends on the nature of its
suitability to a particular function. The location for the different
uses is, being, dependant on the nature of the economic activities in
the town, the types of predominant social life and the prevailing
political attitudes.
The formulation of a policy for land values , therefore, requires a
collection of data on these basic aspects of town life. In addition to
Its impact on the type and pattern of uses, the bulk of economic
activities also determines the value of land. The value of land
eventually leads to the amalgamation of homogenous districts as far
as the income and the standards of living is concerned. The high-
income population have their own districts while the low-income
classes and the industrial areas are assigned land of less value. The
law of supply and demand in the land and construction market also has
its impact on determining the value of land.
A land market in the context of this thesis is: the total environment
In which land develops its value and its availability. Figure 6.1
shows the four factors which compose and determine the input and
the output.
•
LAND PRICE
&
LAND AVAILABILITY
FIGURE: 4.1 Land Market: is the total enviroment in which land
develops its value and its availability
LAND MARKET
SUPPL ; 'EMAND ECONOMIC DITION
LOCATIO • DEVELOPMENT
GOVERNMENT IN VENTION OJECTS
[ POLICIES]
209
The selection of the location of development projects affects the
social cost of the project. If, from the point of view of location, the
development projects and resultant new human settlements are at
places where they should not be, their functional efficiency is
impaired, bottlenecks develop, and large investments may be partially
or fully wasted. However, what concerns us here is the impact of
Development Projects (programmes) on land values, availibility, and
consequently the cost of these on the society. In Chapter Two I
discussed the general impact of urbanization on land values. The
efforts by the government,to up-grade the condition of its urban areas
by constructing utilities, community services, e.g. increase the
desirability of land in that area which will, in turn increase its value
and reduce the available amount of land.
The second factor: supply and demand; how land comes to the market
and the land tenure systems controlling the supply has already been
discussed in the previous sub-section. However, in this section we
are concerned with the complementary factors affecting the market
process, namely, the various actors who manipulate land in the
market, land registration, real estate activities and government
intervention.
The imbalance of economic structure may be reflected in the rise in
land prices and the increase may be much more than that warranted by
the rise in general price levels. The sky-rocketing of urban land
values unrelated to any perceiveable economic factors is largely
explained by speculation in land. In the absence of adequate
210
investment opportunities in the productive sectors, the investor finds
real estate a lucrative business. Here the cause mixes up with the
result. In the sense that high prices attract the speculators to the
real estate market and when speculation is severe, the sky-rocketing
of prices takes place. This brings about inflationary pressures which
encourage ownership of land as a hedge against inflation in the face
of the rapidly declining purchasing power of money.
All these factors lead to the augmentation of investment costs and
hence impede economic development projects. Increasing land values
may be a result of monopoly in the land markets; when a few large
land owners control supply and dominate prices. These individuals
may even dominate the growth of the town itself and consequently
place a severe constraint on urban development and the rate of
growth. Nevertheless, the growth of percapita income and the
improvement in the overall economic conditions, result in a general
tendency to extensive use of land, due to better standards of living,
such as large residential lot size which in turn increases the demand
and therefore prices of land.
The extent of government intervention in the land market could be the
most important element in the price and availability equation. There
are many forms of intervention; both direct and indirect. land
Banking" in one of several direct interventions, is the land market;
such intervention will facilitate some of the needs for land, e.g.
providing loans for private construction with easy conditions, help
individuals to build, which in turn, increases the demand for land.
211
In this context we will evaluate the land market in Saudi Arabia,
using Jeddah as a case study. First, we will look at the existing
activities in the Saudi land market preformances. Secondly, we will
look at the various actors in the market and their motives. Land value
and price evaluation, follows, using the above argument to assess the
price structure and causes behind it. Thirdly, factors determining
land prices in Saudi Arabia. Finally an analysis of government
intervention and government control, over the land market. Various
detailed areas are analyzed to assess the impact of the land market
on urban land development in Saudi Arabia.
6.5.1 Actors In The Land Market
The Land Owner
There are three groups of owners. Those who own large tracts of land
either inherited or through purchase; those who own numerous plots
and; those who acquired land through donations; they later, subdivide
this land and feed it back to the market for sale through one of the
real estate agencies. The activity in the land market and the rates of
proces depends to a large extent on these owners.
The Businessmen
They invest their capital in the construction industry by acquiring
land and participate in the construction of buildings.
The Real Estate Agencies
212
They are involved in subdividing land into suitable plots for
construction either for themselves or on behalf of owners and also
act as commission agents. There has been considerable fluctuation in
the real estate business over the past few years. The number of
permits issued annually to Real Estate Agencies declined from 30 in
1971 to 23 in 1973, then jumped to 36 in 1975 and up to 38 in 1977
and again up to 41 in 1978. Though the number of real estate agencies
is an indicator of the level of activity in the land market. However,
the scarcity of real estate agencies may be attributed to the
restrictions imposed by the government not to mix real estate
business with other trade, e.g. grocery, general merchants, or import-
export etc.
Government
The Government plays a main role in the land market. Most of the land
currently under sub-divison was originally donated by the King to the
distinguished citizens in the society. The government also gives
parcels of land to low income people. Real estate development loans,
the sale of land at a token price to low income people, the
participation of the public sector in land-subdivision and
construction of buildings are all manifestations of government's
involvment in the land market. Land acquisition by various
government departments e.g. Ministry of Education, Ministry of
Transportation, Ministry of Health, etc. is one of the most visible
roles of government in the market.
213
In the previous section I talked about the process by which land
becomes available in the market. The real estate agent and the
grantees play the main role in land market activities.
When the grantee decides to sell the estate or a portion of it, he
usually contacts a real estate agent, registered with the Chamber of
Commerce and the Ministry of Trade. If the price of the estate
exceeds the financial capactiy of the agent, he may initiate the
creation of a jointstock company (musahama).
The organization of the jointstock company follows well-established
rules. The creation of the company is advertised in the newspapers,
and people are invited to buy shares at a fixed price from the real
estate agent who initiated the operation. When the required capital is
gathered, the land is purchased from the previous owner by the
company and a fee equivalent to 2.5 to 5 percent of the price of the
shares is collected by the agent. Each share sold corresponds to a
standard number of square meters of the estate, but their location is
not determined. Illusive actions are frequently witnessed in this
stage or another.
Once the land is acquired, the agent is responsible for submitting the
subdivision application to the Town Planning Office, and requesting
the relevant public agencies for the necessary infrastructure,
streets, water, electricity, sewerage, and telephone.
The sale of the subdivided land is decided by the agent (or the
shareholders) and can occur as soon as the subdivision plan is
214
approved and the plots are marked on the site. As a matter of fact,
the sale often takes place before the infrastructure is in place;
frequently the only improvement on the day of the sale is the
asphalting of the main street, to give prospective clients an idea of
how the subdivision will look.
Once decided the sale is advertised in the newspaper, which indicates
the date of the sale and the location of the subdivision. The sale
usually indicated, since most sales are by auction. Once all the plots
have been sold, the company is dissolved and each shareholder
receives his share. The agent receives, again, another fee amounting
to 2.5 to 5 percent of the profit on each sale when the buyer pays the
sale price to the company, he obtains a deed registered with the
Kitabat Al Adal and becomes the owner of the plot.
The original grantee plays a fundmental role, as the amount of land
put on the market for development depends on him. His decision to
sell an estate is not based on a comparasion of the income derived
from agricultural use and the income to be derived from urban
development since almost none of this land has agricultural value.
Many decisions to sell occur at times when land values are rising very
rapidly, when it would be more profitable to keep the land for sale
later. In many cases, land sold by the grantee for between SR 0.5 and
SR 2 per square metre, brought up to SR 200 per square metre a few
years later. Such a large difference between the price of
unsubdivided and subdivided land is almost unequaled in the rest of
the world.
215
The Real Estate Agents initiating the subdivision process have been
its main beneficiaries. In addition to their fees, they had use of the
proceeds of the sale for several months, frequently large amounts of
money, (the shareholders only received their share of the profit when
all the land was sold). They were, thus, able to purchase for their
own accounts large areas on which they could make additional profits.
The real estate business, thus, became very profitable, particularly
for the most important agents, since the commercial services to be
provided were largely dependent on personal credit.
The shareholders of the jointstock companies were of two types:
those who did not plan to keep the land for their own use, but
considered the purchase of shares as a safe and highly profitable
investment; and those who needed a land plot to build a house. Almost
eighty percent of land put in the market between 1970 and 1980
followed the process discribed. Most of the land now available for
development, within a radius of 20 to 25 kilometers from the city
centre, has already been subdivided. This process is common practice
of land market in all Saudi urban areas. It should be known that there
are government policies reguarding this process (time for sale,
price...) except that land has to have a subdivision plan approval
before the actual plots can be sold.
6.5.2 Land Price Evaluation And Its General Structure
It is suggested that the best method of measuring the development of
land price is by comparing changes in the price of the same site at
D 200 — 750 1111 750— 1500
1500 — 3000
31:130— 5006
II 5000 - 111 MOO - 1000
7 3000 — 12000 I 111 121X10 — 16000
• 16000 —
.1
if
0 • • • • jrAtka
r • in43,14
11 1 2 3 4k
-
4.41.L1 /imam Scale 1:150,001
' -
_
Figure 6_2: Land Pricli
•
216
different times.5 Thus, in the following paragraphs we will be looking
at land price evoultion, in the city of Jeddah (in some cases we bring
more examples from different cities in the country, depending on the
data availability).
According to the Municipality records of June 1975, land prices were
projected graphically as shown in Figure 6.2. Those figures, however,
have become quite obsolete since late 1976, i.e. since the beginning of
the oil price boom.
If we look back twenty-five years for land prices we will find that
price changes were very low and within a very small margin. An
example , in 1955 a square metre in a site in the middle of the city
was SR 45, five years later the same site was SR 50 per square
metre, a minor change in five years. Two things can be brought out of
this example; because people at that time were viewing land not as a
commodity for investment, but as a necessity to build a shelter on it.
Not only that but also there was more respect to the Sharia point of
view in this matter (undesirable behavior-see section 4.3). Thus, land
remains unwanted until the need arises for building. Especially since
land in most urban areas has no value except desert. Hence, land
prices developed more in response to inflation rather than to other
factors, e.g. such monoply, governmental intervention, etc.
The second point is the influence on prices in general; the
acceleration of economic growth was so low that it did not result in a
significant difference in living standards. Generally, since the
unification of the Kingdom until the late 1950's, land prices were
217
subjected to the personal needs rather than for any financial
investment purposes.
Since the late 1950s a new motive for obtaining land entered the land
market. This was obtaining land for developing residential
developments to meet the increasing need for renting dwellers. The
migration to Saudi Arabia from other Muslim countries, the rural
urban migration and the increasing number of the young Saudis who
preferred to live out of the family house created demand on tenement
houses. The motive for obtaining land for investment accelerated the
Increase in land prices, however, this increase was only in central
areas and serviced land. During this period of the late 1950s to the
beginning of the 1970's land prices were increasing by 5% in the outer
zone to 50% in the city centre.
The sudden substantial increase in the Gross National Income, caused
by drastic increase in oil prices by the end of 1973, led to phenomenal
government expenditures and investment in imports, modernization,
and urbanization. Suddenly the liquidity rate surged in the public and
private sections. The paucity of diversified re-investment
opportunities, caused many individuals with enormous amounts of
cash to turn to real estate and land specualtion (especially since
there has been no policies reguarding land transactions,
specualtion...). Coupled with the scaricity of serviced land, this
resulted in an unprecedented sky-rocketing of the real estate prices
by not less than tenfold the prices.
218
Obviously such land values were artifically set and did not represent
the real need or demand for new development and urbanization. Most
of the land changed hands several times within the period (1974-
1976) without being developed or used at all, yet creating
tremendously large fortunes to its owners and land speculators. In
the absence of land control measures, property taxation, and
legalisation governing the turnover of undeveloped land.
Broadly speaking, the further one moves from the centre of Jeddah,
the lower the land prices are, while land value is generally higher for
property facing an asphalt, major street than for the interior
properties facing small roads. It is not unusual to find properties in
the heart of the city, with prices ranging between 30 and 40 thousand
riyals per square meter (approximately 1000 pounds per square foot),
while the average annual rent of an ordinary two bedroom apartment
lies in the vicinity of 8 thousand pounds, and the annual rent of a
medium size villa ranges from LEI to £.40,000.
Between 1973 and 1977 the inflation of land and house prices was
further aggravated by the increasing number of foreign companies and
their employees arriving in Jeddah . Finally, real estate prices
leveled off by the beginning of 1977, due in part to new regulations
prohibiting foreign companies from competing for houses and
developed properties. Nevertheless, the tremendous inflation in
property prices left many middle and low income Saudi families
unable to rent a house or a large apartment, let alone purchase a
property.
219
While the rapid increase in rentals had stopped in 1980 and by 1982
was actually falling by 10% annually„ where prices of land remained
increasing almost by the same rate until 1981; when the rate of
Increase dropped. However, until the end of 1983 land prices, in
almost all parts of Jeddah, stayed increasing despite the fact that
inflation had dropped since 1980 and by 1982, Saudi Arabia witnessed
"deflation". This phenomenon can only be explained by the commom
practice of land specualtion which kept about 40 percent of the
serviced land in Jeddah vacant.
In summary, the recent history of land prices in Saudi Arabia full into
three three identifiable periods:
- 1965 to 1973: During this period, land prices rose
by a constant rate of 30 to 40 percent per annum,
mainly, in response to real demand.
- 1974 to 1980: Land prices witnessed a sky-rocket
increase, which was higher than the rate of increase
in GNP and GNI, without responding to a same rate of
inflation.
- 1980 to Present: Despite the "deflation" and the
availibility of properties, land prices are still
increasing.
Land value information obtained from various sources is shown in
Figure 6.3. Land values are highest in the city centre (despite the
fact that since 1982 retail businesses experiencing are equivalent, if
not better in district shopping centres than in the MD) and along the
major roads. Outside the city centre land values are higher in the
To ri *am M P. n
220
north than the south. Generally as distance increases from the centre,
land values decline; but in the northern part of the city values do not
fall as sharply as in the southward direction. A major reason for this
difference is that northern areas are preferred by the community, and
physical layout, architectural design,and public facilities in this part
of the city are much better than in the southern area.
6.5.3 Factors Determining Land Prices
Figure 6.3 shows that the price structure for land is not homogenous
and prices differ markedly from one area to another, as mentioned
before. The levels of prices are high in the CBD, the sub-commercial
centres along the streets of business activity, while rates vary
considerably in the residential districts due to different
considerations.
As the major land management authority in the city, the Jeddah
Municipality can play an important role in influencing land values,
zoning,permissable heights, provision of utilities, architectural
style, width, and functions of street, etc., are factors that can affect
land values.
- The width of the street affects land prices as a higher
floor area ratio (FAR.), is permissible for wider streets
and in town the value of land increases. It is an
indicator of traffic flow and therefore, expected to
increase commercial activity.
- Land prices are also affected by the authorized
density of construction. Land is more expensive in areas
221
where more higher ratio of occupancy.
- There is no doubt that the availability of public utilities
and services is one of the elements increasing the value
of the land.
Besides the Municipality's actions in influencing the land market in
Jeddah, three major agencies have had an effect on land value and land
development activities in Jeddah.
- Private estate agents are usually an important link in
property transactions. Prospective sellers depend very
much on estate agents and are guided in terms of
asking price. As fees are a percentage of the
transaction costs the higher the
land is valued, the more money they make. Thus they
manipulate land values.
- The Real Estate Development Fund (REDO has been very
active in the past few years, granting interest free and
long term loans for construction. During REDF's nine
months closure in 1977, development activities were
affected appreciably, and land value, specifically in
residential areas were affected.
- Land prices are directly influenced by the rate of
building activity which in turn is a function of affluence
in a society. One of the indicators to the activity in
the land market is the number of building permits. The
number of building permits, however, is not necessarily
associated with the market activity as many of those
permits are given to building additional floors on
222
existing buildings, repairs, fencing plots, or
construction of public buildings, on publicly held land.
- Close proximaty to the established commercial centres
e.g. district and neighbourhood shopping centre...
- Distance from the city centre also affects the land
prices markedly. The more distant the area is from the
centre the less the price of land.
6.5.4 Registration Of Land And Real Estate
The transfer of property ownership is done by the registration of title
deeds at the competent court (Katab Al-Adl). The procedures of
registration cover the following steps:
a) The owner submits an application to the court for
attestation and proclaimation.
b) The court sends the title deed to the original register
for verification of the information contained in the
title deeds regarding its authenticity and validity.
c) If in order the process of documentation takes place
(documentation through sale, gift, or mortgage).
d) As for the registration of the building constructed
after the registration of the land title deed, an
engineer on behalf of the court makes a field
investigation of the site. The court holds a session
and in the presence of two witnesses the status of the
property is registered.
6.5.5 Land Market Activities
223
Land market activity in Jeddah differs form one area to another and
from time to time, according to the spatial etemporal variation in the
factors influencing land transactions.
The Central Area: This area has always been the main hub of
commercial activity, as well as in its outer zones, a mixture of
commercial and high rise residential developments with some
exceptions of low density residential developments. The central area
contains two zones: the old town and the outer central zone. The old
town has been developed completely in that; no vacant land exists in
this zone. Hence, any modern building, since the 1980s, has involved
redevelopment. This process continued until the existing conservation
policy was enforced. However, since this area was the first to be
served by utilities and other services; most of the commercial
activities have been located in this area, transforming it to a high
density CBD. Today, there are still some residential buildings, the
majority are traditional houses. To assess the land market activity
in this area, we can identify three different periods. The first being
1964 to 1973, during this time, the old town was the only commercial
and business centre (CBD) for the entire city, land uses were highly
mixed and owned entirely by individuals on a freehold title basis.
Dating largely from the Ottoman era, a large portion of the land
within the inner central area belong to indigenous families.
The 1964-1973 period was considered the first turing point in
Jeddah's urban growth commencing with the assession of King Faisal
to the throne in 1964. It was during this period that Jeddah fully
224
established its present pattern of growth. The previous chaotic urban
growth accentuated the need for more controlled and guided city
planning. Various foreign surveying and engineering companies were,
hence, employed to lay the groundwork for such planned expansion.
The completion of the New King Faisal Street in the Old Town marked
the beginning of the build-up of construction and development
activity in this zone. As a result of demolition and clearance
activity, to accommodate the new street, several sites in the Old
Town adjacent to the new road became available for modern high rise
buildings. Similarly a new departure in development, the construction
of the Queen business complex encouraged many land owners and
investors to develop their properties.
During this period there were two groups of land owners in this zone
- first, those who owned properties and could afford to develop them,
and second, those who had no financial ability to undertake
development. The majority of the first group was not ready to invest
In developing or redeveloping their properties at that time simply
because the return from the capital investment in real estate was
much less than returns from more familiar investments i.e. export,
services, etc... However, those who invested at the beginning of this
period and later invested in commercial and residential buildings.
These activities encouraged the second group, who did not have the
means for developing, to speculate on new properties, hoping that as a
result of building activities, the prices would increase. The land
ownership inheritance, tended to hold properties from development.
Land can be be passed on to children and/or a relative by means of
225
inheritance. In some cases, the inherited property, is inherited by
more than one relative, which means that any action towards the
Inherited property should be agreed upon between the inheriters,
which consequently means a delay in development, in some cases it
can take several years.
After the oil price increase, in 1974, two important influences
affected land development in the central area: the conservation
process; to protect the historical hub in the central area and the
establishment of the REDF (Real Estate Development Fund).
Conservation prevented the demolition of historic buildings,
however, the action was limited to certain parts of the central area.
The REDF and the introduction of interest free government loans for
investors, made it possible for property owners who did not have the
necessary financial means to develop their properties. These factors
together with the great increase in inflation, the increase in income
and the large sums in compensation paid by the government to those
whose property had been appropriated, encouraged investors with
large sums of money to look to the city centre for speculative
investments in land.
However, the availability of utilities and other public services in the
city centre and the great demand for housing and office space, made
the land prices in the centre the highest.
By the end of the 1970s roads to and from the city centre became
congested, parking spaces were insufficient and new office centres
were built outside the city centre zone; all these factors resulted in
226
a stand still in land market activities until today with exception of
the sea front.
In summary, three factors have influenced land market activities in
the city centre: land ownership and the financial ability of the owner
and the inheritance laws associated with land; the government
Intervention in the land market by means of subsidies (REDF) or by
compensation processes and government expendure (improvement
programmes); the last and the most important, is the general
economic condition of the country.
The Southern Area: Land market activities in this area contained two
Identified areas; one to the southwest of the centre and the other to
the south and southeast of the centre. The first one, remains, until
today, relatively slow in terms of construction activities, and land
prices, in comparison to the rest of the city. Land in this area was
associated in the beginning with wholesale activities as a result of
its proximity to the sea port. It developed into a scattered pattern of
warehouse structures in the early 1950s, when land prices in the
area ranged from SR 0.5 to 1.0 per square metre. Generally speaking
the area is owned by import and export businessmen. The area has
three identifiable periods: the first being up to the removal of the
city wall in the early 1950s. During this period the area was
occupied by migrants from outside the country; when land belanged to
those who brought "life" to it, through development (see section 5.4).
Secondly,the removal of the city wall and the construction of a bigger
seaport outwith the city wall brought warehouses and new market
activities to the area. As I mentioned before, land in this area was
227
mostly owned by businessmen and developed by them for the purpose
of storage and distribution of goods. There were some offices
developed in the area for shipping companies. Land prices by the end
of 1950s were between SR100 along the Medina Road and SR 10 in the
middle of the area. Since the area developed without any pre-planned
pattern, the main factor in determining the land prices is
accessibility, especially for loading and unloading activities; the
second factor in determining the price during this period was the
distance from the city centre. The third identified period was from
the late 1960s to the municipalities zoning regulation of 1978,
which stopped the construction of any kind of wholesale acitivities
and warehouses, and left the area for retail activities, office uses
and residential uses. During this period almost 80% of the area was
developed and the prices rose from SR 10 to 1,500 and from SR 100 to
12,000. The economic growth generated import activities and general
shipping, loading and unloading activities, which resulted in great
demands on land around the seaport . Not only this, but also the
availability of utilities and the proximity to the city centre attracted
a sizeable amount of residential buildings. In the absence of
development controls, some developers, developed their sites in one
of the most hazardous ways, by designing the ground floor for
warehouse activities with several storeys in residential use above.
In 1978 the municipality designated a large subdivision outside the
built-up area to the south of the city for warehouse activities and
stopped all warehouse and wholesale building permits in this area.
The decision brought land market activities in that area to an almost
standstill. The reasons for the decline of land market activities in
the area are: the zoning decision meant that the area should either be
228
developed for retail activities or residential uses. The physical
pattern and appearance of the first was not encouraging for such
activities, especially for office uses...for the same reason, the area
could attract little if any type of residential use. Land prices in this
area by 1983 dropped by about 10%. Experts in the field of real estate
argued that the only reason for holding land prices at this level is in
the hopes of government improvement projects in the area, which will
bring the usual inflated government compensation.
In the last 10 years it is safe to say that there were two factors
influencing the land market activities in the area: the zoning
regulations and government improvement programmes i.e. the ring
road project, enlarging minor roads, improving the general appearance
of the area.
The southern and southeast part of the area remains, in general, in the
same frame of activities and occupancies of the 1950s. Low income
development, slums, mixed uses deprived the area from recognizeable
changes in land prices (Figure 6.3).
The Northern Area: This area the most recently developed part of the
city, was not developed until the late 1950s. The southern part of
the area was developed in the 1960s as a high to medium income
housing area. The northern part, in general, was in government
ownership until the 1960's; when the government started to subdivide
parts of it and granted it to applicants for private residential land
and the rest was granted in large estates to dignitaries. By 1970 all
the northern area had been granted to individuals. The increase in
229
land prices motivated most land owners in this area to withold their
land from development, seeking higher prices. This action
characterized the area with urban sprawl, as we will see in the next
chapter. However, what concerns us is the two kinds of land market
activities . The first being the development of what is called
"compounds". This is where developers built a number of villa type
houses provided with a high standard of recreational facilities and
surrounded with a wall (heights of 2 to 3 meters), for privacy
purposes. This kind of development took a large scale in later times;
when some developers developed a whole neighborhood, with almost
all utilities and community facilities. This kind of development
encouraged other developers to do the same; at our present time it
has became a practice that is taking place all over the country and it
is being encouraged by local municipalities.
The second one is the development of the new airport. The project
has influenced the land market in a different manner than usual, the
influence of government on land market e.g. zoning, utilities, land
grants, etc. The airport has generated almost 5,000 jobs located
outwith built-up area, by a significant distance (15 miles). As a
result the area surrounding the airport developed a potential use e.g.
residential, services, etc..., which in return attracted private
developers and influenced land prices. In other words the
development of such a government project, brought to the attention of
land market actors and the activities of land market, the extent to
which government can influence the land market.
230
In summary, land market activities are influenced and affected by the
following:
- Land ownership attitudes e.g. inheritance, right of use...
- Land development controls e.g. zoning, by-laws, building
permits...
- Government investment in land development e.g. REDF,
public housing...
- Government land grant programmes.
- Public investment e.g. utilities, community services...
- Public projects e.g. airports, housing developments, new
towns...
However, at this stage, it should be known that government does not
practice any kind of direct intervention in the land market to control
transactions and land prices with the exception of land registration
law. However, there are two forms of indirect intervention; namlely
land grant and the REDF. Whether the governments attitude has a
positive or negative impact on urban growth, will be one of the issues
of the next chapter.
2-51.
Notes to Chapter 6:
1. Information about this section obtained from two sources
a- official interview b -H. Hajrah (1982) Public Land Distribution in
Saudi Arabia, Longman, London
2. Land Development Policy, Technical Report No. 8, 1979, Jeddah,
Hajrah, (1982), p. 1-32
3. Data and information about this section obtained from various
government documents namely:
* AL Nizaam Alaam Lamanat ALasimah Walbaladiat Fl Almamlabh
* Nizaam AL Baladyat Wal Kurah, Royal Decree No. M/5 1979
* Riyadh-Doxiadis Master Plan Zoning - bulk and might
* Various Royal Decrees and Ministarial circulars, between 1950-
1979
4. All the information in this section obtained from:
* Survey Information
* Jeddah Municipality
* Real estate agents
232
CHAPTER VII : EVALUATION OF URBAN LAND DEVELOPMENT IN
SAUDI ARABIA
7.1 INTRODUCTION
Since the beginning of the phenomenal urbanization process and urban
growth in 1970, the government of Saudi Arabia has been
concentrating its efforts to control land development in a manner
consistant with the National Plan objectives. The efforts led to the
formulation of comprehensive physical plans supported by land
development policies to insure their implementation.
In Chapter 2, four kinds of problems arising from the urban growth
were isolated:
1 - Urban Sprawl;
2 - Lack of community facilities;
3 - Environmental and cultural incompability; and
4 - The loss of agricultural land.
As a part of the overall methodology of this thesis, three areas have
been choosen as case studies for evaluating the results of urban
growth and government action to control it. We will analyze the
growth of Jeddah in respect of the massive investment by public and
Individuals as well as the rise of living standards and its impact on
general land development. By all means this case is the core of the
analysis. The second case study looks at the impact of urban growth
on agricultural land; where Al-Medina area has been chosen for that.
„
W/.; '22/ ./Z//1,;(// ••• f/I;
-4.%,
,,,,..,,,, ,/,',Yre.r`,.• ,,,, . //:,, S 4'22/ ,:%9.,?,?X;%,',:s?,
• 4.4:///,'/,',9,/,
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,,,,,,;•,:, ,,.../.;9;,:f.;•,;;;,X,
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./44,,,,, . .,./All
0 400 800 1200
Figure .7.1: National Setting
233
Yanbu at the west coast will be analyzed in respect of uncontrolled
growth resulting from lack of governmental co-ordination at the local
and regional level.
7.2 The CASE STUDY OF JEDDAH
7.2.1 Background
Jeddah with a current popultation of over a million and half, is
located at the center of the most populous region of the country. It is
of prime significance both socially and economically to the Kingdom.
Its primary function is as the country's major sea port (figur7.1 ).
This function has been supplemented by the growth and importance of
Its international airport and the associated development of its
leading trading and business activities. With the development of its
airport facilities, it is the principal airport and reception center for
international Hajj visitors making pilgrimage to Makkah and to visit
prohpet Mohammeds resting place in Medina . The importance of
Jeddah is reflected in the governments project expenditures. During
the Second Five Year Development Plan, approximatly 30% of the
governments project expenditures were invested in the city and about
the same during the third one.'
Up to the end of the second world war, Jeddah was essentially a
walled city . The only notable development ,outside the walls, were
the Sabeel area and smaller scattered housing around a Turkish fort.
With the growth of national oil revenues • the city wittnessed a
remarkable period of expantion; growing from a population in 1947 of
about 40,000 living in as area of about 63 hectares to a population in
234
1955 of about 150,000 extending over an area of 2,230 hectares. By
1971 the city's population had grown to approximately 381,000
covering an area of 4,750 hectares. The present population of the city
Is now estimated to be about 1,300,000 extending over an area of
approximately 10,000 hectares. 2 Figure 7.2 shows the extent of
urban growth of the city during the period of 1850 to 1982.
The Environmental Setting
Geographically, the Western Region of Saudi Arabia is not physically
homogenous, lying across three of the major north-south
physiographic divisions of the Kingdom; the coastal plain or “tiharner,
the escapement and Hij
The city of Jeddah is located on the Red Sea Coast of Saudi Arabia on
a 12km. wide coastal plain or “tihama". To the east of the city a
break in outlining foothills, provides access to Makkah and the Hajiz
hinterland . Thus Jeddah, like many other major cities, developed at a
natuarlly-defined communications node, where sea-borne goods could
be trans-shipped, either eastwards enroute to Makkah and the Arabian
hinterland or northwards via the tihama and the Badr gap to Madina
and beyond. The beneifts of Jeddahs physical location are still of
significance for the regional location of surface transport routes .3
Climatically, Jeddah lies in the arid zone between the mild climate of
the Mediterranean Basin and the monsoon climate of the Indian Ocean.
Temperatures are high, as can be expected in a desert area. The hot
and humid climate influenced the traditional architecture and layout
of the city. The tall buildings and narrow alleys provide shaded areas,
az mountains and the interior plateau.
Figure 7.2: City Growth 1040-19130
REM Cfty Limits 1980
City Limits 1970
City Limits 1964
111€1 City Linfts 1955
Eg City Lin-rits 1947
am City Lirnits 1840
Satrap : Action Master Plan ,Report , NoS
235
while funneling the sea breezes into the town. Isolated and intense
rainstorms can occur during the winter period. The violence and
frequency of the storms varies widely and rainless gears are not
uncommon. The average annual rainfall is about 40mm. The hazard of
flash-floods to the city is contained by the recent construction of a
system of stormwater ditches or interceptor channels around the
ci ty(Fi gure 7.3)•4
Historical Outline For The Urban Characteristics
When I described the social conditions and the physical patterns of
Saudi Arabian cities, Jeddah was no exception to the norms outlined
previously. One can conclude that Jeddah's urban morphology followed
the patter of what is commonly known as the Islamic-Arabic city.
The following is a decription of the urban characteristics of old
Jeddah (the condition of the city until 1955; about 20% of the old
Jeddah's features have been preserved by a strict comprehensive
conservation programme).
Within an Arab town, the home, mosque and market, embodies the
characteristic quality of Arab life. The intervals between them, the
pathways and the public spaces, provide a social amenity and their
Importance sometimes exceeds that of the enclosed spaces, but the
clear separation of public spaces and private spaces, particularly the
privacy of the home is never violated. Articulation of open and
enclosed spaces within the town is paralled by the relationship of the
town to the outside world and the boundary between town and
surrounding lands is usually well defined. The gateway, the image of
a defined entry into a place, defines very real transition. The life of
Figure : 7.3 Local Setting
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23 6
the town the life of desert constitute two distinct detached
realities.5 (see Appendix A for a detailed discription of Urban
Society in Jeddah.)
In Islamic trading towns, the most characteristic urban element is
perhaps that associated with the life and space of the Suq, the market
place, and an area of public commerce with both social and economic
functions. In Jeddah, the Suq developed along the two major roads,
crossing almost at right angles. With the angle formed by the two
streets were found masses of narrow lanes, passageways and alleys,
with small, open-fronted shops. By the 16 century, therefore,
Jeddah's townscape was representative of the typical Islamic city
which had evolved to that time, including the characteristic Suq as a
major axis, primary concern with social and defensive needs, and a
clear relegation of aesthetic effects to a secondary importance.
There was, of course, another important factor, Jeddah's climate. The
street patterns were such that they usually lead to communal plazas
of varying size and importance. The communal spaces were
distributed in the town so that each group of houses could be oriented
towards its own community area. These spaces are pleasant and
comfortable. The surrounding compact masses of tall houses provide
shade and protect the area from dusty wind. They shield the street
from the heat and glare of the sun, and, by channelling warm air
currents, induce convective cooling of the open space. This, in turn,
provides the cool air which replaces the rising warm air being pulled
out of the houses by differences in presssure between the inside and
the outside.6
237
As is generally the case with the Islamic city, Jeddah reflects
certain urban planning principles. There is a recognizable hierarchy
of multiple levels of linked functions, spaces and movement. Apart
from its neatly compact residential quarters, the town is centered
around the bazaars which enbody a variety of commercial activities,
differing in use and intensity of use among primary, secondary and
tertiary streets. The main outlet for retail and wholesale businesses
is the primary streets where businesses and shops are diversified in
items they sell. The bazaars on the secondary streets are small and
Intimate in scale and generally each small cluster concentrates on a
single item or a few special items for retail. The service centers and
storage facilities are located immediately behind the shops or in the
ground floor of the residential quarter of the shop owner. The bazaars
and the clustered separate functions which suppport the ordinary
needs of everyday life provide a definition and identity for the
communities districts and quarters. Interconnections among
buildings, building clusters and bazaars create the protected
pathways and the spaces which characterize Jeddah and affirm its
Islamic identity:,
Traditionally, a city dweller in Jeddah relates himself to his own
Harah, a geographical zone or district of residential and commerical
activity, skirting a major city axis and connected primary or
secondary streets housing bazaars. A network of alleys and
passageways sprawls from these streets into the interior of the
Harah. Within a Harah a social hierarchy generally enforces rules
governing behavior, both private and public. Major streets lead from
active public areas to a second echelon of social spaces where local
streets intersect to narrower pedestrian areas which lead to small
238
common areas and finally to restricted approaches to residences
which serve the private side of life. Most often the common area is
formed by a simple widening of the street as it turns a corner. A
command area is sometimes no more than a setback in the street or
the junction of two alleys. Although alleys and passageways can
terminate at dead ends, they more often end in common areas of
communal courts. Thus the maze of narrow, winding, shady and quiet
streets (with their tall buildings of four or five storeys) leading
from crowded bazaars reach out to small open spaces filled with
children playing games. They are the points where an individual group
can come out of its communal seclusions to the openness of a definite
public space, a space more intimate in scale then the bazaar or the
primary and secondary streets.
The characteristic Islamic concern for privacy and clear separation of
public from private life by a hierarchial secquence of progressively
more private transitions was the dominant force shaping the
buildings and interconnecting spaces in Jeddah's old residential
quarters. A typical Islamic city dweller has been described as moving
through a series of spatial enclaves from most private and
individualistic to the spatial sequences he experiences. In old Jeddah,
leaving the entrance hall or private courtyard, with its bright and
attractive privacy, he entered a lesser degree of privacy in the
narrow dimly lit lane outside, moving then into the places which
belonged to the inhabitants of the immediate neighborhood. There
was progressive loss of privacy and Increase of public identity as he
traveled along the land and entered the communal streets of the
Harah, where he came out of seclusion into the openness of public
239
spaces. Arriving at the Suq he reached the maximun extent of public
Identity.
On the way back to his home he retrieved his privacy in a reverse
order. Returning to the Harah, a first he found sights familiar to him,
then faces he could remember, and finally he encountered people who
greeted him, then who invited him to join them for a cup of tea or to
smoke "shisha". In sum, therefore, the spatial order of this city was
thus derived from socio-economic patterns and the technological
capabilities of the time and before all Islam.
The conceptual framework of the extended family in the Islamic
world acted as the nucleus in enhancing and preserving strong social
ties, and thus creating the basis for the constitution of the structure
of the larger communities and the family groups existing within them.
The various residential quarters of old Jeddah represented nothing
more than parts of still larger families.
The social and communal activity of Jeddah was nevertheless
centered around its most important institution, the mosque. Each
residential quarter had one large mosque and several smaller ones.
The smaller mosques were called "Zawayah". The Zawayah placed a
very important role in bringing together the heads of the families in
the immediate proximity, while the larger one was used for the bigger
community congregation. Often the position of !man in a Zawayah was
granted to the oldest head of a family nearest to it. According to
historical records, in the mid 19 century Jeddah had five major
mosques and thirty smaller ones.
240
The town had only one large rectangular open space near the
customhouse. This space functioned as the public square of old
Jeddah, starting almost at the location of the old Sharif Gate. On the
east side of this street the old town still remains almost intact, but
the west side has been completely taken over by the central
commerical district of Jeddah.
As already mentioned, in spite of the division into quarters it is
difficult to identify the demarcation lines among them. Indeed,
socially and physically the entire town had a sense of one large,
expansive residential district. The lace-like cellular form of streets
evolved a cohesive pattern, flowing into each other. Yet, by looking
carefully at each district, one may find a subtle difference, in terms
of spatial organization and architectural expression of building form
and types. The width of the roads of the old town varied according to
function and location. The narrower cool and shaded lanes mostly
located within the residential quarters were called "zukuk". These
were sometimes as narrow as two and a half meters. The wider
roads, sometimes as wide a fourteen meters, were generally called as
"shari". These street served as major axis for shopping areas and
transport of goods. The narrow streets of the residential quarters
were, in effect, extensions of the houses, very often forming a series
of semi-private tiny squares. This narrow labyrinth of streets led
Into a series of small intimate squares and provided the most
pleasant and conspicuous feature of the old town. There was a sense
of shared teritoriality among the neighbouring family houses, which
in turn led to social integration and a sense of community.8
7.2.2 The Urban Structure Of Jeddah
Figure 7.4: Direction of Growth
Source: Master Diractin Plan , 1978
1011', ..-..,
e64
Figure 7.5 Jeddah PLanning Areas
0 Northern Area
.111 Central Area
Madinah Road Area rial Makkah Road Area
Bani malik Area Southren Area
"VZ •nn • .1 .0
241
Because of the city's natural location in the Tihama coastal plain, its
urban growth was directly influenced by some salient physical
determinants. Confined by the Red Sea on the western boundary and
by the foothills on the eastern outskirts, Jeddah's growth from the
historic hub, developed first eastwards along Mecca Road (until the
late 1950s), and then linearly northwards along the Medina Road
(figure 7.4).
The influence of the man-made determinants on Jeddah's growth left
Its fingerprints on the existing structure. The most prominent man-
made elements in this regard were represented by the large old
airport grounds, occupying close to 2000 hectares, northeast of the
city and the extensive industrial development to the south. Currently
there are seven identifiable zones within the limits of Jeddah, each
has comparatively distinctive urban characteristics. The following is
a brief description of these areas (figure 7. 5):
1. The Old Town
The historic hub of Jeddah represents the central zone, encircled by
the inner ring road, which also roughly defines the location of the old
town wall. A present this zone functions as the commercial and
business center (COD) for the entire city. Land uses are highly mixed
In this zone, with the residential sector utilizing the highest
percentage thereof (about 70% of the total area). The rest of the land
is utilized by the "suq" (market place) and bazaars, commercial
houses, banks (concentrated in the southern portion of this zone),
office buildings, showrooms, parking lots, etc. Most of these utilities
are confined to the area between King Abdul-Aziz Street and King
Faysal Street, which has the highest land value in the entire city. Due
242
to such high land values (in the neighborhood of over four thousand
pounds per square meter), high rise apartment buildings are now
constantly replacing traditional single-family houses or filling
vacant lots. Most of the old part is protected by conservation
regulations. However, the west part of this zone, the coast, is
undergoing active re-construction for more offices and residential
buildings,
2. The Outer Central Zone
The second zone is confined between the inner ring road and the
second ring road and the second ring road which connects the seaport,
Mecca Road, the old airport and Medina Road. The zone, in spite of its
highly mixed residential, commercial and light industrial activities,
is largely residential, providing housing for over one third of the
city's population, according to the survey of late 1972. Since,
relatively, little development took place in this zone between 1973
and 1982, its basic structure remains almost the same. About
seventy-five percent of the ground levels of the built up area in this
zone is occupied by commercial and light industrial activities, while
almost all upper floors are assigned to residential uses. In addition,
approximately 35% of the total labour force of Jeddah is employed in
this zone, specialized mainly in the service industry and service
trade. The zone comprises the greatest number of Jeddah's hospitals
(about one third of all hospitals) as well as the old pilgrims city (the
seaport pilgrims city to the southwest) and the Ministry of Foreign
Affairs.10
Both this zone and the central area (the old town) constitute the
largest business center of present-day Jeddah. Together they employ
243
about seventy percent of the city's total labor force and provide living
quarters for as much as half of Jeddah's population. The outer central
area has a gross population density of about 158 persons per hectare.
3. The Southern Area
The third area is represented by the southern quarter of the city, and
Is delineated by the seacoast, the second ring road, and the area south
of Mecca Road. It includes the low income areas of Al-Sabeel and
Gholeal as well as the large industrial estate. It is the location of
most of Jeddah's heavy industry, such as the oil refinery and the steel
rolling mill and provides numerous employment opportunities. This
has attracted a large number of low-income squatters, mainly
Immigrants who built their huts and shanties on public land in Al-
Sabeel and Gholeal districts.
Located to the south of this zone, the industrial estate was planned in
the early 1970s, to encourage private industrial enterprises; it was
provided with infrastructure and auxilliary facilities. Each of these
units was available for long term leasing at nominal rates to small
and middle range investors.
Also within the southern sector of this area is located the state radio
and television headquarters (a complex dominated by a thirteen stonj
building), as well as the quarantine and most of the new government
office buildings.
4. The Makkah Road Area
This area is located east-southeast of Jeddah, along both sides of
Makkah Road, and confined between the second ring road and the
244
eastern foothills. The principal component of this zone is the high
and middle income housing, predominantly in the form of single-
family detached villas. This type of housing occupies approximately
eighty percent of the total built up area in this zone. The largest
single land-use In this area was reserved for the Khuzam Royal Palace
and its gardens, whose 128 hectares (315 acres) were donated to the
city to serve as a large public park. Various commercial and
Industrial activities also conglomerate on both sides of the Makkah
Road, in addition to a large number or government offices and
departments and some foreign embassies. Since 1978 , four major
development have taken place ; the university campus, Prince Fawase
Project a residential (Planned Unit Development) P.U.D. decielapment
to house 2,800 families, a public housing project to house 10,000
low-income families, and a municipality subdivision for limited
income groups.'1
5. The Medina Road Area
This zone lies to the north of Jeddah, beyond the second ring road and
along the Medina Road and extends westwards to the seacoast and
eastwards to the limits of the old airport grounds. It is mainly a high
quality, modern residential area, with varying densities and income
levels (largely middle to high income communities). Yet the urban
growth of the older districts, such as the area immediately adjacent
to Al-Sharafiyyah Street (the westward extension of the Airport
Road) is similar to that witnessed in the Central Area. However,
most of the urban development in this zone is largely based on a
strict land sub-division. Particularly to the north of Palestine
Street, the predominant urban pattern is set by scattered villas and
245
single-family houses, in addition to vast undeveloped properties
within the city proper.
. The western portion of this zone, close to the seacoast, boast the
largest number of embassies and ambassadorial residences, royal
palaces, princes' mansions and luxurious detached villas. High and
medium rise apartment buildings for middle and high income people,
line most of the Medina Road, occupied largely by foreign
professionals, technicians and young Saudi technocrats.
The villa is the most popular type of housing in present-day Jeddah.
In the Medina Road zone, as well as in the Makkah Road zone, the villa
was usually built on a one half to one hectare site, surrounded by
walls as high as eight feet. However, due to the tremendous increase
in land value, this pattern has long changed in this zone. It has now
become more profitable to construct multiple developments on one
hectare sites. Therefore, the plot sizes have been reduced to as many
as sixteen single-family houses per hectare, instead of the previous
plot size of one villa per hectare. Various western syled
neighborhood shopping centers and shopping malls have recently
evolved in several residential districts within this zone, serving
communities in the immediate neighborhood.
The most salient feature of this area, however, is the huge high-
density residential complex, the Jeddah Towers. This development,
located on the Prince Fahad Street, west of the old airport, is
sponsored by the Ministry of Housing. It consists of thirty two high-
rise apartment buildings, each building rising about twenty stories
high. It is planned to provide living space for over five thousand low
246
and middle income families, in addition to office and commercial
space and other public facilities.
The Medina Road area has the lowest average gross density in Jeddah,
approximately 37 persons per hectare. Of all the other zones in the
city, the Medina Road zone has the largest potentials for
accommodating further urban growth in its undeveloped areas; it also
contains most of the vacant serviced land.12
6. Northern Jeddah Area
Until early 1970 the area north to Palestine Road was undeveloped
with some exceptions in the east, where a squatter law income
traditional houses exists. The area is known for being publicly owned.
In 1970 Jeddah Municipality subdivided parts of the area and granted
it to applicants, for land to build their homes. Most of the granted
land went to middle and high income groups. The process of granting
land in plots range from 25x25 to 50x50 meters and large real
estates lx1 kilometers continuance and by 1975 the whole area north
Palestine Road until the new airport was converted to private
ownership and a process of very low squatter density of high to
medium income residential developments had started.13
Along the outer fringes of Medina Road, there are, in addition, several
industrial plants, most of them are non-polluting. The major
industrial activities along this road are battling plants, kodak film
labortories, telephone exchange, foam-rubber and marble plants and
furniture factories. The cement factory, located on this road, at
fourteen kilometers north of the center, is the greatest source of air
s pollution to the city. The factory occupies, at present, an extensive
247
ground outside the city proper, has its own housing complex for its
employees.
Further north, in addition, to the new airport occupying an area of
4000 hectares, new residential apartment buildings have been erected
around the south corner of the airport, mainly for those who work at
It. 14
7. The Old Airport Area
The old Jeddah International Airport and its supportive facilities,
occupying an extensive area of 1770 hectares, about three kilometers
from the city center, represents the sixth zone within the city proper.
Currently, no development, other than the airport buildings are
allowed to take place on this vast piece of strategically situated
land. Thus, the old airport constitutes a serious impediment to a
sound urban growth of Jeddah. This situation, however, will soon be
mended since the new airport, occupying an area of over twenty six
thousand acres, at about twenty four kilometers north of the COD (in
early 1984, an advertisment for subdivisions was erected in the south
corner of the old airport site, indicating that the south part of the
site had been privately owned and has now been subdivided and in the
process for sale).
7.2.3 Urban Growth And Comprehensive Planning
The first turning point in Jeddah urban growth was between 1949 to
1956; Jeddah experienced a remarkable growth rate, which set the
main pattern for the present form of the city. There is no accurate
Information about the population at this time. The second turning
248
point was the period between 1956 to 1964; there were frequent
economic crises with resultant strict austerity measures. These
brought to an end the rapid growth of Jeddah. The most prominent
public works were small extensions of the airport and harbour and the
beginning of King Faysal Street in the city center. No major suburbs
were started, although, they were mulling of some areas in the then
existing suburbs.
The third turning point in Jeddah's urban growth started in 1964 until
1973. This period commenced with the accession of King Faysal to
the throne of Saudi Arabia in 1964. It was during this period that
Jeddah had fully established its present urban pattern. The previous
chaotic urban growth of the city accentuated the need for more
controlled and guided city planning. Various foreign surveying and
engineering companies were, hence, employed to lay the groundwork
for such planned expansion. The development of the city from 1969
onwards, was continued at a slower rate yet, more controlled. This
period of less than ten years, witnessed a great deal of urbanization
in and around Jeddah, an enormous build-up which, once and for all,
transformed Jeddah from a small traditional town to a vital national
metropolis.
The fourth period beginning in late 1973 to 1976. Immediately
followed the decision of the oil exporting countries, to raise the price
of oil, this led to a phenomenal increase in the Gross Domestic
Product of Saudi Arabia (table 7.1), which is highly dependant on oil
export. The country's GDP has grown from 17,399 million Saudi
Rigals in 1969-70 to 31,264 million SR in 1974-75. Accordingly, the
Table 5.1 :Gross Domestic Product.
1970 1973 1978
Agriculture 0.984 1.089 1.359
(1.9) ( 3.3)
Chl 8.154 A6409 S7 St4
(58.0) (42.1)
Manufacturing 1.672 1.978 2.596
(7.0) (6.2)
Electricity 0273 0.381 0.864
(1.3) (2.1)
Transportation 1 243 1.849 5.168
(6.55) (12.4)
Trad 1.362 1.795 4.448
(6.3) (10.7)
Puplic administrdtk.i. 1.678 1.981 3296
and defence (7.0) (7.9)
Other sectors 1.099 1.395 2.162
(4.9) (5.2)
Gross dornestic product 17.399 28273 41.641
Source: The World Bank, World Bank Tables, 1976,1980.
249
Per Capita GDP was estimated to have grown from SR 3,185 in 1969-
70 to SR 23,980 in 1974-75.
This remarkable increase in wealth had a dramatic impact on the
urban expansion of Jeddah. To achieve the objective of a more
diversified economy and modernization, the Saudi Arabian government
sought to invest heavily in the betterment of the major urban centers
and their rural hinterland. Enormous sums of money were added to the
annual fiscal budget of Jeddah's municipality to enable the
implementation and operation of its programmes (table 7.2).
During this period, extensive operations of road and highway
constructions took place in all parts of the city, following the action
area plans and the master plan, developed by RMJM (Robert Matthew,
Johnson-Marshall, Consultants). This reflected the extent to which
Jeddah had become a car oriented and car depentant metropolis. From
the beginning of the 1970s, the car became the dominant factor in the
planning and urbanization of Jeddah. The popularity of the
automobile revolutionized the scale and scope of the city, and altered
much of its social habits as well.
A new primary road network was designed for the city in an attempt
to provide easy access and mobility, congruent to the urban growth
requirements. The network of new high-speed routes was planned by
RMJM in a north-south linear form, establishing the transportation
framework for further community development. Exorbitant amounts
of money were necessary for expropiation of privately owned
properties in order to construct new streets and large parking lots.
Moreover, whole residential and commercial areas were obliterated
TABLE :5.2
Jeddah Municipality Budget (£1=SR5)
YEAR BUDGET
70-71 28,822,161
71-72 65,732,516
72-73 57,683,949
73-74 152,184,134
74-75 630,377,226
75-76 1,377,121,300
76-77 1,039,345,262
77-78 1,235,116,000
Source : The Master Directive Plan,1979
250
and a great number of residents and tenants were either relocated or
forced to evacuate their homes to give way to the unprecedented
process of rebuilding. In some cases this process helped in clearing
away some of the social and physical slums in some parts of the city,
but in many cases, it also led to public commotion and distress, for
the process was often too rapid to allow decent re-housing of many
evicted residents.
The fifth turing point, 1978 to present day, initiated by the Crown
Princes order, to stop all kind of expropriation of inhabitants
dwelling, until the concerned ministry provide an alternative for the
potentially affected residents, and the Royal Decree that foreign
companies (contractors, consultants, etc.) are not allowed to use the
existing residential stock and they have to provide their employees
with their needs, for residential units, by building new ones or
Importing fabricated units. These two Decrees and the second oil
boom in 1979 energized the construction and other urbanization
activities. In general the pattern of growth during this period
followed the same pattern of the previous one. More urban expanison
towards the north; increasing demand for housing and some
government housing projects completed.
This growth has been generated as a result of economic growth. In
the following section, we will discuss the economic condition which
led to the physical growth as well as the sources of the population
growth. The theme of this section is to outline the various factors
influencing the land development policies.
7.2.4 The Master Plan Of 197315
251
By the beginning of the 1970s, the need for comprehensive master
planning for Greater Jeddah, within an overall regional development
programme, was virtually indispensible. The office] consensus was
to request the services of a reputable foreign body of experts for this
task. Considering the past events in the city, this was the first bold
step towards an extensive, serious and scientific planning.
Thereupon, the Ministry of Interior and Department of Municipal
Affairs (now the Ministry of Municipal and Rural Affairs) appointed
Robert Matthew, Johnson Marshall and Partners (RMJM&P), which
commenced its work in Jeddah in May 1971. In addition to RMJM&P
team the ministry seconded a counterpart team V 12n1.1ng Sauti
architects, engineers and geographers.
By 1973, for the major cities in the west region, the master plans
were initiated within the overall regional situation and were aimed
at providing an intergrated land use transportation structure capable
of accommodating different rates of growth. The consultants also
aimed at spelling out the public utility service requirements, as well
as standards for and provisions of schools, clinics, hospitals and open
spaces. In addition, they were concerned with preserving some of the
historical fabric of the cities.
With regard to the city of Jeddah, eleven feasible growth options
were examined, portraying alternative uses of land and consdering
various directions of expansion. After evaluation, the optimum
solution was selected and recommended as the basis of the plan for
the city. Once the selected strategy was approved by the ministry, a
252
draft master plan was drawn up and prepared, and eventually served
as the model for the final master plan itself.
The following thirteen key objectives were used as guidelines in the
RMJM&P proposals:
1. To provide sufficient information as a basis for
ensuring an adequate supply of water and energy.
2. To promote the maintenance of public health.
3. To provide an adequate road network at city and
local levels.
4. To encourage the development of public transport
systems so as to create a balance between private
and public transport.
5. To achieve an appropiate mixed distribution of high
medium and low income groups, and to maintain
social cohesion through a well-balanced residential
density and housing type.
6. To provide sufficient religous, educational, medical,
administrative and recreational facilities to meet the
needs of the population.
7. To encourage the development of local industry and
employment.
8. To supply the development of local business and
commercially planned activities.
9. To control the growth of the city only to the extent
that it would allow maximun benefit to all citizens,
at minimal inconvenience.
10. To provide development control so as to ensure a
balanced growth of the city.
253
11. To preserve buildings of architectural or historical
significance as part of the effort to conserve the
Islamic tradition.
12. To develop planning techniques and methods as part
of dynamic city planning, responsive to pressure of
growth and change.
13. To establish an effective information and
classification system for data storage.
The above proposals were supported by a series of Action Plans for
various parts of the city and by an adivsory report on methods and
procedures for control of its development. The form of the plan is
illustrated in figure 7.6.
Essentially RMJM&P could not forsee the economic boom that resulted
from the 1973-74 oil price adjustment (see Appindex13). The national
projected average annual rate of growth of GNP had been fixed at 6.5%
from 1970 to 1975 and 5.0% from 1975 to 1980; as it happened the
GNP grew at an average rate of 12% during that period. As is well
recorded in Appindex 13, excess money, liquidity, resulting from the
boom, fueled speculative land and building development, which in turn
set up tremendous pressure on any development boundary or phasing
programmes. Along with economic growth, population increased
accelerating the higher estimate of the Master Plan (figure 7.7). Such
development pressure to force a "besieged' planning authority to
focus on roads and services in new areas at the expense of those
programmes, such as the provision of public facilities or
neighborhood structure and housing for middle and lower income
groups (for more details see Master Directive Plan, 1978, Report 4).
E= 6et
V'
1.1
1
i
.7
_- ____,-------"'
---,-,- '-,..,...,n11n
1970 1976 1981 1981 1986 1991
Figure 7.7 : Population Growth
N
20
16
0` ,tdn 14 =0.0 a-
12 - - '
10 RMJIMP HIGH
8 - -"
6
1975 CENSUS _---
I( - P_PFJP1P LOW
4
- - '- - - _ - -
•n•n• ,,n1•'
nnn•n••
2
0
Source : Jeddah Master Plan 1975 Official Census
254
In the report, detailed evaluation appears of what had been planned
and what actually happened from the time it was adopted to 1978.
However, at a city level, Figure 5.8 shows developments which have
taken place outside the zone areas proposed in the 1973 Master Plan.
At the local level: Medina Road Action Area, where one half of the
area which was originally designated for villas has been developed
with apartments. At the same time, much of the area zoned
residential has been subject to change of use for offices. Northern
Jeddah Action Area where facilities planned for the residential
population have not been implemented, little adherence was kept with
area zoning. Makkah Road Action Area where, as above, proposed
facilities have not been implemented. Lack of community facilities
and other services remain the characteristics of most of the city.16
In broader terms, the proposed city structure has been adopted, but
actual development has diverted significantly from the Plan.
Population distribution has not followed that proposed in the plan;
residential areas have not developed systematically in the sense of
being consolidated and serviced prior to new areas being developed.
Non-residential development (offices, shopping, etc.) have been
diffused and scattered throughout the city. Provision of public
facilities is well below the requirements of the population. In
summary, the failure to implement the Master Plan and with a
simultaneous high rate of urbanization resulted in the following :
- Urban Sprawl Development: lack of community facilities
open spaces, mosques and cultural environmental
compability.
- Lack of community facilities.
- Lack of cultural and enviromental consideration.
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In11/42I.V41,41,4P4r4W/4/./45/4KOKIP:I4/4/4/4/41•41•0•415% 41/4WAKI1/11/4/4/4•4,41r4WWWWWW41/4W4WAPSI4 I4KI4/4/11WW4W4W4P4/41/1/41/4,4n11/W.W.r. 4F4P:I41/4r4W4/4•41,41/4W4PW/4/4P4r.I.I.V4PWWWWW4 IIKIKI4/4/41/4/4r1/4/1/4/4•4n11/41,4•4/./4/41n11/4/41W4KMIWP,
t Open Space Not Developed Satellite Development Not Commenced
j New City Park Under Threat of Urban Encroac. 4 Substantial Urban Development 5 District Centrict Centre implemented • Secondary Centre Not Development
Source : Mas-ter- Actioa Plan , 1978.
Figure 7. : Major Non Conformance With Master Plan
255
- Traffic congestion and shortages in parking facilities.
Appendix 13 discussed the economic conditions and its impact on urban
growth of Jeddah. In summary, we have attempted to give a broad
account of the major economic currents (the urbanization process)
that were affecting Jeddah during the period of 1973-1980. The main
theme running through the appendix has been that the pace of
economic progress, since the Master Plan was written, has been much
faster than anticipated and therefore, most of the implicit economic
assumptions were inadequate. Later we will analyze the policies
which dealt with land development under the above circumstances.
At this stage of the analysis, some general points may be noted:
there had been a continuous growth, in population as well as income,
as a result more demand for land to improve their housing as well as
to accommodate the increasing population; government has been
pursuing ambitious plans for increasing its budgeted expenditure in
all areas which in return mounted great pressures on urban land. As a
result construction remains one of the main impulses of Jeddah's
economy, another being the activities associated with the city as the
country's major entreport and trading center. Both of these
industries are very healthy, and their future development will move
with the fortunes of the country as a whole.
Several major developments have been mentioned which generated a
great deal of pressure on land (in return on land policies). First, the
growth in the number of cars and other vehicles has created a new
industry for maintenance and generated high amounts of traffic on
roads. This industry and increased mobility have been very important
25 6
in providing new jobs, almost entirely outside the center of Jeddah
and predominatly in the middle and higher income areas in the
suburbs. Second, the growth of banking and financial services was
not anticipated in the Master Plan. With the rapid transition from a
cash to a credit economy, which Jeddah is currently in the midst of,
banking will be a significant factor in the local labour market.
Thirdly, the increasing retail activities and the introduction of
superstores. Fourthly, the increasing number of multinational
companies and the generated demand for accommodating their
employees. Hence, these two developments have been generating
demand for land, challenging the available development controls and
endangering residential areas.
In discussing urbanization and its impact on urban land-use in the
second chapter, we mentioned that one of the main victims in the
process of changing land-use, is the C8D. Apparently, the economic
forces, that have been operating, seem to indicate that the structure
of the urban economy is changing rapidly and the direction of change
is towards the suburbs at the expense of the central business
district. If this interpretation proves to be accurate, then it carries
profuse implications for land policies.
The improvement in living standards, road construction and urban
renewal, the increase in commercial activities and public facilities,
and overall the increase in urban population generated great demand
for urban land as well as government Intervention in the land market.
7.2.5 The Master Directive Plan
257
By 1978, it was clear that there was a need for revising the Master
Plan. Hence, the Jeddah Municipality asked SJI consultants (Sert
Jackson International) to prepare a guide to the development of the
city within the context of the National Plan. In parallel with the
National Plan, it concentrates on the 10 year period, 1980 to 1990. In
addition to following the Kingdom's broad national plan goals, the
guide (Master Directive Plan) takes account of established regional
policies for the Western Region and Jeddah's role.
Jeddah with a 1980 population of over one million is forcast to grow
to 1.6 million by 1990 and 2.25 million by 2000. Employment is
expected to increase from 282,000 in 1978 to 640,000 in 1990 and
900,000 in 2000. In this context the Master Directive Plan seeks to
locate all the activities related to both the existing and future
population in such a way that the physical, social and economic
conditions of the populace may be benefitted.17
The Master Directive Plan recognized the city structure proposed by
the 1973 Master Plan and the 13 objectives. In summary, these
amount to trying to develop orderly and balanced growth by means of :
1) balancing residential areas to workplaces and shopping
to minimize congestion and maximise transport
facilities,
2) segregation of 'bad neighbour uses to promote a clean
safe environment,
3) provision of community facilities e.g. schools, open
spaces, mosques, clinics, hospitals, to promote social
welfare and community,
4) provision of a high standard of transportation and
258
services.
In the process of the preparation of M.D.P.,the consultant and
Jeddah Municipality evaluated the Master Plan of 1973 and the
available land development policies. The evaluation concluded the
following :18
- "RMJM could not forsee the economic boom that resulted from
the 1973/1974 oil price adjustment . Hence it failed to consider the
population increase which amounts to 50% difference between what
was forecast and actuality ."
- Implementation failure of the former Master Plan was generally
attributed to inadequate land policies as well as to inadequate
enforcement of available development control regulations and to the
lack of any other effective mechanisims for guiding land development.
- RMJM has adopted a planning approach which lead to a rigid
lengthy 20 year elaborate plan, which can not function under rapidly
changing circumstances.
The consultant outlines points of weaknesses in the land policy:
- It did not address the cultural aspects (mosques,privacy).
- It failed to control the land market to facilitate the
supply of land for development.
- It failed to control the use of land.
The Master Directive Plan contained, besides the physical plan, two
technical reports. The first one titled Land Development Policies,
contained the various policies required to facilitate the
implementation of the physical plan. The second one, titled Planning
By-Laws, contained planning by-laws to insure optimum use of land,
259
reduce overcrowding, provide community facilities, etc., to help
implement the plan.
However, besides the main objective of the policy, the policies have
the following aims:19
0 Achieve a social optimum in the use of land and planned
development of the physical environment to facilitate
.. rapid economic growth and.to promote a healthier and
better life for the community.
ii) Eliminate conditions of scarcity of land (particularly
developed or serviced land) in order to facilitate quick
execution of housing and other public and private works
and to eliminate the negative effects of urban sprawl.
iii) Curb undue rises in land values and prevent land
speculation.
iv) Utilize the gains of socially-generated surpluses in
estate values for the common good.
v) Create conditions in which the poorer and under-
privileged classes of society get a fair deal in the
matter of housing and enjoyment of the common
physical environment.
To give more tangible meaning to those policy objectives, see
Appendix C.
7.2.6 The Existing Conditions After The MDP
The approval of the MDP in 1980 included the Execution Plan, Action
Area Plan, Expropriation Plan and the Zoning Plan and Ely-law
260
regulations. The detailed plans are: The Execution Plan: this detailed
execution plan is directed to define areas for facilities and the
resultant lands acquisition needs. In the case of existing facilities,
'spot zoning' may be applied to regularize such developments. The
Execution Plan comprise the basic tools for implementation of the
Master Directive Plan and application and enforcement of the planning
by-laws. The second detailed plan group are the Action Area Plans:
these are directed at development of proposals for critical areas
including areas suffering from congestion, high density, lack of
community facilities and delapidated housing conditions. Also areas
of historical and cultural importance. The third one is the Zoning
Plan, which covers the Master Directive Plan area and gives a range of
possible options relative to the use of land and the intensity of
development. The Zoning Plan is the basic tool in exercising
development controls.
In this section we will examine the existing conditions in the light of
the above plans. For this purpose, the city has been divided into six
zones (same divisions used by MDP for their planning works). We will
be examining the existing conditions broadly, the degree of the
specificness depends on the availability of the data; if the zone has
an Action Area Plan, we will take advantage of the data availability
and look in detail into the existing conditions. It should be kept in
mind, that there are a great difficulties in obtaining data, due to
unavailability or inaccessability.
This section has three objectives: (1) to find out whether or not the
existing conditions are consistent with the plan (MOP) objectives; (2)
whether or not the plan succeeded in implementing its programmes;
261
and (3) the consistence or inconsistence of existing conditions with
the environmental and cultural criteria, bearing in mind that the last
objective could be seen as a part of objective one, since
hypothetically this objective emphasizes the element of culture and
environment.
rlakkah Road Area; This area can be divided into three parts from Kilo
1 to 3 and from 4 to 6 and from 6 to 7 (figure 7.9 ). The first part,
(Kilo 1 to 3) was developed about a half a century ago, when the
expansion of the city was exerting pressure and development was
taking place across the city walls. It is characterized by a grid-iron
street pattern with detached buildings occupying sizeable tracts of
land, mixed with low rise villas, a part of this area, between the old
airport and Makkah Road, is occupied by traditional developments with
winding, narrow streets (figure 7.10). The second part, (Kilo 4 to 6)
started developing in the early1970's. Initially the Al-Thaqer model
school was developed, followed by high income palaces and villas in
a grid-iron street pattern; plot sizes ranged from 20x25 meters to
50x50, meters to 100x100 meters. Until the early 1970s the area
was dominated by single family residential units with apartment
buildings and retail activities on the ground floor along the two sides
of Makkah Road. Until 1970, Jeddah municipality had little authority
in the third part, Kilo 6 to 7, (considered at that time out of the
Municipality jurisidiction). Gross residential density is generally
high, with a concentration of low income groups occupying traditional
houses built originally in the form of squatter developments without
any planning considerations or building permits. However, this is a
small part of the total area of Makkah road. Thus a detailed analysis
of this kind of development can be seen when we deal with the south
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Makkah Road Area
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' Pattarn Street;_ esidential useylixed of lla typs2d4igh Rise Apt.
with scatered Whorehouse
262
zone of the city, since the overall characteristic of the site is
similar to this area.
Since the 1960s. the first and second part of the zone had been
experiencing the same influences. As a result of the economic
Improvements in the late 1960s and the great economic boom in the
early 1970s, the area experienced, along with the rest of the city a
tremendous growth in population density.
For a detailed analysis of the Makkah Road area we chose the area on
both sides of Makkah Road between Kilo 2 and 3. The criteria for
selection were based on data availability; and previous surveys
undertaken by consultants, for Action Area Plans covering detailed
land use and building conditions.
The 1972 survey shows that the land use pattern was dominanted by
residential uses - 27.7% with 0.5% being commercial activities,
located along the arterial roads. It was characterized by extensive
villa (low density housing) developments. Traditional houses and
shanties are few, concentrated on the northern and northwestern
edge. Community facilities, with the exception of health facilities,
are fairly extensive, concentrated in the centre of the area.
Industrial and commercial establishments have concentrated along
Makkah Road and southeast of the old airport street (Table 7.3).
The 1973 Master Plan zoned the area into high to medium income use,
with commercial activities along Makkah Road; with building heights
ranging from 2 to 5 stories (specific to the type of building). In
general, the proposals conformed with the existing conditions.
TABLE : 5.3
Makkah Road Area Existing Land_use (Percetag)
Land Use 1972 1978 1980
Residintial 27.7 60 65 Commercial 0.5 2.1 2.6 Government 1.9 2.1 2.1 Community Fasil. 1.2 1.4 1.4 Open Space _ 1.0 1.0 Road&Parking 9.2 17.6 17.6 Vacant 59 15.6 9.3 Total 100 100 100
Source : Action Area Plan, Report No. 12, 1982
263
However, as we mentioned before, due to the oil related urbanization,
the general density changed, with offices taking over residential
apartments. Industrial and commercial activities brought extensive
storage areas along the western side of Makkah Road. The increased
population density was accommodated in high rise apartment
buildings, scattered among the one and two storey villa blocks,
violating the privacy of the already developed area. One factor
leading to the increase in population in this part of the city was the
fairly extensive provision of community facilities and public utilities
available.
The 1978 survey of the area, as part of the general work for preparing
the MOP, stated that : there is an extensive road system, as a result
of the iron-grid system, particularly along the Makkah Road area,
which encouraged through traffic to filter through residential areas.
However, there are some traditional areas, developed in the early
1950s, where streets are generally winding and lack an organized
hierarchy. The traditionally built up areas are now the scene of
deterioration and neglect. Most of the older buildings are in poor
condition and some structures are hazardous for human habitation. It
Is also worth mentioning that most of the orginal residents of this
area have moved out to better areas leaving their houses, which have
become located in a very high density area and as a result become
hazardous due to the fast moving traffic. The houses, however, were
later rented for office use. The survey also included that there is an
increasing trend of vertical development along Makkah Road, which is
resulting in traffic congestion and parking problems. However, there
are open pockets available within the area which could be used for
locating new public facilities.
264
The MDP proposed several objectives to provide an outline for future
development of the area, (keeping in mind that the MN did not
propose any changes in land use):
- "to enable every household to have a decent, safe and
sanitary dwelling consistent with indigenous family
traditions.
- to improve the existing housing areas and individual
properties wherever possible.
- to provide the balanced road network and limit the
excessive street openings to Makkah Road.
to provide off-street parking facilities in denselg
built-up, traditional residential areas.
to improve the environmental quality of the area by
limiting excessive floor space usage, by landscaping
and the provision of open spaces.
- to discourage the uses which are injurious to the
environmental quality of the area and relocate the
existing non-conforming uses.0
The proposed Action Area Plan was approved in 1980 and was adopted
for implementation.
Information and data of the existing conditions was collected from
the SJI survey in 1982 in the area, and from personal interviews and
observations in 1984. The analysis of the existing conditions showed
the following:
- Land Use: Extensive incompatible land uses which should have been
located on sites outside the area; despite the sixth objective for the
area which recommended discouragement of uses which are
265
incompatible with the land use zone of the area. The use of existing
residential structure for offices continued, as well as the
construction of buildings which later were subject to unpermitted
changes of use (e.g. warehouses instead of commercial activities.)
- Building Characteristics: As Table 7.4 shows, the general condition
constitutes its deterioration to unsuitable uses and because the
orginal high to middle income residents evacuated to a better location
in the north part of the city. We mentioned before that the area
during the sixties and until the early 1970s was dominated by high
income residents and low density, with fairly good availability of
services and facilities. These conditions attracted development
(over-development) to the area as a quick solution to accommodate
the increasing population. These activities took two forms; one by
building high rise apartments in vacant plots, adjacent the built-up
area by villas; the second form was by converting single family units
to multi-family either by increasing the height of the building or by
interior work (table 7.5).
- Community Facilities: From what we mentioned previoulsy, it
became clear that as a result of the high increases in the population
density of the area, it became necessary to construct more
community facilities. The DMP stated that in 1970 most of the
existing facilities are not conveniently located. Table 7.6 shows the
proposed facilities for the area.
However, the 1982 survey shows that only 40 percent of the proposed
religious activities were implemented and only 70 percent of the
educational facilities. Where none of the proposed open spaces,
TABLE :5.4
Makkah Road Area Distribution Of Dwelling By External Condition (Persintag Of Total Dwelling)
Year
Good Fair Poor Total
1972 33 39 28 100
1978 41 40 19 100 1980 38 40 22 100
TABLE : 5.5
Makkah Road Area Distribution Of Dwelling By Type (Persintag Of Total Dwelling)
Year
Villa Appart. Tradition Total
1972 29.1 12.3 58.6 100
1978 30.5 34.76 34.74 100
1980 246 42.71 32.69 100
Source: Action Area Plan Report No. 12,1982
TABLE : 5.6
Propose And Existing Community Fasilities In Makkah.
Road Area
Fasilities Proposed Implemented
Local Mosque 9 4
Friday Mosque 5 3
Elementary School 11 3
Intermediat School 6 5
Kindergarden 3 _
Open Spase 20,724 m.sq. _
Health Centere 1 1
Library 1 _
Community Centre 1 —
266
community centers and librarys were implemented. The proposed
development program for this area assumed that the community
facilities would be provided on the existing vacant plots, by reserving
them for future development. The programme, in 1979, also assumed
certain land values for these facilities range from SR 700 to 1200
per square meter. While, the existing land value in the market in
1975 were ranging from SR 500 to 1000 and by 1982 they ranged
from SR 1500 to 5000 (figure 7.11). Given the prices and that most
of the vacant land in 1978 was developed by 1982 more than 70% of
the recommended facilities failed to be implemented.
- Urban Form: As we mentioned before, topographically the sites are
generally flat with grid-iron street patterns. The introduction of high
rise buildings scattered throughhout the area and the application of
set-back regulations have worked together to jeopardise the privacy
of the residents in low rise buildings (villas) . Privacy, is one of the
main principles of the Saudi culture. Therefore, the residents in the
villa type housing have resorted to their own methods of achieving
privacy. In some cases by increasing the height of the garden wall
to over three meters or using corrugated iron as screening.
Previously, we explained the mosque's function and its importance in
Moslem life. As Xavier de Planhol had pointed out, "It is a city
religion. Originally the city was simply the place of the great Friday
Mosque. The mosque is central to the everyday lives of the
inhabitants of Jeddah, it is for Moslems not only a place of
prostration, but also the center of many social activities". Yet,
overall the location of mosques tends to be poor either on a street
Figure 7.11: Land Prices 1975,1902 I.,
n1982 C
61. .... ..... 1.- s N.—
267
corner or on the ground floor of a building or at one of the minor roads
In a state of negligence.
In Summary, Makkah Road development began, mainly, as low density
residential development in the late 1950s, and remained the same
until the early part of the 1970s. During that period the area
developed accordingly, in most parts, to grid-iron pattern with villa
type residential buildings, with no sign of commercial activities,
except along the two sides of Makkah Road. The availability of
community facilities and other services promoted more of a high
Income and middle income residential development to the area.
However, the area skill had considerable amounts of vacant land. This
vacant land, together with availability of community facilities and
public utilities made the area one of the firstto be affected by the
unpredicted high growth of 1974 and onwards. Since 1974 the area
witnessed a wave of apartment buildings, as well as a new activity,
i.e converting single-family units to mulit-family units. This process
of over-urbanization took place until 1980 when the municipality
succeeded in preventing the illegal conversion process, but the
process of building apartment buildings within the areas that were
already developed as single-family units, continued. Also, it failed to
regulate the type of use according to the 1978 Action Plan of the
area. All this produsedhigher densities than planned and consequently
resulted in shortages in community facilities as well as utilities.
Finally, the municipality failed to implement the proposed facilities
In terms of numbers and locations.
Central Area: This area consists of four identifiable "planning zones".
Zone one contained the central business district, shops on the ground
268
with offices and residential use above, parking facilities, some old
traditional housing, mixed uses toward the water front (car parking,
fish market, port office, and governmental departments). Zone two,
contained the residential uses and a concentration of commercial
activities. Zone three, Bab Makkah, a high density residential and
commercial area with ground-floor shops interspersed with low-rise
housing. Zone four, the water front, contained the Hajj Reception
Center, warehouses, low-density to the south and wasted land (figure
7.12).
This area contained the historical hub of Jeddah. For centuries this
area functioned as the commercial and business center (CUD) for the
entire city. As we see in Figure 7.13, the area has highly mixed uses.
Until the mid 1960s the area was dominated by traditional houses
(about 70% of the total area) with shops on the ground floor
sometimes. The rest of the land was utilizied by the suq and bazaars
and other commercial uses. Since then until 1979, the area witnessed
an increase in commercial uses and high rise apartment buildings,
especially after the construction of King Fasial Street in 1965.21
In 1973 the Master Plan started a successful conservation programme
which led to strict development controls imposed on about 30
buildings of exceptional merit. Also, a comprehensive redevelopment
programme to preserve the characteristics of the city. The
Municipality was extremely successful in its efforts to preserve the
historcal core. The water front preservation and the construction of
the "corniche", a comprehensive development, containing high speed
road and wide pedestrian walk ways on both sides, with various kinds
of recreational activities, shade and other landscape utilities. Some
Figure 7.12: Central Area
111
e!
111"14‘SWW.
ro its,a alot
%ask
rise apt.buildings, mixed uses of resid.and offocies
The CBD,high land prioes&rent incorrage activities outside, lacks parking,
The Historical Hub (Cceservaition)
Bab Makkahrone,high dinsity residentialand cornmercial,kr -rise attashed houses.
Hajj Reception Center, warehous, wasted land,
Figure 7.13 : Land Prices In The Central AreaSR
32000
28000
24000
20000
16000
14000
12000
8000
4000
1000
Year
1955
1960
1965
1970
1975
1980
Source : (a) Real Estate Interviews, Field survey in 1983
(b) Jeddah Masrer Plan, 1973 (c) Jecklah Master Nerective Plane, 1978
269
areas sit directly on the water front, statues have been erected along
the way and man-made bridges all combine to give the site a beautiful
image and have made out of the area a national tourist attraction.
As a result of the 1974 oil price increase and the generally high rate
of urbanization. The demand for offices and retail activities
generated a great demand on existing commercial and residential
spaces in the CBD. However, the high rate of growth generated during
1974 to 1980 was much faster than the construction of streets,
building, and car parking areas could accommodate. Thus the
phenomenal growth has led to a shifting of most of the retail
business and office activities out of the CBD to the suburbs (see
section The Impact of Urbanization on Land-Use ).
Generally, land-use infraction might be expected In an older, more
stable area of the city where land-use patterns are long estatittsted,
the number of land-use infraction are fewer than in the outlying,
more recently established areas. The land-use proposals
recommended retaining existing uses and movement patterns The
area generally reflects the MP and MOP recommendation.
The collector road along the sea coast has been completed as has King
Faisal Street . No purpose built parking exists yet All parking at
peak periods, including parking in large open spaces, is handled in a
haphazard manner. New offices have not provided space for meeting
parking needs and will have to rely on parking supplied by others In
the future The Plan proposal anticipated providing public parking
only for commercial use (shops)22
270
A major pedestrian facility, the King Faisal Street underpass, has
been completed. King Abdul Aziz Street has not get been closed to
vehicular traffic. Pedestrian arcades have been constructed along
King Faisal Street where new office and residential buildings have
been built. They have a forlorn appearance as they incorporate no
major pedestrian route and are uncoordinated from building to
building. Improvements have been made along pedestrian routes long
established but no new pedestrian route extensions have been
developed. The main Suq areas have been covered with plastic vaults
and domes. Offices have been built in the zone to the south of central
business district as intended, and new hotels and apartments are
being constructed to the north.
Community Facilities: The MOP recommended a total 29.94 hectares
for schools (5%), 9.17 hectares local centers and 2.79 hectares
mosques and 42.47 hectares open spaces. The actual total
implemented area for community facilities was about 30% of what
had been recommended; with higher proportions in open spaces (about
89%) have not been implemented. The major factor, as we will see
later, is land value (Figure 7.14).
In summary:
- The rate of land-use change in the area is slower than
elsewhere in Jeddah.
- Land-use controls have been respected, put parking
regulations have not.
- Utility servicing is well advanced.
- A great shortage in community facilities.
- Urban forms are, relatively, in accordance with cultural and
271
social habits (the suq, bazaar, etc...).
Medina Road Area ., Three identifiable zones in the Medina Road area
were identified as: one to the west of Medina Road, one to the east
and one which was originally a resettlement area further to the east
(figure 7.15).
The first zone, to the west, is one of the oldest developed parts in the
Medina Road area. This section was initally developed as an
Independent fishing village which had merged in the metropolitian
area as a result of urban conglomeration, the western part of this
zone is characterized by a low rise and lightly-knitted organic
pattern of development. The bulk of recent hiV)-rise tevelopment
along Medina Road and Hail Street has altered the urban form of the
area.
The consultant in 1978 stated that - the available physical fabric in
Al-Ruwais section does not correspond to the urban requirement.
Narrow and winding streets, with dilapidated housing conditions,
represent traditional development. Heavy and through traffic on Hail
Road has also been a cause of major hazards in the area. Traffic
congestion on this road causes infiltration of vehicles into
residential streets".23
The eastern part of this area developed into residential areas
following grid-iron street patterns and remained until the mid 1970s
as a low-denstiy high income residential area. The Medina Road strip
is predominantly commercial with commercial and public affairs,
hotels, embassies and apartment buildings.
Figure 7.14: Medina Road Area
Orid-iron street patterns,low density high incom resid, some have converted to off .uses.
Along Madina Road Conwnercial ,hotels,embasies,and apartments.
New Subdivisions , grid pat ,mixed residential.
Alt trogt44$0,4 ""4142V+444VA4
teik ""Oftitals#104%.sis
'
III Aritkittik4- 4A;gokomw
Un-plannmed low rise develor of residential building with scatered light indus.
Organic pattern of development ;low rise mixed us* and high ,narrow and winding street,
Grid-ion development of high resid.,coverting to office uses...,
High rise apartments of pupil° housing (the Rash Project) An exmnple of locational and design proplems ,also proplems of lack of co-ordination between local goy.
272
The area since 1975, experienced the construction of increasing
numbers of high rise residential buildings which later were converted
to office use. This created cultural problems. The consultant in
Report No. 5 mentioned that "the street network which obstructs
smooth circulation, together with the use of residential buildings for
commercial and office uses has caused undue pressure on the
available parking facilities and circulation system. The absence of
any hierarcy within the road network is another short coming". 24 Both
sides of the Medina Road are characterized by a great lack of
community facilities, open spaces and mosques.
The SJI proposed in 1978 offered several objectives:
- To extend the opportunity to every household to have
a decent, safe and sanitary dwelling consistent with
Indigenous family traditions.
- To improve the existing housing areas and individual
properties.
- To develop a hierarchical form of road structure with
improved accessibility and efficient circulation.
- To provide a balanced road network and to limit the
access to Medina Road to facilitate the free movement
of through traffic.
- To develop storage facilities for vehicles by on-street
and off-street parking.
- To reduce the detrimental effects of hazardous traffic
passing through the area.
- To improve the environmental quality of the area by
limiting excessive floor space usage, by landscaping
273
and the provision of open spaces.
- To achieve the above objectives with minimal social
upheaval and minimal burden on the exchequer.
- To develop a system of pedestrian accessways linking
principal land uses in the area i.e. mosques, school,
district/local centers.25
These objectives resulted in various changes in land-use; reducing the
residential use by 5.9%, increasing the commercial uses by 4.5%,
industrial areas to be elevated and community facilities to be
increased by 5.4%. The increase in community facilities based on the
existing vacant land, 14% of the total area.
The field survey and the SJI Report No. 8 in 1982 shows that the
recommended reduction in the residential area has taken place as a
result of the pressure on the land for competitive uses. The
commercial use is the major invader which is predominant on the two
sides of Medina Road. However, the increase in office space resulted
from converting existing residential buildings into office uses
besides the new office development.26
The proposed community facilities have not been implemented
completely. Educational facilities have been provided, in some cases
by renting residential buildings and converting them to schools.
Where in other cases the location is not according to standard. Ten
local mosques have been proposed, only seven of them actually
implemented; three Friday mosques were recommended, only one was
Implemented. In general, open spaces, other facilities e.g. police/fire
stations, have not been fully implemented (table 7.7).
7
1
1
2
1
-
-
TABLE :5.7
Propose And Implemented Community Fasi1ities,1978
Fasility Propose
Local Mosque 10
Friday Mosque 3
elementary School 4
Intermediat School 4
Health Center 2
Open Space 18,000 m.sq.
Other 5
Implemented
TABLE :5.8 . Existing And Propose Land Uses (in percenteg)
Land Use Propose Land Use In 1978
Residintion 59.0
Existing Condition In 19/2
59.2
Existing Condition In 1978
68.3
Existing Cndition In 1980
58.0
Cmmercial 2.9 (mixed)
0.2 1.9 7.5
ComItRes.
Government _ 2.0 0.6 0.1
Community 6.6 4.0 5.1 5.7
Fasilities
Open Space 3.7 2.5 2.5 2.5
Road&Paking27.1 13.0 17 25.6
Indastrial 0.7 2.0 0.9 0.4
Vacant 17.1 3.7 2.2_
Total 100 100 100 100
Source : Action Area Plan, Report No.12, 1982
274
For correcting roads and parking problems the proposal recommended
land acquisition and restrictive controls on "set-back - regulation.
This policies failed to be implemented.
The remaining parts of the Medina Road Area, in general, to the east
of Medina Road have distigushing characteristics. The area between
Medina Road and Khalid Ibn Walid is the first area, in Jeddah, laid out
in a grid-iron pattern. In 1962 the area had been subdivided,
establishing the pattern of plots and roads. Two percent of the land
was committed to apartments along Medina Road; with the rest
developed as high income housing in plots of 50x50 meters. Until
1973 no district centers fell within the action area; and school
facilities as well as open spaces where inadequate. Along with other
parts of the city, this area was exposed to a lot of changes:
Apartment buildings have been built on the vacant land in the area,
causing many of the high income villa residents to move out. This
activity resulted from the zoning of the area for 2 to 6 storey
buildings and not specifying their permitted uses. Part of these
buildings have been taken for office use, but without the necessary
parking facilities. This extensive floor area coverage for commercial
and office uses have caused undue pressure on the available parking
facilities and circulation system. The absence of any hierarchy
within the road network and excessive amount of roadspace obstructs
smooth circulation, rather than easing out the traffic problem.
In summary:
- The encroachment of apartments, on land designated
for villas, affected planned population densities.
275
- Significant land-use infractions have occured especially
in the conversion of residences into offices.
- Road hierarchies have not been clearly established.
- The particularly difficult problem of how to relate
roadways to buildings and the parking needs they
generate has been largely ignored in that insufficient
land has been set aside (and totally overlooked from
the aesthetic point of view).
- The mixing of land-uses responds to pressures other
than those created by the action area plans.
- There is a complete ignorance concerning cultural
Issues e.g. privacy, mosques, locations...
The Southern Area; This area includes four planning zones according
to the DMP (Al-Sabeal, Gholeal, Al-Mena, and the industrial estate).
The area is characterized by low income squatters and large numbers
of immigrant workers. This area is the most deprived and dilapidated
area in Jeddah, with the least amount of public attention (figure
7.16).
The 1973 Master Plan ignored the area in terms of comprehensive
planning (Action Area Plan) and the only concern was the third ring
road which was planned to pass by the middle of the Al-Sabil quarter
as well as the Mena-Makkah highway connection. These two major
constructions required a large amount of land to be acquired as well
as rehousing for those who were affected by the projects. Besides
this, the area did not attract any actual public improvements until
1978.
Figure :715 The South Area
Low-incom,Mixid uses ,most development un-planned, winding narrow street pattern ,most of the area Iasi( puplic services,commun
The city INdustrial Pat
italt .7 , IVIII
.ti'tZ ..;,t-7 44-1140. likig-loaez,...
-4/4itetaillik: ‘-.4..--414110
,* -,..g....'"=. •;4-- 41.04000110.11111b
ilic ioa. .,
276
One of the tasks of the Master Directive Plan is to prepare detailed
plans, and implement programmes and projects for specific areas
within the framework of the Execution Plans. For this purpose the
DMP established criteria for selection of specific areas; such as:
- lack of community facilities,
- lack of sewer and water utilities,
- distance, from central area,
- congestion and housing conditions.
Thus, the area had been subject to intense planning activity. By 1980
the consultant prepared an Action Area Plan for some parts of the
area.
We selected one of these areas to look at in detail. The area located
between kilometer 6 and 7 of Makkah Rod, is one of the areas that
have mushroomed as a result of development pressure experienced
recently. The low rise development with small plot sizes and narrow,
winding streets, characterises this area. The extensive traditional
housing forms a dormitory quarter for the surrounding industrial
areas. Building conditions are generally poor, though most of the
structures are recently built. Gross residential density is generally
high with a concentration of the low income group.
The MDP stated that, the area is probably one of the most deprived
areas. In this area the residents suffer inconvenience, health hazards
and discomfort due to both high density and a corresponding lack of
facilities.27 The community facilities, like schools, clinics and open
spaces, etc., either do not exist or are inadequate . Public utilities
have yet to be extended to serve individual households. The area also
lacks accessibility due to the narrowness of existing streets, which
277
causes congestion. The availability of vacant land in 1978 provided
the opportunity to propose new facilities and to improve the
alignment or widen streets.
The above conditions led to the following major objectives.
- to enable every household to have a decent, safe and
sanitary dwelling consistent with indigenous family
traditions.
- to improve where practicable existing housing areas
and individual properties.
- to develop a hierarchical form of road structure with
Improved accessibility and efficient circulation.
- to develop storage facilities for the vehicles while not
in movement i.e. on street and off street parking.
- to improve the environmental quality of the area by
landscaping and provision of open spaces.n
Table 7.8 shows 1980 conditions and proposed land-uses. It shows
reductions in residential land by over 9 hectares, due to the provision
of community facilities and widening of roads and streets. The plan
proposed several mosques and schools as well as open spaces and
other facilities.
The development concept was based on two main principles: to
Implement the objectives without distortion of the existing
structure; and minimize social upheaval. The policies outlined
hereafter, adopted to implementing the prepared redevelopment
programme.29
278
To develop a hierarchical form of road structure with improved
accessibility and effective circulation, the existing road system has
to be upgraded and improved. This process involves widening of some
streets which would inevitably disturb some properties. The
widening of streets, through the established practice of the
Municipality asking the individual developers when applying for
planning permission to provide setback for widening the streets, is
considered to be a time consuming method for widening and
establishing the basic circulation system. The acquistion of the
affected properties by the Municipality is considered the only
available alternative to widen these streets.
Most of the recommended programmes, failed at least partially to be
Implemented and In some cases failed totally. The MDP mentioned the
great amount of dilapidated and/or below minimal standard housing.
Yet, the Action Area Plan did not propose any housing policies beyond
the general statement that 'sixty percent of the housing stock in the
area were below the perrnissable standards'. It is worth mentioning
that the housing programmes are the responsibility of the Ministry of
Housing and Public Works.
In summary, the area is suffering from poor school facilities, mostly
in terms of location and size standards. Other community facilities
have experienced the same shortage, especially open spaces. The
availability of utilities are still much behind the rest of the city. The
only recognized success Is in road pavements and road widening.
The Northern Area; The 1973 Master Plan is basically a land-use plan,
establishing the arrangement of uses throughout the city. These land-
279
use proposals were arrived at, on the basis of projected population
levels within the metropolitan area. Thus, the population and its
distribution, constitutes a key element in the Plan, and its
components: housing, jobs, commercial and community facilities,
utilities, etc., are dependant on it.
With regard to distribution, the 1973 plan initially tested three
objectives. Option 1, envisaged the low population level (800,000 by
1981) being located around the city with the old airport remaining
operational until 1991. Option 2, assumed a similar 1991 population,
but with the new airport operational and with a significant proportion
of the high estimate living near the airport. Option 3, was based on
the high estimate of 1,650,000. It constituted an extension of Option
2, the new airport and a substantial new northern residential area,
forming what was termed as "Northern Jeddah" and accommodating
460,000 (approximately 30% of the total population).
When the decision to build the new northern airport was made, RMJM
was then able to select a preferred option. Thus, Option 2, was taken
as the basis on which the Master Plan was developed. In essence,
RMJM postulated a future Jeddah in which the main features were
consolidated within the confines of the northern and southern storm-
water ditches, and the development of a satellite community towards
the north, near the new airport (figure 7.17).
Until 1972, development in Northern Jeddah was confined to squatter
development, of low income housing mixed with car workshops, in the
southeast of the area (8ani Malik), and several high income private
chalets to the west. Also, along Medina Road, some industrial plants
Figure 7„17 : Northern Area
L
Aparirnent oonstruction has been prolific in all areas- with aparlmer developments scattered all over th area single farmly detach houses lost eider privacy ....— Roads ,buitt form „lack all kind of of enviromental concedration.
c
C
280
(Pepsi-Cola, several factories, car assemblies). The main reason that
the northern part was allocated for expansion, is that land in that
area was publicly owned and vacant, as well as being relatively close
to the city centre, from what was available at Makkah Road area.
The area contained four planning zones: the new airport, Kubbat
Ashara, Bani Malik, and Sharm Obhour.
Most of the vacant land in 1971 was publicly owned and based on this
fact Northern Jeddah was seen as the most feasible direction for
growth (figure 7.18 ). In 1974, about a 3 km square was subdivided
Into a 50x50 and a 25x25 meter plots and granted for indl yidua3 IJSE
(see land teneure), as well as the northern part of Bani Malik, which
has been privately owned and was granted subdivision approval. Some
how the rest of the area was granted to individuals in large estates
(up to 1 sq. mile) (see land tenure). This process has put an end to one
of the main elements, supporting the northern expansion strategy, as
we will see later.
In 1975, the part east of Medina Road and south to the storm-water
ditch, was the subject of action plan activities. The following is a
description and analysis of this area, based on the evaluation of SJI,
as part of the DMP work in 1978.
The Jeddah North action area plan contained 640 hectares and was
planned to provide housing for 46,000 persons and jobs for about
7,000 persons. The site was sharply delineated - to the north by the
storm-water ditch and to the east by Medina Road. Twenty percent of
the land was developed as housing, and 75 percent was vacant; 70% of
Figure 7.10: Ownership Pattern
281
the action area, were committed subdivisions and road networks were
connected. The exception was in the eastern section.
The primary concern in the action area plans was "to
incorporate...principles of layout and form which will provide the
most climatically comfortable environment". The proposal focused
first on residential development, and then on local road networks,
footpaths and auxiliary facilities.30
By 1983 40% of the Action Area had been developed. The major
primary road network is completed, with the exception of the road
along the southern boundary, all district collector roads have been
built with relation to local or district centres. No industry has been
established in the area designated as an industrial park, to the south
of the storm-water ditch. A hospital is under construction near, but
not on the designated site, in the northwest part of the area. Ten of
the 24 schools have been constructed. Construction of new mosques
is limited; 30 was the figure planned; seven is the number that
actually exists.
More land was allocated to the development of apartments, than in the
earlier action areas - about 16% percent of the gross land area.
Nearly twice that amount is already developed as apartments. Half of
the net developed residential land area is in apartments, which
indicates that, excluding informal, ad hoc developments far more than
half the dwelling units existing in the area are apartments. Twenty
percent of the dwelling units were designated as apartments in the
planning proposal. The 35% plot coverage requirement is seldom
respected; parking at one car per apartment is generally not provided;
282
but front, side and rear yard requirements are invariably respected.
Two to three storeys is the typical height for apartments although
some five to seven storey apartment buildings are under construction.
The net residential density range proposed 16 to 500 persons per
hectare - indicating that a broad variety of housing types would be
constructed. Larger apartment buildings were to be constructed near
major open spaces with good access off collector roads. The proposed
consolidation of apartments would act to identify neighborhood
centres and provide animation to the area through the variation in
building heights. The present pattern of apartment development is
scattered, unconsolidated, and not identified with local centers (see
figure 7.19).
Twenty-five percent of the industrial park planned south of the
storm-water ditch has been acquired by a hospital, apartments,
informal ad hoc developments and mixed commercial use along the
northern east-west road. Isolated by a major storm-water ditch, the
land-use encroachments are less appropriate than the planned
industrial use. There is some scattered industry throughout the area,
generally on land designated residential.
Piped water is generally available in the southwest section of the
action area and in the Bani Malek village; elsewhere, water is
supplied by tanker. Where new development has occured electricity is
available; additional work is required as work proceeds in both the ad
hoc, informally developing areas and in the substantially developed
areas. Sewerage facilities are not to be provided until 1965; sewage
disposal is by cesspool. Storm drains have not been constructed but
The conflict of use-Apartment ,Villa,Offices...
1
t
283
plans exist for future work. Undeveloped sites are used for refuse
disposal. The telephone is available only in the southwest section and
Bani Malek. Street lighting exists on major streets only.
In summary: In general, as a result of transforming land from public
ownership to private ownership, the local authority lost the
opportunity to develop the area, in regards to the plan, especially
since the existing policies do not contain instruments for phasing
growth. Specifically:
- Major roads are established in close approximation
to the Plan; local roads and pedestrian networks are
undeveloped.
- School construction has proceeded in advance in the
southern area, where in the north and west (low density
urban sprawl characterizes the area) has not yet, been
provided.
- Apartment construction has been prolific in all areas,
with no attempt having been made at consolidation
around local centers or open spaces.
- Nothing has been built with respect to local or district
centers.
- The concept of an industrial park, to the north has not
been established.
- Additional work is required to provide complete public
utilities.
- With apartment developments scattered all over the
area, and the regulation of set-backs and building lines,
single family detached houses lost their privacy,
284
- The absence of district and local centres, result in
locational problems for the existing mosques, as well
as for the construction of newer ones.
- As a result of land speculation, about 60% of the total arlea
remains undeveloped, seeking higher prices, the strategy
for the northern area to absorb most of the land demand,
has failed.
- Road patterns and building form does not conform with
environmental conditions.
The area west of Medina Road as well as the northern area east and
west of the road, experienced the worst of urban sprawl. The area
north of Al-Hambara palace, contained more than 70% vacant land,
where the area north of the ditch contained more than 85% vacant
land. This uncontrolled growth, could not be provided with the
necessary facilities due to the extremely low density . Most of the
area in this part of the city was, originally, obtained by grants. To
understand in more detail the nature and the pattern of development
and how it has been developed, we select an area north of the storm-
water ditch and west of Medina Road. The area covers approximately
one mile square. Most of the data and information about this area was
obtained through a personal field survey carried out in 1983. The
survey attempted to obtain data and information about the area in
terms of :
- Land value evolution.
- Zoning regulation and Building types.
- Socio-economic data.
- Land development process.
Table 5.9 : Land Use in Madina
Type Of Use
Area in 1-ivc.t., es 9g
Residential 1105 30
Residential &Commercial 181 5
Commercial 7 0.5
Industrial 14 1
Agricultural 600 16
Vacant 690 18.5
Streets 1,053 29
Total
3,650 100
Source: GACDAR Technical Report No. 8
285
The area subdivisions were approved in 1969 and 1971, and the whole
area put on the market by1971. How the original owners of
subdivisions obtained the land, could not be ascertained, but the land
became available in the market originally (before being sold and
subdivided and then obtained a subdivision approval) by a grant from
the King to a dignitary citizen. The following is a summary of the
conditions that existed in 1983: The area was well served by paved
grid pattern streets and side parking, with no hazardous traffic
congestion. All buildings are in new and in good condition, 93% of the
built-up areas are residential and the rest are a mixture of
commercial and community facilities.
As we mentioned before, Northern Jeddah was looked at as the area
which would accommodate Jeddah's expansion, (which has resulted
from opening up the existing city). The Mayor of Jeddah in an
interview in 1983 stated that in 1974 when we were looking for a
strategey to expand and accommodate the affected residents and
commercial activities from opening up the city for wider roads and
other facilities; the only alternative was to expand to the north,
because the south and the east were already developed and it will
take time to redevelop and up-grade it to accommodate the
anticipated need. Thus, we looked at the north for Newer Jeddah"3f.
Hence by 1974 most of the eastern area was subdivided by the
municipality into 50x50 and 25x25 meter plots and granted to Saudis
who applied for a grant to build his/her house (see Section 6.2.2 ).
The area to the west of Medina Road and the area to the east, north of
the storm-water ditch was granted in large tracts to dignatory's and
princesses (mile sections and over) and were later sold to investors.
286
The survey area is one of the areas which followed the above process.
The survey showed that 80% of the built-up area was sold 2 times
before being developed, 14% was sold three times and 6% was sold
four and five times. Those transactions took place over a period of
ten years which indicated the scale of speculation in the land market.
The most noticeable element is the price of the plots, which started
around SR 13,000 in 1972 and reached SR 400,000 in 1983. A
detailed anaylsis of land market is in Section 6.5 . What we are
concerned with here is the physical conditions of the area.
Though, the area has been scheduled for the third phase in the MP,
which was designed to start in 1980, development started in 1975.
This meant that all development that took place before 1980 would
not be provided with services and utilities until 1980.
Thirty-five percent stated that they need their car to reach the
nearest mosque and 82% needed transportation to reach a Friday
mosque; while 13% stated that they didn't even have a Friday mosque
near. Schools in the area are out of the walking distance and low in
number. The area has not been served by sewer lines or water, until
today. The total of open space in the area is 50,000 square meters,
divided into four different sites, and is much below the standard.
The MDP mentioned the importance of cultural compatibility in
physical patterns, yet an the newer areas lack such elements.
According to the survey, 84% of the single family detached houses,
lack the basic element of privacy. Also, the scattered 3 to 4 storey
apartment buildings resulted in overlooking, despite the design
287
concept, which intended to create a major open space surrounded by
multi-storey buildings in which the neighborhood centre and local
stores should be located.
While the municipality has been very successful in preventing
industrial activities in the new area as well as implementing the
hierarchial distribution of retail areas, it failed in stopping the
practice of converting residential houses into office uses. Seventeen
percent of the residential units were converted into offices and about
1.5% of villas were converted into showrooms and warehouses.
In summary, the existing conditions of the area are as follows:
- The areas development did not follow the phasing
schedule of the MOP.
- Road and development patterns lack any environmental
consideration.
- Though the MDP recommended a neighbourhood structure
and a hierarchy, all development in the area fails to
meet the recommendations.
- Most of the area is still vacant despite the great demand
for land (80% vacant).
- The area lacks cultural compatibility (privacy, mosques).
- Lack of community facilities.
- Lack of enviromental consideration, in general.
7.2.7 Evaluation and Conclusion
From the previous analysis and by testing the finding against the
established criteria of Chapter Four, I have concluded the following.
288
The existing pattern failed to represent the plans (MDP) objectives.
The failure can be observed through: (1) the failure in implementing
community facilities and public utilities; (2) developments are taking
place outside the phasing boundaries; (3) failure in segregating "bad
neighbours" and in promoting safer communities; and (4) creating an
unbalanced pattern of social classes.
In terms of the cultural criteria, the existing pattern represents a
total failure in creating an urban form and pattern of which the
mosque represents the focal point of the community. The higher
standard of facilities, road, utilities and general local government
attention to the North are such a contrast to the poor South. The
building height, clustering and land-use create a living space, lacking
In any consideration to individual privacy. In general, the city
represents no resemblance to what Islamic-Arabic cities should be.
The environmental criteria is the one that has suffered the most.
Jeddah, as of 1983, represents a modern city designed to function
environmentally comfortably by artificial means, e.g. the car, air
conditioning, etc. The low density and scattered dispersed pattern
opened the city to undesirable climatic conditions, e.g. heat, dust, and
sand. The city form has been heavily influenced by cars and traffic,
forgetting the climatic elements and hooled to a lack of shaded
pedestrian routes, traditional compact patterns where buildings are
huddled together so that they not only shade each other but also
considerably reduce the exposed open spaces around them. Building
heights have risen in a manner that create an obstical for favourable
winds to reach lower buildings. The villa type of housing creates a
289
pattern lacking any consideration for micro-climate. The grid-iron
road patterns characterize most of the citys streets, depriving the
Inhabitants from the more climatically suitable organic patterns. Not
only that, but also roads have been constructed without taking into
account the wind directions.
Thus , eight identified problems can be conclude:
Firstly, urban sprawl is characterized by:
- Lack or inadequate public services; because of the
unjustified density (northern Jeddah).
- Unregulated growth of poor quality subdivisions in areas
where public agencies are not prepared or able to
regulate decent subdivisions, housing, building and
health centers (Makkah Road Kilo 6-7).
- Waste of land resources in bypassed areas suitable for
no economically productive use, neither for housing,
Industrial nor for public recreation (Eastern part of
Medina Road).
- Monotony, lack of community identity and inadequate
social and cultural opportunities (northern Jeddah).
Secondly, though, the authority succeeded in segregateng most of the
harmful and hazardous uses from residential areas, yet, it failed to
prevent office and commercial uses from residential buildings and
residential areas, with the exception of the city centre.
Thirdly, complete ignorance of cultural and environmental conditions.
The dominate features of this problem are: the lack of privacy, as a
290
result of heights and mixed use and various other building
regulations; and grid-iron street patterns oriented southeast and
southwest. The number and locations of mosques and the surrounding
buildings highlight the complete mis-understanding of the functions
of mosques. .
Fourthly, the city is increasingly following patterns which invoke
social class segregation, Poorer highly congested areas in the south
with a lack of facilities and deteriorated housing conditions and are
highly congested; and low to medium density relatively well served
and well keptareas in the north. This pattern contradicts with Saudi
culture and the way in which urban areas have developed historically .
Fifthly, inadequate open spaces, characterizes the whole city.
There are three types of open space problems; lack of open spaces,
Inadequate sizes for acitve recreation and/or poorly designed ( most
of the open spaces that exist are heavily planted to the extent that it
prevents any active recreation, as well as creating a great demand for
water which the city has a shortage of).
Lack of Community facilities, especially in populated areas and areas
with sufficient numbers to justifiy any kind of facilities, experience
a great shortage in public facilities (different from the one
associated with urban sprawl).
Sixthly, though there is a surplus of housing stock, the congestion and
dilapidated conditions of some areas, indicate a great shortage of
housing for low income and the surplus is only in middle and high
income groups. There are about 8,000 public housing units ready and
291
vacant ,since 1980, for low and middle income groups. However
locational problems and/or design problems in terms of cultural
considerations, have prevented their occupation.
Seventhly, the surplus in some kinds of housing and office spaces in
some areas will create a "ghost town" type of environment, due to
high levels of vacancy.
Lastly, the wide streets and their patterns, the high rise apartment
buildings, the villa type and the shortage in size, number and mis-
location of mosques, left the city with no identity , with the
exception of the historic central area.
Having identified the existing problems of urban land development in
Jeddah, it is the time to look at the problems in the context of the
Master Directive Plan (since we already argued that the 1973 MP was
overcame, in many aspects, by the DMP. However, any analysis of the
existing conditions, should coincide with the two, since the MDP had
adopted many objectives and policies from the MP. In other words the
MDP contained its own objectives, strategies and policies and
included those from the MP which were thought to be valid ).
At this stage we are focusing on the question of whether or not
existing conditions are consistent with the plan objectives and
strategies. The question of causes and whether the existing problem
resulted from the contradiction between objectives and strategies on
the one hand, and implementation and policies on the other hand, or
the existing conditions resulting from bad planning will be dealt with
in the next Chapter.
292
The 1983 Year Book shows that the population projection and other
socio-economic data on which the consultant SJI has based the MDP is
valid and only a minor error of 4.3%. This means in the context of our
analysis, that the growth in population and economy, which have
occured between 1978 and 1983 have been expected and planned for.33
From reviewing the objectives and strategies of the MOP it appears
that they are inconsistent with the National Five Year Plan and
reflect the social and cultural needs.
However, the previous analysis shows that the reasons for which the
MDP was formulated, still exists . The great shortage in community
facilities; housing for low income groups, housing to be renovated or
demolished, have not been implemented according to the Plans'
priorities (the southern areas conditions) and the Plans schedule; the
emphasis on social cohesion and well-being as part of city growth and
development by a balance of residential density and housing types to
achieve an appropiate mixed distribution of high, medium and low
income groups, the actual pattern has been increasingly
characteristised by class segregation , such as in the north and the
south of Jeddah. The Plan emphasises the importance of Islamic
cultural and social habits and the main design criteria for land-use
planning and in building regulations. Yet, as we saw in Northern
Jeddah, which should have been the easiest area in which to
implement such criteria (since it was entirely new development),
neither the neighbourhood structure nor the building forms and types
are compatible with the culture and environment of the country.
293
To sum up, although the Master Directive Plan addressed the problem
Issues ( urban sprawl, community facilities, lack of identity )
throughout the objectives of the Execution Plans and Action Area
Plans, the conditions of the existing pattern do not reflect them.
Also, it is worth mentioning that the interviews (see Appendix E ) of
municipalities as well as the review of some governmental
documents shows no evidence of a lack of financial resources.
294
7.3 URBAN GROWTH AND THE CONVERSION OF AGRICULTURAL LAND32
In the Second Chapter we discussed urbanization and its impact on
agricultural land. We concluded that if urban growth could not
satisify its need of land with its boundaries, it usually tends to
direct its growth towards agricultural land; the reason for that is
the suitability of agricultural land for urban uses. Also, urban growth
could be associated with the conversion of agricultural land when the
competent authority failed to control the land market, e.g.
speculation, land prices, encroachment, etc. In this section I will
look at the above phenomenon as its taking place in Saudi Arabia. For
this reason Medina has been taken as a case study.
7.3.1 Location And Physical Structure
Medina lies 150 km to the east of the Red Sea, at a height of 600
meters above sea level. Medina is situated in a natural basin
surrounded by arid hills, and has volcanic areas bounding the city to
the south and east. An area of agricultural land lies within this
volcanic zone passing to the heart of Medina. There is a range of
mountains bounding the city to the north and west. One of the most
Important features of Medina is the central location of Al-Haram, (the
Prophet's Holy Mosque).
The soil in most parts of Madina is good for agriculture, the major
determinant for agricultural potential is the availability of water,
295
the areas to the south and to the north of the city are rich in ground
water.
Medina's road network is characterized by a ring road system which
has been developed in recent years. This road network has greatly
influenced accessibility to different parts of the city, and operations
are currently being implemented which will help to overcome some of
the remaining traffic problems.
7.3.2 The Urban Block
This comprises the built-up area of Kedina, inc(acttag Me «avert ead
the agricultural land within this built-up area.
Table 7.9shows the amount and proportion of land in different uses in
Medina in 1977. No recent figures are available, which indicates the
weakness in updating the data and monitoring progress. However, it
should be noted that by 1995 the Municipality Consultant (GACDAR)
have forcasted that the urban block of Medina will cover an area of
9000 hectares of which 5000 hectares will be devoted to urban
growth, more than double of the area the urban block as a whole in
1977.
7.3.3 Constraints And Trends Of Urban Growth
Certain natural and physical constraints are restricting the urban
growth of the city in certain directions:
- The volcanic areas in the southeast and west of the city
are not suitable for development activities in some
296
localities, because of the steep slopes and ground condition in
which it ishard to install infrastructure.
- Uhod Mountain is about 4 km to the northeast of Medina
and it is a historical site protected from development.
Other mountains are far from the city and they are
bounding the city from the north and west.
The existing agricultural land in the southeast and the
north, northeast and the west are supposed to be
protected from development as the policies of the
municipality indicate (will be discussed in a later
chapter).
- Land owned by the Ministry of Defence and the National
Guard is protected from development by the private
sector.
- The existing trends of growth follow in some cases the
locations of agricultural land especially in areas to the
south (figure 7.19) because such agricultural land is
very close to the existing urban area, and the
growth of such areas will be at the expense of
agricultural land.
7.3.4 Existing Conditions Of Agricultural Land
Almost all of the agricultural land in Medina is in the hands of the
private sector; and consists of three main tenures:
a) Al-Mulk Al-Khas (land owned by individuals) 55%.
Such properties are owned by a single person declared
by a legal title of the land registered in Katib Adl of
Medina (Registry of Real Estate)
AMA AMA OLOArs; AsAs: 'A/MAr-
. 0101Ane ,0:0;w000 ..1.00.00.0;e voiee;s0
MAMAO soo;m0;,
'AfAM Wie00 .00.100 VA,V0.0 VOriire;f •oo;ow. '00.00
WAre. .00A0 ',AXXL‘
re.i'Ve* erw.n.r /I4WIWw
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4I• MIAMI% ..4,414•41/0%
.......F4/4•04r4/41g Prilr4•04•45111n11PAPPW: IPWWW41,511.1
FIGURE 7.19 Urban Growth end The conversion of Agriculture Land 1971- 1983
einew
Lave
Agricultural Land
Mountain
297
b) Al-Sharaka (partner ownership) 40%.
The land is owned by a group of people maybe two or
more which is also declared by a legal title explaining
the terms of partnership.
c) Waqfs (charitable endowment) 5%.
Waqf, or charitable endowment, where a person may
dedicate property to the public good. Waqf becomes
inalienable public property shielded from the changing
purposes of successive owners and from fragmentation
through the Islamic scheme of inheritance. Therefore,
Waqf land cannot be sold, gifted, mortgaged, inherited,
or otherwise disposed of. The Waqf is administered
according to the stipulation specified by the person who
donates the land, and the Court that oversees its
administration.
The first two contribute to the conversion of agricultural land
through fragmentation of the land between the successors of the
owner. Where usually these successors are engaged in occupations
other than agriculture, they are much less concerned with continuing
the agricultural use of the land.
According to the existing pattern of agricultural land three types of
land could be classified in accordance with their location relative to
the built-up area of Medina.
a) Agricultural land within the urban block of Medina was
estimated to be about 600 hectares in 1977. Recent
estimated losses may have reduced this by 15%. It
should be noted that this category is dispersed in
298
different parts of the city. The location of such land
gives the impression that it is always under threatened of
urban encroachment.
b) Agricultural land outwith the built-up area. Usually
this is at the edge of the urban block especially at
the south and Sayed Al-Shuhada at the northwest.
The total area is about 700 hectares. This catogory has
shown a small increase in area and there is a total
potential of up to 2,000 hectares.
The above two categories are within the existing boundaries of the
Municipality of Medina and therefore, within the jurisdiction of the
Municipality.
c) Agricultural land in the villages around Medina. These
villages are under the control of the Ministry of
Municipal and Rural Affairs. Unfortunately, no figures
are available for this land.
7.3.5 Urban Growth And The Loss Of Agricultural Land
Medina was famous in the past for its agricultural production, due to
the relatively large areas of agricultural land around the city as
compared to other cities in Saudi Arabia. In the last few years this
agricultural land has been threatened and taken over by urban
development.
The GACDAR Master Plan estimated the loss of agricultural land
between 1971-1977 as 233 hectares. In 1971 agricultural land
totaled approximately 1500 hectares, by 1977 this had decreased to
299
1277 hectares (including 600 within the urban block), a loss of about
15% of the total and on annual loss of about 2.5%.
Officals in the Directorate of Agriculture in Medina estimated the
loss between 1977 and 1983 at about 17% of the 1,277 hecatres
which existed in 1977, again a loss of productive agricultural land.
7.3.6 Major Factors In The Loss Of Agricultural Land
The major problem was the expansion of the city in all directions
Irrespective of the proposals contained in the RMJM Master Plan of
1971. The real growth of the city was far beyond what was
anticipated in the Master Plan and undermined the assumptions on
which it was based. It is noted that the area of the urban block in
1977 exceded by 3,650 hectares than what was expected by the low
estimates of the Master Plan reaching almost the same area assigned
for the high estimate, i.e. 4,500 hectares with a difference of 850
hectares.
Furthermore, the Master Plan in 1971, adopted a preferred strategy of
urban growth for Medina. It recommended growth in the vacant land
around the built-up area towards the east. Contrary to the strategy it
seems that urbanization took different directions covering large
areas of vacant and agricultural land without conforming to the
directions and axes of growth specified. Although, the latest Master
Plan has re-emphasised the same strategy , the conditions explained
above still prevail.
7.3.7 The Process Of Conversion
300
The consequent increased rate of economic development produced
physical growth in Medina which was faster than the anticipated
growth In the Master Plan of 1971.However, the development and
growth of the city, has been of two main types:
a) Rapid urban growth in approved sub-division areas
which are considered to be the legal extension of the
city, but which are devoid of public utilities.
b) Rapid urban growth in undeveloped areas where
buildings were developed by the unlawful seizure of land
forming squatter settlements some of which occured
on agricultural land.
In the two processes little attention was paid to possible alternative
uses for the land, beside urban uses. Thus through sub-divisions, land
with agricultural capability has been converted to urban uses.
Building permits, were approved by the Municipality to build on
agricultural land especially those at the edge of existing urban land
development. The owners of the land were clever enough to let the
land dry out, thereby allowing the green element to die, and
converting a productive resource into something to get rid of because
of its poor and wasteful appearance. So building permits were issued,
contrary to the policies of protecting agricultural land, i.e. conserve
rather than just preserve them. Because people found ways to
circumvent the policies with what appeared to be a logical argument.
i.e. dry land is not an agricultural land so why not build on it.
The question which must be asked is: why has not all the agricultural
land within the urban block been lost? Why have 600 hecatres of
301
agricultural land been conserved? The answer is more or less
dependent on the owner of the land, rather than existing control. The
emotional linkage between the owners and the land, especially those
owners who had physically participated in reclaiming and farming the
land. Such people are not willing to sell the land, whatever
Incentives are given.
But people who inherit the land on the owners death do not appear to
have the same attitude and they seem to look at the land from an
economic perspective i.e. what is the income of the land, and how
does this compare with the value of the land (i.e. what is the yield
from the investment).
The income from agricultural use is not more than 2% of the existing
market value of the land, whereas if the potential development value
was realized, this would generate more money, releasing capital to
invest elsewhere and generating higher income.
Therefore, existing and potential farmers are discouraged from buying
land within the urban block for agricultural use because of the high
value of the land and the limited income generated. Consequently,
agricultural land within the urban block has been gradually decreasing
rather that increasing.
However, land values differ from one part of the city to another, the
prices of land on the outskirts of the city are low, but they are higher
in agricultural areas than they are in vacant localities. The private
vacant land varies from 400 to 600 SR per square meter.
302
Comparatively, land prices are higher within the urban block ranging
from 1,500 to 50,000 SR per square meter for agricultural and vacant
land as indicated by some of the Real Estate Agents. Such variation is
associated with the accessibility of the land and its proximity from
Al-Haram.
Figure 7.20 illustrates the prevailing land prices at present in the
various areas of Medina, as viewed by some Real Estate Agents.
Areas No. 6,7,8, and 12 were dominated by agricultural use, but
recently development took place at these locations and consequently
the prices have increased especially in Area 12, because the intensity
of development was higher. Therefore, agricultural use is no longer a
profitable activity in these locations assuming a change to urban use
is allowed because land prices have been increasing by a factor of
between 2 and 10 times.
When urban growth affects agricultural land, it increases its value by
100% in some cases, consequently, agricultural use is not
economically viable. Therefore, land owners usually market the land
for development after drying it to by-pass the controls via the
following process. By this process, agricultural land is permanently
threatened by the normal market forces associated with urban
growth.
7,500
12,000 11111 1E1 1.1 191 1111 1E1 1.1
PAM! us:::.
Num Hsu::
7,
.00411. ••••••• 1971 SOU 1979
I •Il Mil 2: 1118 r.: 6111311. NS 3:
BIM No =1
11,500 ,500
2,500
Figure 120 : Lend Prices In Medina
Souroe: Madera Municipality
(
(
Figure :1.$
Yanbu lies on the Red Sea coast ,350 Kilometers north-west of
Jeddah and 240 kilometers of Madina
c
303
7.4 URBAN SPRAWL AND GOVERNMENT INVESMENT33
Urban sprawl is caused by various factors, e.g. it could result from
speculation, high land prices, working opportunities, etc. In the case
of Jeddah the existing urban sprawl, mainly, resulted from a
combination of speculation and high prices. The aim of this part is to
examine the impact of a major governmental investment on the
adjacent urban areas. For this reason the Sub-region of Yanbu has
been chosen as a case study.
Also, an important issue the case study provides is different from the
case study of Jeddah. 'By looking at Tutu ctue are ey,thliMhg a
different level of government than that of Jeddah, which in , helps to
cover problems associated with the administrative system of land
development, as we will see in later chapters (figure 7.21).
7.4.1 Yanbu Industrial City34
Since the early 1970s the Kingdom of Saudi Arabia has been pursuing
a national strategy of reducing its economic dependence on the export
of crude oil by developing its natural resources and diversifying its
Industrial base. This strategy is clearly described in the second
development plan for the period 1975-1980, whose objectives
express the fundamental value and principles on which the
government's present policies are based:
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Figure 7.21 Vanbu and Jubail Location
304
1) to maintain the religious and moral values of Islam,
2) to assure the defence and internal security of the
Kingdom,
3) to maintain a high rate of economic resources,
maximizing earnings from oil over the long term,
and conserving depletable resources,
4) to reduce economic dependence on exportation of
crude oil,
5) to develop human resources by education, training,
and raising standards of health,
6) to increase the well-being of all groups within the
society and foster social stability under circumstances
of rapid social changes,
7) to develop the physical infrastructure to support
achievements of the above goals.
A fundamental obstacle to efficiently developing cities in accordance
with these goals, however, was the heavy-handed Saudi bureacracy, at
that time. To avoid bureacracy problems and other implementation
inadequacies, a powerful instrument for implementation national
strategy was created in 1975 specifically for the development of two
new industrial complexes. The Royal Commission for Jubail and
Yanbu, as it is called, was established as an independent agency
outside the traditional ministerial framework. The Royal Commission
Is enpowered to disreguard all existing legislation and procedures in
order to plan and implement construction of the Jubail and Yanbu
industrial cities (figure 7.22).
Figure 1.23: The Sub- region contxt
(
305
The establishment of such a commission was considered essential by
the Ministry of Planning and the Cabinet of Ministries, because of the
Kingdoms' aim of swiftly attaining their development objectives.
Thus, by 1976 the construction started on both sites.
Although, at Yanbu Industrial City (called after the near-by town,
Yanbu ) the heavy industries - NGL plant, domestic and export
refineries, crude terminal, and petrochemical plant - will form the
base for developement, a substantial proportion of the eventual
development in the Industrial City will be generated initially by the
need to provide a wide range of services to the 150,000 inhabitants
of the new community. Yanbu Industrial City will eventually be the
largest city on the Red Sea coast north of Jeddah. Not only will it
attract people and activities from Medina, 130 miles to the east, but
In the longer term, affect Jeddah, which lies 200 miles to the south.
The most immediate impact of the new town will, however, be on the
existing town of Yanbu , whose center is approximately 14 miles to
the north of the site of the new Industrial Complex. There had been a
strong concern that all the housing and other social infrastructure
available in the new city will cause a rapid out-migration from Yanbu
to the New Town.
By 1979, the sort of co-ordination that was necessary in the sub-
region in order to protect public investment in the sub-region as well
as to protect the new town from undesirable competition. Also, it
was clear, at that time, that Yanbu was growing in a pattern and
speed which will bring undesirable conditions to the area. All this
motivated the Royal Commission to issue a report titled-Alternative
306
Strategic Report-which stated the following goal for development in
and around the new town:
- The new town is the reason d'etre for the Royal
Commission's existence and the viability and efficiency
of the Complex, must be seen as the fundamental goal.
- The New Community is derived from the needs of the
Industrial Complex. Modifications to its Master Plan
may be tolerated though not encouraged, provided they
do not preclude its eventual achievement.
- Given the workload of the Royal Commission in fulfilling
Its major tasks, administrative involvement in Yanbu
should be minimized, consistent with the achievement
of the above two goals.
- Consistent with the goals for the Industrial Town, the
Royal Commission aims to spread the benefits of
development with national policy.
- Consistent with its fundamental goals the Royal
Commission aims to minimize political discontentment
and disruption in the sub-region.
The report recommended the Royal Commission's invlovement in the
development of the existing town of Yanbu . The Royal Commission
would take an active role in planning the economy and physical growth
of the town. It was assumed that a sub-regional review would be
conducted and if necessary the plans of the Industrial Town amended,
to ensure a viable role for the existing town in the future. Also, the
report recommended more control on development in Yanbu, to insure
that no undesirable competition takes place out of the Industrial
307
Town, and prevent the physical urban sprawl which are taking place in
the south side of the town, spreading towards the New Town. Such
growth, the report mentioned, could not be serviced by community
facilities and other services including utilities, due to the density
and the unplanned pattern (which makes any attempt by authorities
unjustified, economically).
The report constructed three scenarios for the development out with
the New Town, if the recommended strategies were not adopted.
The first alternative, a sustained independent growth. It assumed
rapid and substantial population growth during the next 20 years. It
assumed that Yanbu would benefit in the short term from
opportunities generated by the New Town before the later become
self-sufficient and able to cater for the needs of early settlers. In
the medium term, as the New Community grew and become more self-
sufficient, Yanbu could no longer rely on development spin-off. In
order to ensure a viable long term future, government support would
be necessary. It was assumed that such support would be forthcoming
thus enabling the town to develop farily rapidly, perhaps in open
competition with the New Town.
The second alternative, unsustained , independent growth, the
possibility of short term growth followed by the gradual decline of
Yanbu, once the New Town became self-sufficient. If administrative
agencies in the Town were unable either to provide efficient services
or to attract necessary funding of projects to sustain the growth of
the Town independent of the New Town, then the Industrial Complex
308
and the New Community would drain skilled, able manpower from the
Town and general physical,social and economic decline could occur.
The third scenario, assimilation, envisaged curtailment of short term
growth followed by planned decline of Yanbu. In order to make the
growth of Yanbu as a potential source of manpower for the Industrial
Complex and in order to prevent any competitive development taking
place in the Town, employment opportunities would be made available
in the Complex for locals who would be encouraged to relocate to the
New Town.
However, until today there are no signs of co-ordination between the
New Town and Yanbu, and development has been following the second
scenario (Unsustained Independant Growth). In the following section,
we will look at Yanbu, its Master Plan, existing trends, and the
administrative system and structure; evaluate them in the context of
urban land development problems in Saudi Arabia.
7.4.2 Yanbu
Yanbu has for centuries been an important Red Sea port offering a
deep natural harbor and access to food and water from the farms of
the nearby Yanbu Al-Nakhl Valley. The Port brought relative
prosperity to the merchants of Yanbu and also provided international
contact through dealings with foreign traders and pilgrams.
The economy of the town has been tied closely to the activity in the
port, and since this has been determined to some extent by outside
factors, Yanbu has experienced both periods of prosperity and
309
recession. The closing of the Suez Canal in 1967 and the increasing
relative importance of Jeddah, appear to have brought the town
almost to a standstill.
By 1974, stagnation had given way to growth; new roads and buildings
had been constructed and the port expanded to many times its former
capacity. While these trends all point to a period of growth and
prosperity, it would be unwise to assume that this will occur without
continued public commitment to diversify Saudi Arabias' Red Sea
activities away from its predominant base in Jeddah.
Other local building activity seems to have stemed from two waves of
speculation based upon the expectation of major growth in and around
Yanbu. In 1973, the rise in oil prices and a general boom atmosphere,
inspired a round of land claims and construction. Rumours of the
coming Industrial Complex may have indicated a second wide-spread
wave in which land speculation was concentrated to the south of the
Town, while the belief that the Complex workers would live in Yanbu,
encouraged the construction of new houses and apartments in the
existing town. The gradual realization on the part of Yanbu
developers that the Industrial Complex is to be built outside and
largely indepentant of Yanbu, and the virtual completion of many of
the major recent infrastructure projection puts Yanbu once again in a
position of further uncertainty.
Two previous Master Plans have been prepared to guide development
in and around Yanbu. The first plan was produced in 1963 by the
Jeddah Town Planning Office - the then regional planning authority
for Yanbu. A radial grid was superimposed over a vast area of land,
310
extending 7 miles from Yanbu. Though this cannot be truly considered
a development plan, it has influenced the location of some major
roads and most importantly, has determined land ownership patterns
In the area.
A more recent plan was prepared by a private consultant in 1973. The
plan draws little from the 1963 plan, and shows growth occuring
towards the north in a grid pattern. Though this plan was formally
accepted, the earlier plan is still used by the planning authorities as
a basis for land sub-divisions and some road alignments. However,
current water and sewage proposals are based on the more recent
plans.
7.4.3 Existing Condition
Previously, we mentioned the four alternatives for the future growth
in the sub-region; in the year which followed (1979-81) experience
has shown second alternative which assumed unsustained independent
growth previeled. Until 1982, Yanbu benefited from the economic
opportunities generated by the New Town. In the last two years the
spin-off from development has been shrinking.
However, in 1980 the Royal Commission proposed a compatible
growth strategy for the sub-region. The proposition was in the form
of a Master Plan. Two basic policies underline the strategy. These
are as follows:
- To maintain and encourage a socially balanced
community and;
- To establish a consolidated physical form. "While
311
these respond directly to social and physical goals
they also incorporate the means of achieving economic
and administrative goals. Thus, in order to achieve
a socially balanced community several actions including
interventions in the field of economic activity are
required, and similarly the development of a
consolidated physical form requires the application
of co-ordinating administrative controls."
In summary the action plan recommended firm intervention and co-
ordination by public authorities to a far greater degree than at
present to implement the above strategy.
The second policy of which underlie the strategy argue that if allowed
to continue, the dispared and fragmented nature of present physical
development would inhibit the achievement of social and economic
goals. It would deny people access to a variety of facilities and limit
their opportunities and choices. In addition, it would hinder the
development of an efficient utilities system, thereby making public
services more costly and increasing the risks of ill health which in
turn reduce the potential for active social and economic development
in the Town.
The recommended strategy envisages consolidation of urban
development both sub-regionally and in Yanbu. It designates three
separate development areas: the New Town, the area between Yanbu
and the new town , and Yanbu. Each area has different characteristics
and development would be channelled, as appropiate, to these areas in
a complementary fashion. Elsewhere, and particularly in coastal
312
areas, development would be discouraged by various means. A "buffer
zone" has been designed between Yanbu and the New Town and no
development should be permitted. However, between Yanbu and Sharrn
Yanbu very limited development is allowed, and that which is allowed
should be consolidated Into small clusters, at selected points.
In Yanbu, itself, development should be encouraged to infill the
existing gaps and intersects. Renewal of presently delapidated areas
is also an important element of the strategy that aims to limit
development to the designated development area (in the proposed
Master Action Plan) and to avoid continuous leap-frogging further
outwards.
Until 1983, the authorities in the Sub-region failed to adopt and
implement the above recommendation. The Royal Commission in the
New Town is Independently carrying-on the role of developing the
Industrial Complex and its Community, while the local government in
Yanbu is implementing and following the plans and policies of 1973.
Population density varies widely within the town and reflects the
fragmented and irregular nature of development. In 1974 the whole
population was located within four of the thirteen planning zones.
The density varation started in 1975 when rumors spread around
about the new town project. In complete lack of co-ordination
between the new corner to sub-region-the new town- and the existing
town, Yanbu Al Bahr started its fragmented, irregular nature of
development in the area. The present built area of the town is
approximately BM 0 square kilometers, but is not continguous. Thus
densities calculated on this basis to give an average of about 43.5
313
persons per hectare do not reveal the significant local varations that
characterize the town. In general, however, more higher densities are
found in the central area (85 per hectare) than in the outer areas
(32.5 per hectare). The local varations result from the irregular
patterns of development interspersed with large and small vacant
areas and create an important obstacle to coherent and efficient
development.
As mentioned before the purpose of this case study is to look at the
problems of urban sprawl in Saudi Arabia as a result of governments'
major investment associated with lack of co-ordination. The Master
Action Plan prepared by the Royal Commission for the sub-region
discussed the problems of urban land development in the area. It
concluded that the existing pattern lacked community facilities,
utilities in some parts and environmental compatibility. The Plan
mentioned that the main reasons for these problems is the extremely
scattered nature of the development in the town which makes it
impossible to construct any facilities.
7.4.4 Major Development Areas In The Sub-Region
There are three major development areas associated with growth of
the New Industrial City; the Industrial Complex, the new airport and
Yanbu Al Nakhl. The Industrial Complex, as explained before is the
largest of these areas with an estimated population of 150,000 by the
1990s and an investment of SR 25 billion during this period.
The airport, which was completed in 1983, built about 9 miles from
the Industrial Complex. The location offers equally good access from
314
the New Community and Yanbu and there is no development in the area
at present. The airport has created a small cluster of development in
the area between the airport and Yanbu. These include small
industrial activities, wholesaling, service industries, and associated
housing. This development should influence the growth of Yanbu,
especially since the completion of the airport highway.
Thus, the New Community in the south and the airport in the east,
together, attracts the pattern of growth of Yanbu out of its "planned
development area" in a very sprawled nature (figure 7.24).
7.4.5 Developement Trends
Before the emergence of the Industrial Complex as the most
important factor likely to effect patterns of development in the sub-
region, various trends had already become apparent. In particular
development on both sides of the town along the coast in the form of
housing compounds and light indusrial premises has begun. Similarly,
irregular developments are also taking place along the regional roads
leading from Yanbu. These patterns can be expected to continue and
will undoubtedly be a powerful force in shaping the short term
future. The tendency for development gradually expand outwards
from the center of the town, and to take place first on prime land or
arterial routes is common to most unplanned communities. However,
in Yanbu the drive towards expansion is prompted only in part by an
Increased population, demanding more space. "Very high land costs,
which prohibit economic land development leads to a "leapfrog"
pattern of dispersed development, where isolated building groups
exist beyond the contiguous build-up areas of the town."
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tess,!11 Trends 1111111 Scateer Development ••=11=1,n
Vanbu wizza New Town
315
Figure 5.24 shows the above trends. However, by 1980 it became
clear that the presence of the Industrial Complex altered the balance
of development from the previous trends (monocentric pattern) and
will shift the center of gravity south-eastwards. Futhermore, the
construction of the airport inland from Yanbu established a tripolar
pattern of development with the old town, the New Community and the
airport forming the corners of a triangle. There is no doubt that
pressures for development along the sides of this triangle will
Increase and especially so along the coast between Yanbu and the New
Town.
Recently, major infrastructure in the new town is ready, e.g. roads,
sewer lines, water supplies, etc. as well, land has been subdivided by
the Royal Commission and prepared to be developed for housing by
individuals and public. This process has shown a great impact on the
growth of Yanbu . The new town by developed to a very high standard
which most of the Saudi cities do not enjoy; this high standard on the
one hand and low prices of land on the other will attract migration
from the sub-region to the new town which in turn will result in an
assimilation process which in turn will result in wasting public
Investment in Yanbu and urban sprawl, that is costly to serve.
Previously, we stated that this case study aims to demonstrate the
lack of land development policies coordination especially at the
regional and sub-regional level, in addition it provided an opportunity
for looking at problems of land development within the jurisdiction
of a lower grade of municipalities.
316
"The existing administration of Yanbu will not be able to cope with
expected growth in the town or sub-region". The establishment of the
Royal Commission for Jubail and Yanbu reflects the importance
attached by the government to both projects, but also results from a
recognition of the limited capability of existing administrative
system (manpower and policies). Nevertheless, one of the aims of the
Complex is that it should provide momentum for growth in the sub-
region and there is no doubt that significant benefits and disbenefits
will result from the development of the Complex. In order to direct
the impacts in the most beneficial manner which has been reflected
In the Master Action Plan, the existing administrative system in the
sub-region must function in more coordinated manner.
317
Notes To Chapter Sive%
1- The Second National Plan, 1975-1980.
2- Jeddah Action Master Plan, "Technical Report No. 5, Introduction and Physical Planning Data", 1979, pg. 7.
3- Ibid, pg. 8.
4- lbid, pg. 12.
5- A. Pesce, pg. 105-108.
6- Abdullah Yahia, "A Study in Urban Formation", 1978, pg. 154-160.
7- Ibid. pg. 165-168.
8- Sultan Khan, 1982, "The Influence of Arabian Tradition on the Old City of Jeddah: The Urban Setting", in The Arab City, Ed. by I. Serageldin, pg. 191-198.
9- Jeddah Action Master Plan Technical Report No. 5, pg. 12-17.
10-Ibid. pg . 14.
11-Ibid, pg. 99.
12-Ibid, pg. 100-102.
13-Ibid, pg. 103.
14-A. Bokhari, 1978, Formation of Jeddah, Unpublished PhD. Thesis, University of Philadelpha, pg.
15-R. Looney, 1982, pg. 107-117.
318
16-Master Directive Plan, Jeddah, 1978, Report No 4.
17-Master Directive Plan, pg. 8.
18-Action Master Plan, Jeddah, 1978, Report No. 4, pg. 98-103.
19-Master Directive Plan, pg. 2-15.
20-Master Directive Plan, Jeddah, 1978, Report No. 4, pg. 87.
21-1bid, pg. 89.
22-The condition has changed much since 1 conducted the research, more parking space, new office buildings, more shops, however, the shift towards out of the CCD remained, because of the high rent which resulted from the high price of the development.
23-Action Master Plan, Jeddah, 1982, Report No. 12, pg. 90.
24-Master Directive Plan, Jeddah, 1978, Report No. 4, pg. 13.
25-1bid, pg. 32.
26-Action Master Plan, Jeddah, 1982, Report No. 12 pg.57.
27-Master Directive Plan, Jeddah, 1978, Report No.4, pg.42
28-1bid, pg.45.
29-1bid, pg.51.
30-Action Master Plan, Jeddah, 1982, Report No. 12, pg. 56.
31-A journalist interviewed the Mayor of Jeddah, 1981, Okaz Newspaper.
32-Master Plan of Madina,1979, by GACDAR, for Ministry of Municipality and Rural Affairs.
33-Information on this Chapter mostly obtaind from the 1963 and 1973 Master Plan.
34-Action Master Plan , Yanbu Sub-Region, 1978, by Consultant Zohair Faize.
320
Chapter VIII : Land Development A Synthesis of
Problems in the Light of Land Policies
8.1 INTRODUCTION
The aim in this Chapter is to evaluate each one of the problems
,which have been identified in the previous chapters, in terms of the
relevant land policies in Saudi Arabia. In the Fifth Chapter, I
concluded that urban land development in Saudi Arabia experienced
several kinds of problems. They can be classified and grouped; as
follows:
1 - Type of problems caused by land availability - time,
location and price - for development:
a - problems in lack of community facilities
b - urban sprawl
C - the conversion of agricultural land
2 - Ty p e of problems caused by the pattern of development:
a - problems of density e.g. traffic, community
facilities, community hazards
b - lack of cultural and environmental consideration
C - urban sprawl
3 - Type of problems caused by urban forms:
a - lack of privacy
32 1
b - lack of environmental compatability
The chapter consists of three parts : the first part looks at the
problem of land availability, on one side , and the policies for
providing land for development in S.A. on the other side.The second
part evaluates the problems associated with land use controls and
existing methods of controlling land use in S.A. The final part
examines the effectiveness of the existing administrative system in
delivering and enforcing the above policies.
8.2 URBAN LAND AVAILABILITY
In Chapter Two I explained the relationship between urbanization and
the demand for urban land. Five elements of the urbanization process
influence demand for land and consequently, the supply of it.,(1)
technological changes,(2) the rate of economic development ,(3)
social changes,(4) government actions,(5) population increase and
population distribution.
Several problems result when supplies fall short of meeting demand
for urban land. If government fails to control the land and bring
forward the supply to meet the actual demand, the direct result is an
increase in land prices. The high rate of increase in land prices
attracts many people to Invest in real estate, and speculation in real
estate becomes a common practice , which in turn contributs to the
land shortage. Three major problems associated with land availability
are:
- Urban Sprawl
- Lack of community facilities
- Conversion of agricultural land.
322
Each of these problems is a direct result of land availability;
availability here means availability in terms of time, location and
pricesin the following section we will analyze and evaluate each of
the three problems in relation to the relevant land policies in Saudi
Arabia.
8.2.1 Urban Sprawl
Urban Sprawl ,in the case of Saudi Arabia, occurs because land owners
hold land in expectation of maximzing of their gain from the sale of
the undeveloped land, forcing developers looking for cheaper land to
locat further out of the city . The whitholding of land from the
market on the one hand and the demand for land or land at an
attainable cost on the other, results in developments located on the
outskirts of urban areas, with gaps between one developed area and
another.
This process results in a physical pattern of development of which is
sporadic and of low density.
Five problems are associated with urban sprawl:
- Premature characterization of an area by the
prior development of housing, factories or
commercial development which subsequently
makes the area unfavorable for anything but
compatible uses.
- The high costs or poor quality of public services;
323
costly and wasteful extensions to or lack of,
utilities.
.. Unregulated growth or poor quality rural
subdivisions, housing, building and health codes.
- Waste of land resources in bypassed areas
suitable for no economically productive use,
neither for housing, industry or farming,
nor for public recreation.
- Monotony, lack of community identity and
inadequate social and cultural opportunities.
The basic elements behind urban sprawl, by now, are becoming
generally agreed among authors "Many attribute urban sprawl to
speculative society, however, the root cause of urban sprawl is the
right to buy and sell and develop 1t". 1 This leads us to the original
arguments of this section, land availability.
Thus, if land is provided in the market at the right location,the right
time, and at affordable prices, the reason behind urban sprawl will be
eliminated. In the following paragraphs we will discuss land supply
and land prices. Although both of these factors are related and have
mutually influenced each other, for the purpose of the analysis we
have separated them out.
8.2.2 Land Policies and Land Supply In Saudi Arabia
Land demand for all kinds of development has been at a record level
since the initiation of the second National Plan (Chapter Four).
Consequently, the government has adopted several policies to
324
Increase and control the supply of land. However, the process of
urban sprawl continues to characterize Saudi Urbanization... -There
are good reasons to believe that the kind of development that has
taken place thus far around the city is going to continue".2
Historically, until the 1950s, obtaining land for investment purposes,
by means of speculation or developing it for commercial, residential
or office use, had never been the practice of the investorThere had
been no demand. The dominat tenure was owner occupation those who
could not afford this either living in charity buildings ,waqf, or
privatly renting vacant buildings.
Since that time, the country's development brought a continuing
increase in the number of expatriates and consequently, the demand
for tenement housing increased and exceeded the existing stock. In
turn, business activities, retail and other commercial activities
increased and diversified resulting in a great demand for land to build
accommodation. This process provoked investors to buy land for
development. Even, until the late 1960s land speculation was not a
common practice in Saudi Arabia; and for this reason urban areas
developed in a concentrated, compact pattern, during that period.
The initiation of the country's Second National Plan promoted urban
land demand to a level that exceeded the supply. Consequently, land
prices started to increase rapidly, attracting investors to speculate
on their land . The following paragraphs analyse the current situation
and help to explain the reasons behind urban sprawl.
The Direct Process For Providing Land
325
We can categorize the process for providing land for urban
development in two ways; direct and indirect. Each of these two
processes influenced the land market in a different way. In this
section we will discuss the problem of urban sprawl in reference to
the Direct Process.
By the beginning of the seventies, it was a common practice for Saudi
citizens, to submit an application stating their need for a plot of land
on which they could build a house. As a result the applicant received
a land grant, the size depending on his family size, and in the
jurisdiction of the municipality in which he or she lived. Until the
1980s, it was difficult to control the process in terms of who was
eligible for the grant and who was not, because of a lack of socio-
economic data (e.g.income level , ownership , family size,...) also,
the income criteria was dropped, as a condition to secure the grant,
for a period of about five years (1969-1974). The process did not
include any obligation or conditions in terms of:
- The right to sell, which implied that the grantee could
sell his or her grant to another citizen if he/she
wished to do so.
- No time limit for development, which means that the
grantee was free to decide the time to start the
development on his/her site.
Under these conditions, the land grant process produced the following
results :
- Land was granted to applicants who did not
have the financial means to develop the grant;
326
these grantees either sold their land or held it until
1974 and after, the year In which the REDF become
operational.
- Land granted to applicants who
had the means to build did so;
thee were the largest group.
- Land granted to applicants whose objective
was to obtain a land grant for speculative purpose.
The first and second group actually practiced speculation by
withholding land from development. A part of the first group, held the
land until it secured a grant and the second group sold the grant to
speculators or to other individuals who could afford development.
According to professionals (Real Estate Agents) in the city of Jeddah,
not more than 30% of these grant applications were made for
speculative reasons. The third groups aims were purely speculative.
Since 1979 the direct process has been restricted to limited income
groups and those who donot own vacant land or a house. Also, the
local municipalities have become more capable of evaluating the
socio-economic of applicants conditions ( The First National
Devlopment Plan succeeded In facilitating more data in various area
e.g socio-economic...) . However,1979 time the government
subdivisions for limited income groups have been located on the urban
edge in areas lacking utilities and at a considerable distance from the
urban centre. The reason being that most of the serviced land or
land adjacent to services which had potential improvement values in
the near future had been channelled to the land market by the Indirect
Process( as we will see later). In the context of our discussion, the
327
grants which were meant to help reduce the housing problems,
resulted from several reasons, the most important of them is the land
availability. The applicants continued to seek land from the Indirect
Process, but the majority could not afford the market price of well
serviced land (utilities and community facilities) and as a result they
moved to areas further out and less accessibile, where land was
cheaper.
Thus, the Direct Process resulted in the following:
- A Significant number of grants went to speculators.
- The grants provided after 1979 were
unserviced and in no therefore condition for development
( lack of utilities...).
However, the amount of land provided by this process has been
significant in terms of the total land supplied to the market .
The Indirect Process for Providing Land
The second process has been in operation since 1970, and involves the
government in channelling land to the market through the donation of
large estates to dignatories. The process comprises three
Identifiable steps;(1) from the time the land was granted, to the time
the grantee decided to sell;(2) from the time the land was put up for
sale to the time it was subdivided and sold in plots; (3) the final
stage when development takes place. Since the process, imposes no
restrictions in terms of timing of development and the right of sale,
328
each stage has been subject to personal and/ or market preferences
rather than to the actual needs for land.
After securing a grant from the state, the grantee, in most cases, has
attempted to sell the land within a year; however if the grant was
located in a remote area, far from public improvements, the grantee
witheld it until improvement became feasible. In the early 1970s,
grantees used to hold on to their grant longer, because of the
relatively low prices compared with the mid 1970s and onwards
when prices were rising rapidly. When the grant was put on the
market it always involved a second party, the real estate or the stock
agencies . After subdivision approval was obtained the land was put
up for sale. Based on their motives for buying land, four groups of
purchasers can be identified:
1- Real Estate and/or Stock Companies, these two actors came to the
market as short term investors seeking profits from the transactions
and subdivision process, rather than from speculation; however, the
higher rate of price increase attracted them to speculate on land for a
period of time before reselling. This practice increased the period
of time between the state, making the original grant and, the time the
land was actually divided and channelled to the market.
2-speculators, this group invests in the land market, by purchasing
plots from new subdivisions and witholds them from the market for
periods of a year to five years, in the hope of a speculative gain.
3- Part time Speculators, land speculation is not their main source of
income. The number and the scale of this group practice is
329
phenomenal, not only in Saudi Arabia, but all over the Gulf countries.
It is common practice to use land as a commodity for the purpose of
saving and investment. Reasons for this behaviour are discussed in
Appendix "D" but include, lack of alternative investment
opportunities, fluctuation of interest rates, high rate of inflation,
etc.... This group usually witheld the land for more than two years
before reselling. Indeed this group has controlled most of the land
available for development (especially serviced land).
4- Develop, this group is composed of those who purchase plots to
build themselves houses and those who buy plots to develop for
investment purposes. This group, usually, developed their and as
soon as services reached the area in which their site was located.
The field survey (interview) in Northern Jeddah (Appendix "D"),
conducted in one of the early subdivisions in Jeddah and one of the
subdivisions which followed the Indirect Process) shows that despite
the fact that the subdivisions approvals had been granted in 1969,
until today about 60% of the remaining vacant land is in the hand of
speculators, who are seeking an increase in the land value. Also, the
survey showed that about 90% of the developed land was owned by
second and third time owners, where only 10% of first owners
actually bought land for development, not for speculation.
Furthermore, development had already bypassed the site, about eight
miles further to the north, while the area around it is still 70%
undeveloped.
Thus, the Indirect Process resulted in much speculative activity
which in return resulted in witholding land from the land market.
330
8.2.3 Land Prices
There is no doubt that the country has experienced a great deal of
economic growth, technological change and social change, all of them
generating a great demand for urban land. Until 1973/74 land price
increases were responding to general inflation. After 1974, as
economic growth brought more money than people could consume on
one hand and lack of new investment opportunities, on the other, land
became a commodity and an investment opportunity for surplus funds.
Thus, by the mid 1970s land prices reached levels much higher than
the markets need afford. Consequently, developers who could not
afford the land market prices for serviced land, were left with one
alternative, unserviced land on the outskirts of the built-up area,
causing the existing urban sprawl.
In Section 7.3.3, I discussed land appropriation and compensation and
how government agreed to pay at least land market value for
compensation . It is a generally understood that the government
intended to use this compensation as a way of distributing wealth.
However , what could not be forseen was that it would generate
several side effects on future development. This process encouraged
land speculators and others to push up land prices to catch up with
the level of compensation. In addition , a great amount of investment
went into land which speculators knew in advance had been allocated
for public use .Thus , the evolving of higher compensation and
cosequently higher land prices ,resulted in a higher rate of land
price increase.
331
One policy which has greatly influenced the land market is the Real
Estate Development Fund. When the policy was introduced in the
early 1970s,. the main aim was to subsidize the high cost of
construction. This device helped many middle and low income Saudis
to own a house. Out the free land market took advantage of the
device and increased the land prices. In 1970, average cost an
serviced land in the suburb of the urban areas was between 15% and
25% of the total cost of single family houses. The REDF lends the
developer 75% of the cost with a maximum of SR 270,000 which
implies that the total cost of a single family house for middle income
families is about SR 360,000. Hence, the price of land for this type
of housing should be between SR 54,000 to 90,000. The REDF loans
facilitated house construction and generated a greater demand for
land. However the loan increases the capability of the potential
developer to pay for higher land prices , since he does not need to
divide his saving between construction and cost of land by the same
percentage as he did before obtaining the loan. Figure 8.1 shows
how land prices dropped in 1978 as a result of a government decision
to stop REDF the loan ,for six months.
Conclusion
In summary, government policies influences land prices in two ways:
A. Policies Inadequacy
- Methods of compensation
- The REDF
- Land Grants
Figure 8.1 : Land Prices and REDF
SR
10000
95000
90000
85000
80000
75000
70000
65000
60000
5500
5000
4500
4000
3500
3000
2500
2000
1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1990
Jr
Source • (a) Field servey in 1983 (b) Jeddah Master Plan 1973 ,Master Dierective Plan 1978
and Action Plan Area 1982.
332
B. Lack of policies(such as)
- Land taxation policies
- Land reserve policies
- Pre-emption policies
- Purchase of development rights
Because of the high rate of land price increase and the need for
accomodation e.g private housing; sprawl is likely to remain a
characteristic feature of urban areas in Saudi Arabia.
8.4 LAND-USE POLICIES
The second group of urban land development problems, fall under the
issue of land use and land-use control (see Chapter Three). In
general, the second group comprises:
- Problems of privacy which have resulted from
incompatible uses and or planning by-laws and
regulations.
- Problems of environmental incompatibility
which have resulted from subdivision and
building regulations
- Problems of traffic and parking congestion,
which have resulted from non-conforming uses.
- Problems of shortages in community
facilities as a result of increases in density
and changes in uses.
333
These problems differ according to In terms of whether they have
resulted from inadequate policies and/or failure in enforcing the
policies. In the following paragraphs we will analyse the existing
land-use policies in the context of these problems. The necessary
information and data for the analysis is generated from Chapter Five.
In Chapter 3, we reviewed the issue of land-use control. In general,
the techniques used fall into three basic categories: 1-Incentives,
including the provision of infrastructure and services to facilitate
development, as well as direct financing of the development site
Itself; 2-direct investment in the purchase, compulsory acquisition or
nationalization of land for development; 3- restrictions, including
zoning, subdivision and building controls; and management systems
including the administrative procedure for the development of the
later techniques as well as the enforcement of them, it also involves
Intergovernmental coordination of decisions affecting land-use.
8.3.1 Incentive Policies
The existing Incentive Policies in Saudi Arabia are limited to two
policies. The REDF by which government promotes and encourages
private investment for housing; and land acquisition policies, by
which government takes over private land for the purpose of public
uses. Policies such as land banking, pre-emptions, purchase of
development rights and the provision of infrastructure working as an
indirect tool for controlling urban growth, do not exist to control
land-use in Saudi Arabia.
Land Acquisition
334
The Royal Decree (M65/6.11.1971) permitted local municipalities to
acquire land for public use (only municipality grades "A" and "B" are
allowed to practice land acquisition, in smaller grades "C" and "D" the
authority of land acquisition is elevated to the hand of the regional
office of Ministry of Municipalities and rural affairs) . Although the
related legislation permits the local authority or government
departments to acquire land or property for public use, the
compensation has to be assessed at prevailing market rates.
The regulation does not specify that if the compensation is not
acceptable to the affected party the property should still be acquired
compulsarilly. Owners objections have to be entertained and
considered sympathetically. Moreover, lithe value of unacquired
property decreases or increases because of the implementation of the
new project, this difference has to be considered when compensation
is assessed. The differential factor (whether added or deducted)
should not be more than half of the properties estimated value. In
practice, awards have been very close to the market value of the
property. Rapid increases in land values in the Kingdom over the past
few years have discouraged land acquisition for public purposes and
therefore, have delayed the execution of school programmes and other
facilities.
The impact of inflated sums of land compensation on urban land
prices and urban sprawl has already been discussed the concern here
is the impact of the existing policies on land-uses.
335
The simplicity and limitation of the land acquisition policies, as well
as the intention of the state during the 1970's to use land
compensation as a means of distributing wealth left no alternative
for local authorities or government departments, except the
assessment at prevailing market rates, This implies paying large
sums of money in compensation, thereby limiting the activities of
land acquisition for public uses. The results, in terms of land-uses,
meant either postponing public facilities ,reducing standards or
Inadequate locations.
Two types of problem resulted from the lack of adequate policies for
land acquisition; one is direct and the other is indirect. The direct
one, covered in the previous section, resulted in a lack of community
facilities. The indirect problem is the failure of implementing density
recommendations, due to the postponing of roads, parking areas and
open space programmes. In high density and slum areas, the
municipality failed to alleviate their over urbanization problems. _
The Real Estate Development Fund
In Section 7.3.8 we reviewed the Real Estate Development Fund as
part of the existing land development policies in Saudi Arabia. The
features of the fund are a significant concern to us here. First, the
fund is run by the Ministry of Finance. Second, it grants interest free
and long term loans for housing construction; 75% for private loans,
i.e. individual houses without any income criteria or 50% for
investment loans. Third, the applicant must hold a legal title for land
and a building permit from the local municipality. Fourth, for private
loans, the applicant should not own another building.
336
The REDF is one of the most influential policies in land development.
During REDF's nine month closure in 1977, development activities
were affected considerably, as indicated by the fact that the
permanent building permits issued during that period, in Jeddah,
totaled 1,672, compared with an average of 2,432 permits per annum
issued during the last five years. Approximately 6,000 loans have
been granted in Jeddah between 1977 and 1980.
The REDF loans have generated a great impact on land development
since their introduction in 1974. The fund has contributed to solving
the problem of housing, its main objective. However, the potential of
the fund has not been fully realised by the government. As to its
contribution to the supply of housing, one feature has been its impact
on cost. This point was discussed in the previous section, where we
explained how the fund indirectly influenced the price of land. In the
context of our concern, the potential of the fund has not been fully
utilized, with the one exception that the REDF does not make final
payment to the applicant unless the site is cleared of all construction
material and debris. Coordination between the REDF and the local
authority ,before granting loans, does not occur. Incorporating the
REDF with land grants ensures the development on granted land, i.e.
although the devise has no direct impact on land development in terms
of land-use, it has not been fully utilized by government and local
government.
In summary, though the opportunities and the resources exist in Saudi
Arabia, incentive policies have not beenfully utilized by the
government. In some cases (land acquisition) inadequate incentive
337
policies have had a negative and or undesirable result. While, other
incentive techniques e.g land bank ,pre-emption have not been
adopted.
8.3.2 Restrictive Policies
These are the most influential policies to control land-use and direct
private developments in a manner consistant with development plans.
Three forms policy are currently practiced in Saudi Arabia: zoning,
subdivision regulations and approval by government agencies. The
first three provide a hierarchy of regulatory techniques covering
different sizes of land areas and levels of detail. The third form
will be dealt with in a different section (land development
administration). In the following paragraphs I examined each form
of policy, its objectives and characteristics and then evaluate its
adequacy in the context of the existing urban land development
problems.
Urban Planning (Land-Use Planning)
Urban planning In Saudi Arabia simply refers to land-use planning.
Theoretically, the terms usually refer to two things: land-use plans
and land-use planning. The former has tended to be a static concept
in which specific land-use is identified on a map of the community,
which in turn becomes the model for guiding land-use decisions over
some specific period of time. Elsewhere planning is conceived as a
continuing process, where in recommendations for land-use, densities
and location of uses are made and re-evaluated in view of changing
needs and circumstances. The first may be applicable to an area no
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longer growing, but even in this case its applicability may be
questioned. Thus, concern has increased to modify the form of
traditional land-use plans, especially in order to accommodate the
dynamic process that influence land-uses. A further distinction is
made regarding whether or not a plan itself should be binding. If the
land-use plans were binding and required conformance to its
recommendations, then it would be "imperative". However, if the
plan serves as a guide, then it would be "indicative". Planning for
land-use may be indicative when the planning authority has little
power, is not directly concerned with growth, or has few tools by
which to control development or to implement its recommendations.
When tools exist in the absence of plans, they may well freeze
patterns of land-use according to legislative intents rather than in
the context of a plan. Static plans, plans without power, and tools
without plans are themselves major barriers to effective land-use
planning.
The Royal Decree No. 365 for Municipal and Rural Affairs Ordinance
established the general frame work for urban planning. In Chapter
Six - Land Development Responsibility - we reviewed the Decree as
well as its applications. In general the Ordinance distinguishes
between four sizes of towns. Size "A" has been delegated the power
to plan and implement which implies the formulation of physical
development plans, zoning, subdivision regulations, land acquisition
and major land improvement programmes, as well as development
plans updating zoning changes and special uses permits. Size 'V
has the power of implementation only with the power to planning
remaining within the central government. Size "C" and "D" have the
power to control land-use according to the land-use plan which is
Figure :0.2 : DEvelopment Pattern By Incom level
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339
prepared by the regional authority. They have no authority for zoning
changes or land acquisition. In the case of plan modification, zoning
changes, land acquisition and major land improvement programmes,
the local authority will bring the matter to the regional authority for
action.
Zoning
Zoning is the demarcation of a city by ordinances and the
establishment of regulations to govern the use of the zoned land.
Saudi Arabia has adopted the conventional form of this technique
without any modification. Let us look now at zoning in the context of
the relevant land problems. Since the adoption of zoning in Saudi
Arabia, cities and towns began developing a social segregation
pattern. In the case of Jeddah, today, it is becoming very obvious
that the city has been divided into a high density southern area
dominated by low incomes and low density area tothe north dominated
by high incomes ( Figure 8.2 ) . In the contemporary Saudi city, the
process of relying on custom of use for the generation and control of
change has been replaced by another process which relies on
preconceived, prescriptive convention of pattern and forms. In the
present city we have a package of zoning regulations. These
regulations prescribe street widths, setback requirements, densities,
building heights, lot sizes, etc. The regulations are formulated to
tell people what to do whereas the traditional social conventions
prescribe certain patterns of conduct. Hence, it brings to a site, in
advance, certain monetary values, which in turn could prevent certain
potential developers. In other words, the density policies, i.e. floor
area ration, set-back, minimal lot size etc., discriminates against a
340
certain level of people and income. By nature and design, uclidian
zoning is exclusionary. In the celebrated U.S. judical ruling in
Village of Euclid vs. Ambler Realty Co. in 1926 Justice Westerhaver
recognized that the result to be accomplished of zoning is to classify
the population and segregate them according to their income or
situation in life. Zoning in Saudi Arabia was never intended to
result in such socio-income segregation, but the kind of regulation
used to implement zoning resulted in this kind of land development
problem.
Zoning, as we mentioned before, is composed of complementary
technical and administrative parts. If one part failed to be
Implemented the second part's performance will be affected. One of
the main criticisms of zoning, especially in developing countries is
that the implementation of its application, is sometimes intended to
favour certain groups. The zoning system in Saudi Arabia is limited
to the approval of planning permits; it does not include any appealing
procedures to an independant agency and the only way to appeal is to
the higher official rank in the same government agencies where the
original application has been refused (the system of processing of
applications for planning permission is discussed in Section 8.4 ).
This situation has left the system open to failure and mis-use . The
second weakness in the system is, although local government is
required to prepare a zoning map (land-use official map) which should
designate land for various activities and although they have general
authority to regulate land-use, this is specifically restricted to land
subdivisions and regulations of building and road construction.For
example the Municipality cannot and do not control commercial and
office development in residential areas. Moreover, there is no
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regulation which can help the Municipalities to enforce the above
regulations. As a result most urban areas are suffering from
Incompatible uses. In the case of Jeddah, a survey by the municipality
in 1980 shows that 8% of the residential buildings are occupied by
offices and commercial activities. Resulting in traffic congestion,
hazards and lack of safety for the neighbouring residents. Also,
failure of one of the most important cultural features, privacy.
In summary, existing zoning policies have generated two different
kinds of problems in terms of causes. The lint 'gimp rtss.Med
directly from the implementation of zoning policies, where the
second group resulted from the failure of implementing the zoning
policies. The zoning policies in Saudi Arabia have been adopted
without any modifications as far as implementation techniques and
administrative system. The administrative procedures of these
methods lack the enforcement tools and the appeals procedure
normally associated with te zoning.
Zoning Regulation
Zoning is a hierarchical regulatory technique. The zoning plan divids
the city into different zones in terms of use and density in each of
them. Zoning regulations ensure that each site is conforming with the
use and density of its zone conditions. These regulations, in Saudi
Arabia, specify the minimum plot size, maximum permissible number
of floors and setbacks.
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In the case of Jeddah, the analysis of existing conditions shows
several land development problems, which result directly from the
Implementation of the above techniques. These are:
- Lack of privacy;
- Social injustice and;
- Conflict with physical and climatic conditions.
In the previous sub-section I discussed the second conflict, resulting
from the adoption of zoning. The concern here is to examine the lack
of privacy and the physical and climatic conditions of tile existing
policies. For the purpose of this section its important to recall the
following conclusions.
- Saudi Development Plans regarded the maintaining
and sustaining Islamic culture as the main goal of its
economical, social and physical policies.
- An important feature of Islamic culture is individual
privacy. The privacy of families must be safeguarded.
The overlooking of private spaces must be minimized.
Community facilities for the use of women, such as
girls schools must be located withtotally separate
pedestrain access.
- Saudi Arabia, located in a hot arid zone, imposes
certain features and constraints on the physical pattern.
These guidances and features should be reflected in the land
development policies. In summary, these are
1) Reducing Solar Gain
2) Shade and Shadow utilisation.
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3) Air Movement(capturing of preffered wind)
The zoning regulations have been examined in this context. The
following are the concluding points of the examination.
Conflicts Regarding The Minimum Lot Size, The Minimum Floor Area,
And The Types Of Use
Minimum lot size has traditionally been used to regulate density and
to preserve the character of neighbourhoods. One of the reasons
invoked for maintaining certain densities in a neighbourhood is to
alleviate the problems arising from the inadequacy of public water,
sewer and other facilities, so that a large minimum lot size is
claimed to be a measure to protect public health. Another argument
for enforced minimum lot size is the need to protect the community's
tax base through the preservation of high value neighborhoods.
Underlying such arguments, however, there appears, historically, to
have been an equally strong, though unvoiced, consideration in the
minds of both municipal officials and community inhabitants, namely,
to exclude certain undesirable people from these communities.
Certainly, one of the most effective devices to achieve this purpose
has been the establishment of a large minimum standard for lot sizes.
The practice of establishing minimum lot sizes developed comitantig
with zoning. In the United States, the practice was upheld by the
courts, though lower courts and dissenting judges continuously
expressed doubts about its validity as early as the 1920s. As we saw
in the case of Euclid vs. Ambler, a lower court in 1924 ruled that the
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village's zoning ordinance, which established with both minimum lot
and floor areas, was invalid since it resulted in classifying and
segregating the populaiton according to income and life situation. By
upholding the constitutionality of the ordinance, however, the
Supreme Court in effect encouraged communities, especially suburbs,
to develop large minimum-lot area standards that resulted in the
exclusion of lower income families.
Minimum floor area standards are usually justified on the grounds
that they promote the general welfare of the community by protecting
its character. But again, in the US., they have often been usaV as a
device to enforce segregation by excluding lower income groups from
certain areas. The ordinance of Wayne Township, New Jersey, which
established minimum sizes for dwellings throughout the town, is a
good example in this respect. When the ordinance's consititutionality
was tested In court, it had been rejected on the ground that it
discriminated between people regarding their income level.
District zoning according to type of use has also been used as a
measure to exclude underirable activities and people from particular
areas. In American cities, such provisions have been instrumental in
excluding public housing projects for low-income groups from areas
dominated by whit middle-income families. The case of public
housing in Chicago is a good example. Of the 51 public housing sites
choosen in Chicago between 1950 and 1969, only two were in white
areas, the remainder being predominantly black. The case exemplifies
the strong opposition by Aldermen to locating such projects in areas
dominated by whites; according to the plaintiffs in court suits
brought against such decisions, the reasoning of the municipal
345
authorities in clearly based on the fact that the prospective
Inhabitants of such projects are expected to be blacks.
Yet, Saudi zoning regulations have ignored the Amercian experience
and adopted the traditional zoning regulations without any
modifications in its general framework, to suit the conditions of
Saudi Arabia. Furthermore, they are in conflict with the Development
Plans of those areas where these regulations have been introduced.
The minimum lot size standards introduced by Jeddah Master
Directive Plan divided the city into two parts. North of the old city,
the minimum sizes start with 400 square metres and up, while in the
old city and in the southern part, the minimum sizes ranges fr.=
between 150 sq. metres to 250 sq. metres. Thus, the north becomes
preferred by high and middle income groups. Where people with
limited incomes end low incomes inhabit the southern parts.
However, part of Makkah Road-Kilo 2 to 5-despite the traditional
growth in absence of zoning regulations, people with limited and low
incomes who came to areas where originally inhabited by only high
income, lived side by side with high and middle income groups;
another example is the low income neighbourhoods that developed
directly on the eastern edge of the Royal palaces and some high
Income villas. Such mixing of income groups follows a centuries old
tradition in Arab-Muslim cities. Neighbourhoods were never based on
income, but on place of origin, ethnic backgrounds, or religious
beliefs, so that people in these neighbourhoods, some with vast
incomes and therefore, large and sometimes palatial homes and
others with very limited incomes and therefore, small modest houses,
lined side by side one with another.
34 6
Setback Regulations
Setbacks and building line requirements were developed in modern
times to alleviate overcrowding, to avoid fire hazards and to protect
public health by providing light and air to all inhabitants. The concept
of having an unbullt space around buildings that is mandated by law
first appeared in London's Building Act in 1844. According to the Act,
a minimum amount of 100 sq. feet was required for private homes,
though no stipulations were made with respect to width. Setback
requirements were also first introduced in London with the Building
Act of 1894. In this Act, working-class dwellings were required to
be setback so as to increase the width of the street to the same
distance as the height of the building.
Other reasons for the development of setback and building line
requirements by modern zoning in the West have been quicker to
anticipate future street widening or to accommodate aesthetic
interest. The justification for setback requirements by zoning has
always been based on the contention that the assurance of large open
space between rows of residence promotes public health, safety,
morals and general welfare.
Even this cursory examination should make it clear that the context in
which setback requirements developed in the West differs markedly
from the context of Saudi Arabian cities. These clearly have a
different cultural tradition and different climatic conditions. From a
cultural point of view, visual privacy has been a comparatively
unimportant issue in Western culture, while in Arab-Muslim culture it
is a uniquely important issue. The introduction of setbacks which
347
allow for the opening of windows and therefore, the constant
violation of privacy inhibits the full use of a property by its owner in
an Arab-Muslim city; in a Western city, this is an accepted cultural
norm.
From the point of view of climate, front, side and rear yards are an
enjoyable space to have in a Western city. With abundant amounts of
water and a moderate exposure to sunlight, it is easy to maintain and
use, while in an arid hot city such an open space is almost impossible
to maintain and, therefore, to fully utilize, if it can be used at all.
When the Roads and Buildings Statute first introduced the setback
concept in Saudi Arabia, it implied the need to meet future street
widening. One assumes that the new regulations proposed by SCET
International, which established front setback requirements, are also
intended to meet this need, though in this case it is very clear that
aesthetic values are also at work. On the other hand, there appears to
be little justification for the setback regulations, especially the side
and rear setbacks, which developed in the 1960s and were confirmed
by the Development Plan for Jeddah in the 1970s. These were
introduced in residential areas with very large lot sizes and
therefore, the possibility of overcrowding or even of a high density
simply could not exist. Also, such factors could have been controlled
through other means, that is, percentage of lot coverage, floor area
ratios, etc. The only purpose for these requirements seems to have
been to ensure the development of a certain dwelling type, the villa.
Perhaps another intended purpose was aesthetic, that is, to maintain
an even alignment of buildings, and thereby to preserve the landscape
and presumably improve the general appearance of the street. If this
348
was the intention, as it usually is in a Western city, then it is clear
that the whole issue of differences in cultural contexts was glossed
over by the promoters of these regulations. Instead of the expected
result of wide streets with an open view and green gardens on both
sides, Jeddah as well as other cities, has a different outcome: the
fence wall on both sides of the street. What the setback
requirements actually introduced was a new life-style, based on the
conception of outdoor living as opposed to the notion of the family
and an inwardlooking unit. This style of living has been rejected in
Saudi Arabia, first through fence walls around houses, and later
through other measures that assured the protection of visual privacy.
Thus, setback regulations not only ignored traditions and culture, but
also Ignored the climatic conditions of the country. Figures 4.4-8
show the importance in and hot climates of developing certain
features and patterns to reduce the harshness of the climate. The
setback regulations have failed to comform with this condition. The
side, front and rear setbacks have resulted in the following:
- Preventing courtyards by reducing the buildable area.
- Increasing solar gain.
- Uncompact urban layout.
- Lack of natural shading and shadow features.
The Role Of Eminent Domain
Eminent Domain, the right of a government to take or to authorize the
taking, with just compensation of private property for public use, has
been used in modern times to ensure the implementation of master
plans. This subject will be evaluated, as part of zoning regulations
349
when existing policies are evaluated in terms of their consistance
with the Sharia values in Section 6.7.
Summary
Zoning and zoning regulations have influenced urban growth since
their adoption in the early 1960s. Recently zoning became very
effective in controlling many aspects of land development. However,
it brought many negative changes to the urban pattern. These
problems resulted either from the failure in enforcing some of the
zoning policies or from the actual enforcement of these policies. The
former, resulted in incompatible uses; where local authority failed to
enforce uses in their relevant zones. The problems which resulted
from the enforcement of zoning policies can be classified into two
groups:
- Problems resulting from the lack of cultural consideration
In zoning regulations.
- Problems resulting from the lack of environmental
consideration in zoning regulations.
- Problems of social injustice.
Where the first two sets of problems resulted directly from the
zoning regulation, the third group of problems resulted from the
actual approach, i.e. density.
Subdivision Regulations
As mentioned earlier, zoning regulations have found widespread
acceptance as a means for providing public control over land
development. Similarly, subdivision regulations which prescribe the
350
minimum requirements to be met by developments on the fringe of
urban areas have been widely implemented as a means of ensuring
that new developments will meet certain acceptable design
standards.
In Chapter Three we reviewed the theory of subdivision regulations.
In general, subdivision regulations govern the development of raw
land for residential or other purposes. They prescribe standards for
lot sizes and layout, street improvements, procedures for dedicating
private land to publfc purposes and other reqtnrements in far more
detail than in the zoning plan.
Once the subdivision is divided into lots, the street pattern of a
neighbourhood is established together with the distribution of public
facilities and land-uses etc. Subdivision can also contribute to
orderly land development by controlling the timing of development.
The local authority can forbid subdivision in areas where development
Is not desirable as not planned. Furthermore, the timing of
subdivisions can be coordinated with the planned development of
Infrastructure and public facilities.
Subdivision regulations were introduced into Saudi Arabia in the late
1960s, when the Direct Process of providing land to limited income
groups was begun. Today, it is an established practice in Saudi Arabia
that no one can sell land in lots unless it has an approved subdivision,
and that no building can be erected unless it has building permit from
the local municipality.
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On acquiring a large parcel of land (through a purchase or receiving a
grant from the King), the owner applies to the local municipality
within which the land is located, for a municipality designed
subdivision or submits his own plan for approval. The Municipality
(central planning and General Building Departments) does not charge
the applicant for the design or planning of such serivces. In assessing
the application, there is little or no apparent consideration given to
the availability of infrastructure, or the preferred direction
development according to the master plan of the city.
In Jeddah, subdivision approvals have been granted to applicants since
the 1970s without any consideration of the availability of utilities
and public facilities. In Figure 8.3 we can see that the area from
Palestine Road north to the Sharm has been developed by a process of
subdividing and subdivision regulations. Only one half of this area has
any utilities and public facilities and even here provision is
Incomplete. Yet, the whole area already has subdivision approvals.
Also, since 1982, the area around the Cement Factory has witnessed
scattered development that is completely lacking in utilities or
public facilities.
In Section 8.2.1 the phenomenon of urban sprawl was discussed. It
was noted there that the situation where land grants do not have a
time limit for development, has been a contributary factor in
allowing sprawl. Similarly subdivision approval, does not include any
mechanism to prevent speculation. That is why in Jeddah large
subdivisions with paved roads and some times utilities remain
vacant, without penality to the owner.
352
In general, there are no specific regulations that govern subdivisions;
however, 34-40% of land is retained or allocated for public uses (i.e.
roads, schools, gardens, etc.). The subdivision owner is not paid for
land being acquired for public uses other than for schools which is
compensated by the education authorities.
The Planning By-Laws provide the general steps required for a
subdivision approval as well as the technical conditions and
standards. This part lays down the general and specific requirements
which shall be incorporated in residential and non-residential land
subdivisions. These include:
1) Desirable size of land parcel for subdivision.
2) Land suitability.
3) Integration with environs.
4) Conformity with land-use and zoning.
5) Linkage with urban network including roads
and utility lines.
6) Access control and roads.
7) Density computation.
8) Land-use allocation and disposition of facility area.
9) Land reservation/dedication.
10) Plotting and minimum plot size.
11) Public utilities.
8.4 The Intergovernmental Coordination
The physical planning function of Saudi Arabian municipalities has
traditionally been subservient to higher administrative levels. The
Ministry of Municipal and Rural Affairs (MRA) and its Branch Planning
353
and Engineering Affairs departments are located in Regional capitals.
It is the responsibility of the Ministrys' Undersecretariat for Town
Planning to initiate the preparation of local plans, supervise their
development in accordance with national standards, and to approve
their implementation following a review by the municipal council;
the case is different for class "A" where development plans are
prepared by the municipality and then sent to the municipal council
for approval. Once adopted, master plans are binding and the
development regulations they contain are to be strictly adhered to by
the municipalities.
There are four cities in Saudi Arabia classified as class "A"
municipalities - Jeddah, Makkah, Riyadh, and Medina. Each one of
these municipalities already has their own development plan,
prepared by their Town Planning Department and approved by the
Ministries Cabinet, in addition they have the power to develop and
amend their development contracts and other by-laws. In each city
there are branches for various ministries to assess the development
of their plans. An example being, the city of Jeddah, there are nine
branches of various ministries. Each ministry, through its branch,
implements its plans for the area as well as generating the necessary
data for monitoring and developing its implementation plan:
* Ministry of Housing - concerned with local housing
projects.
* Ministry of Education - concerned with teaching and
school construction.
* Ministry of Health - concerned with health care and
hospitals.
354
* Ministry of Communication - concerned with telephone
and post office construction, etc.
* Ministry of Transportation - concerned with highway
construction.
* Ministry of Agriculture - concerned with water supply.
* Ministry of Municipal and Rural Affairs - concerned
with sewer construction, water piping, urban and
regional planning and other municipal services
(see Chapter 6).
* Ministry of Finance - concerned with the REDF.
Once the development plans (Directive Master Plan, Executional Plans,
Action Area Plans, Zoning Plans) receives approval, it moves, to the
second stage - implementation and monitoring. Four departments
and committees work to supervise and control the overall process.
Planning Coordination Committee: this committee focuses its
activities on long range planning, including action and execution
plans, and ensures co-ordination with other ministries and
departments engaged in the task of development within the Master
Directive Plan.
Development Coordination Committee: this committee would focus
Its attention to tasks relating to implementation including inter-
ministry/departmental coordination and overall development control.
The Mayor, as the chief executive of the City Municipality, or Deputy
Mayor, is the chairman of this committee.
355
Development Control SubCommittee: a sub-committee, comprising
the Deputy Mayor for Technical Affairs, Vice Mayor of Municipal
Affairs, Vice Mayor for Administration, Director of the City Planning
and Development Department, Director of Lands, Director of Municipal
Services, and two nominated members from professional bodies
formed to advise on matters relative to development control. This
sub-committee also includes the Assistant Mayors of the local
municipalities. This committee should process special cases and
cases of appeal. This committee may be designated as the
"Development Control Sub-committee" and have the Director of the
City Planning and Development Department.
The Planning and Development Department provides the necessary
technical support in the overall planning process. The functions of
the PDD includes:
- Preparation of activities and execution of plans.
- Phasing and programming of developments.
- Monitoring and revision of plans.
- Rendering ad hoc advice on development control,
e.g. planning permission, etc.
- Conducting special studies and liaison with agencies
general public.
Within these sub-committees development plans strategies, policies
and ideas for coordination are exchanged between the municipalities
and the various ministries branches. Thus, theoretically, urban
areas within the jurisdiction of class "A" municipalities do not lack
the proper organizational system to implement plans. However,
356
within this well structured system, there are major signs of a lack of
coordination between the municipality and other governmental
agencies in the area (example: Jeddah Housing, Rush Project). The
lack of coordination at the local level takes various forms:
- In terms of project timing where an area could be
developed if it had the required services - schools,
mosques or sufficient services without the necessary
support population.
- in terms of location, where a government agent developed a
project in an unsuitable area contraray to the objectives
of the municipality; e.g. the Housing Project
In Jeddah.
However, inter-departmental cocrdination is improving rapidly
according to officials in Jeddah and Makkah . They argue that current
problems are the result of poor coordination in the past, before the
adoption of the new system of coordinating committees.
The general analysis of the administrative system and the
examination of land development in Jeddah and other major, class "A"
municipalities, can be concluded as follows:
1. The existing shortages In public services, in terms of the existing
system, result from the lack of coordination. Even though the
administrative structure includes a committee to coordinate the work
of various government agencies which involved in the physical
development of the city, the municipality does not have an obligatory
357
rule in this committee. In other words the municipality cannot
enforce its policy on the other government agencies in the committee.
For example, the Rush Housing Project in Jeddah, despite the
objection of the Municipality to the location and the size of the
project, the Ministry of Housing carried through the implementation
of the project on the original site.
2. Nonconforming uses also result from the lack of coordination
between the Municipality and government agencies. For example, the
Ministry of Trade approve an application for practicing business in an
area without consulting the Municipality on whether or not the area is
suitable for office use.
3. Since 1979 the administrative system has been improving in
class "A - municipalities due to the delegation of authority which has
been granted to this class by the Royal Decree of 1979.
The case is different in class '8" • "C" and Tr, we will focus on the
city of Yanbu as an example of these classes. In this class the
policy making function is vested in a Regional High Planning
Committee within the MRA composed of the provincial Governor, the
provincial Director General of Municipal and Rural Affairs, local
notables and representatives of ministries. Its responsibilities
include reviewing draft master plans and recommending action by the
High Planning Committee; approving all local action area plans,
public projects and large subdivisions proposed by or submitted to the
municipalities; and identifying significant or controversial planning
issues to be referred to the High Planning Committee.
358
The municipalities' principal planning responsibilities involve: public
Improvement projects, building permits, preventing encroachment on
the Municipality's property, and land surveys. All revisions to an
approved MRA plan must be submitted to the Regional Planning
Subcommittee for review, approved by the Regional High Planning
Committee, and forwarded to MRA for final approval.
Initiating specific public projects included in the master plan
involves similar hierarchial review. It is the responsibility of the
chief municipal executive, at the regional level, and his Technical
Services Department to prepare an annual list of projects, including
the acquisition of land and the construction of roads, utilities and
public facilities. The designation of projects as well as their
specific locations must be compatible with the master plan.
However, if the project involves a line ministry (for example, the
Ministry of Education) ministerial concurrence must be obtained
before local action is initiated. Municipal responsibility is limited
to providing the site for the project. Proposed projects are submitted
to the Municipal Council for an advisory opinion and forwarded to the
Regional Planning Subcommittee.
Figures 8.3 show the administrative hierarchy and the decision
making process in Yanbu, as an example for class “D".
We can conclude from the diagram, that generally, the decision
making process is in the hands of the regional office. Any attempted
coordination at the local level may be out of date or sometimes lacks
commitment by the time it reaches the regional office. The following
Is a diagnosis of the systems problems and capabilities.
359
The analysis of the present organizational structure of Government
Ministries and agencies in Yanbu indicate a number of interrelated
probleths, which severely affect their capabilities. Different
Ministries have developed their own administrative structures to
tackle their particular responsibilities. No common structural
format exists, apart from that of a general hierarchial organization,
and this has led to different levels of delegation within each Ministry.
However, in general, relatively little power, authority or
responsibility is delegated, especially below the regional level and in
consequence local offices face a complex, slow and bureaucratic
decision making process. This means that the morale at the local
level Is generally low, and that the regional (Medina/Jeddah and
national Riyadh) offices of the various agencies are frequently not
aware of and hence not responsive to the interest and aspirations of
local residents. In addition, project implementation is slow, and can
be out of date by the time a particular scheme is completed.
As well as the problems of internal coordination inherent within each
Ministry, the external coordination between them, essential to the
efficient provision of social services and facilities are virtually non-
existent. Some official channels exist, for example, the Amir-
Governor, but local officials generally have little or no power, and are
therefore, unable to respond to the issues raised. They can of course
send back requests to their respective Ministries, but the internal
coordination problem tends to minimize any advantages gained.
Thus, in general, whatever official channels do exist, are not capable
of tackling coordination problems in any comprehensive manner.
General iteThgence
Bureauo of Gene- ral Comptroller
M. Of Finance
M. Of M. Of Hiunisipality Defence
Ru-al Aff.
M. Of Housing
r*
Local Mulicipatity
Figure 8_3_ Goverment Structure
KING OF GOWN RIRS111
1
Royal Adv
Roy al Cabinet
RRESEOENT OF TIE IA I MITERS
1HE ROYAL GUARD
Roy al >rotocol
&row For Toon- ical Corporatio Civil Service
Commission I
National Gard
Grievance Board
il Of Ministers I
CENTER Pt LEVEL
REGIONAL LEVEL; Some ministri.:: do not have 4.1
regional office
LOCAL LEVEL; Some ministrie
do not maintain local
level office
360
Informal channels, which obviously do exist at the local level, are
equally incapable of ensuring efficient on-going coordination.
In common with the rest of the Kingdom, the region has experienced
high economic growth rates in recent years and this has created its
own problems. It has placed a greater demand on already over used
existing services and facilities, and it has allowed less time for the
various agencies to resolve their operational problems.
Furthermore, it has placed a great demand upon construction
activities in agencies whose main duties concern operation and
maintenance. This growth and the pressures it has created has
overwhelmed the capabilities of the existing agencies, who could
probably cope with a more normal situation.
Finally, a special situation occurred in Yanbu sub-region, which left
the future growth of the sub-region in doubt. The establishment of
an independent government agency, in the form of the Royal
Commission for Yanbu, has brought to the region an imbalanced
growth which could result in the deterioration of the existing urban
and rural areas around it. The independance of the Royal Commission
from other government agencies in the sub-region, including Yanbu
municipality, inevitably means there is no opportunity for
coordination.
In conclusion, since the adoption of the new organizational structure
the administrative system has witnessed a great improvement.
However, the remaining problem in relation to the administrative
process is that the Steering Committee's decisions are not binding on
36 1
its members (only an advisory role) which weakens its role of
coordinating implementation.
The case, however, is different in small cities and towns where the
inter-ministerial branches with relatively little power, authority or
responsibility is delegated to them; where the implementation
responsibilities and decision making remained in the hands of the
regional office of each Ministry and the central government. In
addition, at the regional office the coordination process does not,
almost, exist because of several reasons e.g each ministry has its
hierarchial structure which in some cases does not contain regional
offices.
8.5 Development Control Administration
In the previous subsection we looked at the problems of land
development in terms of the intergovernmental administrative
coordination. In this subsection I will examine the existing problems
of land development in the context of zoning administration and other
specialized municipal units in land development control. The
examination looks at two categories of municipality, class "A and
classes "8,C, and D".
In this Section the aim is to review and evaluate the existing zoning
administration in relation to the problems of land development.
The effectiveness of zoning is predicatated not only on a sound zoning
ordinance, but also upon sound zoning administration. Zoning
regulations which are poorly administered may render a good zoning
362
ordinance inert and destroy the public confidence in zoning. Zoning
administration must be carefully coordinated with administration of
building codes, construction codes, subdivision regulations, and other
government controls that affect the use and occupancy of land and
building.
Theoretically, there are four main aspects of zoning administration.
These are the day-to-day enforcement of controls, the hearing of
appeals for special exceptions to be made in individual cases, the
procedure for amending the regulations or the district boundaries
shown on the zoning map, and the scope for judicial review of
administration action.
Firstly, I will look at class "A - municipalities by examining Jeddah.
At present development in the Jeddah Municipal Area is controlled by
eight local municipalities. Each local municipality is headed by an
Assistant Mayor. These local municipalities are branches of the main
Municipality which has the Mayor as its chairman. The Jeddah Planning
and Development Department, besides being responsible for the
preparation of the Jeddah Action Master Plans, renders advisory and
ad hoc services on matters relating to planning and development
control. The existing system of development control relates principly
to subdivisions, building permits, land acquisition and land survey.
Issue Of Building Permits
Applications for building permits (temporary or permanent
construction) are submitted to the relevant Municipality which
usually forwards the applications to the Planning and General
363
Buildings Department of Jeddah Municipality, or it may decide the
case itself depending upon the nature of the proposed development.
Each application is evaluated according to the guidelines laid down by
the Steering Committee. These conditions include:
a) zoning
b) building regulations.
A building permit is not normally issued for a plot of less than 200
sq. m.; this issue was considered in Section .
The enforcement of the above conditions is seen to be improving,
however, the existing inadequacy is due to a shortage of skilled
manpower and absence of legislative support. The permission granted
by the planning and General Buildings Department or other
Municipalities, is similar to an outline planning permission only.
Detailed proposals for the design of a building or a group of
buildings/or a complex is submitted to the Permit Section of the
concerned Municipality.
The Planning and General Buildings Department of the Municipality is
improving its capability to discourage non-conforming uses.
However, the relatively limited successes relate to warehousing,
industry and car repair garages in residential areas. So far the
system has failed to control other non-residential uses within
residential areas.
Appeals, in the Western world (e.g. U.K, U.S.A.) an independent appeal
boards are usually limited to hearing appeals from decisions or
interpretations of enforcement officials, and granting 'variances'
364
whereby an individual is permitted to exceed the restrictions laid
down in the zoning ordinance. However, the system also includes a
Review, were the citizen may appeal to the courts against any
administrative or legislative action on a point of law (constitutional
or otherwise), or on grounds that the action was arbitrary, capricious,
oppressive, or unreasonable or represents an abuse of authority.
In the case of Saudi Arabia, the appeals process is limited to the
Development Control Sub-Committee. It comprises the Deputy Mayor
for Technical Affairs, Vice Mayor of Municipal Affairs, Vice Mayor for
Administration, Director of the City Planning and Development
Department, Director of Lands, Director of Municipal Services and two
nominated members from professional bodies is formed to advise on
matters relative to development control. In cases of disagreement
between the citizen and the sub-committee, there are no specialized
courts to review the cases , and the citizen may take his case to the
governor of the province.
Problems Of Non-Conforming Uses
The analysis of Jeddah shows that since the adoption of the Master
Directive Plan, it is now almost impossible for anyone to develop a
site without a development permit; also cases of illegal occupancy,
encroachment and violation of building regulations have almost
stopped. Officials in Makkah and Jeddah Municipalities confirm that
the enforcement of zoning and building regulations has been Improving
since the adoption of the current Master Plan. They attribute the
improvement in enforcement to an increase in skilled manpower.
However, they confirm the outcome of the case study analysis of
365
Jeddah that a significant portion of residential areas are still under
non-residential uses and the Municipality cannot and do not control
commercial and office development in residential areas. Moreover,
there is no legislation which help the Municipalities in enforcement
of the above regulations. In 1979, the consultant reported that about
8% of the residential floor area in Jeddah was in non-residential use.
This figure has doubled since that time. The Al-Sharafia area shows
that almost 40% of its residential buildings are in non-residential
use.
The existing administrative system operated by the municipality is
failing to enforce density regulations due to a lack of legislation
which inables the Municipality to control the density and the lack of
skilled manpower. Two reasons lead to non-conforming density. The
first is the result of the changes of use, as in the case of Makkah Road
Area, where a residential structure is occupied as offices. The
second is an intensification of use by the conversion of single-family
units to multi-family occupation. As a result of the great shortage in
housing, especially during the 1970s and early 1980s, many single-
family housing units have been physically converted to multi-family
units without the approval of the municipality; since these units were
originally designed to accommodate more that one family.
Zoning Administration In Classes "8,C, and D"
Generally, these three classes of municipality have the same
problems as class "A"; any differences relate to the scale of problems
and the causes. Many problems in B, C, & D municipalities had already
366
been resolved In class "A" following the implementation of the 1979
municipal ordinance.
Again, we look at the city of Yanbu to examine the zoning
administration. The local municipality has the power to approve or
refuse building permits, however, in the case of refusal or any
modification to the zoning and/or building regulations the local
authority has to send the matter to the regional authorities. All
planning aspects associate with development control are at the
regional level with little or no coordination with local levels on the
basis of day-to-day administration. in generai 1.bq experisme 1.1ve
same problems of "A" municipalities, but on a larger scale.
Summary
1-Though the municipality enforces the building regulations byelaws,
it has not been able to control land-use or use of buildings. This is
supported by the fact that in Jeddah in 1978, 18% of residential floor
area was in non-residential uses.
2-Municipalities have not been able to enforce zoning regulations in
respect of density, buildings and parking provisions. This failure to
enforce zoning regulations has not only resulted in a lop-sided
structure but has intensified violations of the byelaws and
encouraged encroachment.
3-According to municipality officals there has been a general
shortage of suitably trained personnel to effect policies,
implementation of programmes and enforcement of regulations.
367
4-The lack of coordination between government departments and
municipalities contributes to the problems of land development -
shortages in public facilities, density and non-conforming uses.
8.6 THE SHARIA VIEWS PERTAINING TO THE EXISTING POLICIES
The fact that Islam is dominates all aspects of life in Saudi Arabia -
its political institutions, social-philosophy, and its economic
organizations - makes the evaluation of the existing policies against
the Sharia a complementary process in the evaluation of land
development policies in Saudi Arabia. Therefore, in this section the
same policies will be tested against the pertinent values and
teachings of the Sharia.
This section will evaluate four land policy issues in the context of
the Shari a The first issue is land tenure and the system of providing
land for development. The second issue is the system and policies
relating to the land market. The third issue is land-use control -
zoning - sub-division, and the final issue is land expropriation.
8.61 Land Tenure
In Chapter Four we discussed the views of Sharia pertaining to land
tenure. It can be concluded from Section 4.2 and 4.3 that land
ownership in Islam is governed by the following principles:
1) Right to Ownership
- Islam accepts both public and private ownership rights.
- All land, if not privately owned is owned by the state.
368
2) Exemption
- Property that is by nature for public use such as places of
worship, roads, rivers, public open space, etc.
- Minerals, oil, etc.
- Properties of which the title reverts to the state from
individuals (Wulf).
From the above it can be said that the existing system of land tenure
in Saudi Arabia (Section 4.2) reflects and respects the above
principles of the Sharia. However, the same cannot be said
concerning the process of land provision and the associated changes
of tenure. The evaluation of the Direct and the Indirect process in
providing land produces several results which are in conflict with the
Islamic Sharia. These points of conflict are:
- No controls regarding the grantee's right to sell; and
- No controls regarding the time span that the grant may
remain undeveloped.
The - process of providing land, encourages excessive land speculation,
which is in direct conflict with the values of Islamic Sharia. The
Direct process results in three different groups of grantee's. The
first group lack the financial means to develop the grant; and either
sell the land or hold it until becoming financially capable of
development. These two actions by this group contradict the second
principle of individual rights pertaining to land - "The exercise of a
right is considered illegal if such an exercise results in an excessive
harm or injury". The unrestrictive conditions of the grant in terms of
the period in which the grant can remain undeveloped, opened the
369
process to abuse. Many applicants succeeded In obtaining grants even
though they are financially incapable of developing the land. Such
behaviour has prevented, or at least limited, those who have the
financial means for development, but do not have the land. Also, by
permitting grantees the right of sale, the process encourages
speculative actions which by nature are in conflict with the Sharia.
The Indirect process, which starts with a large estate grant to a
dignitary , shares the same points of conflict with the Direct process.
This process (Iqt'a - Donation) is not new in the Islamic Society.
Ziaul Hague, in his thorough analysis of land grants, concludes that
the Holy Prophet and the early Caliphas, in particular, granted Ian',
but only on a limited scale and only from an 'ownerless land (see
Section 4.3). Briefly, the principles that govern land donations are:
- Donation of ownerless land for active use.
- Donated land should be utilized during a pre-set time (for
three years as the Second Calipha Omer permits)
- Donation can only be made from land over which the doner has the
right of gift.
- Donation should safeguard the interests of both the rich and
the poor : the community as a whole.
If we measure the existing donation policies (Indirect Process)
against the above principles, we find it contradicts with some of
them. The first contradiction is that most donated estates have not
been utilized by the grantee, but rather sold. The second
contradiction is that the grantee can withhold the grant from
development indefinitely. The third contradiction is that the grant,
usually, passes to speculation. In addition the Indirect process, in
370
general, has not maintained one of the main values (Maqsid -
Intention) of the Sharia - The community is responsible for the
preparation of the individual to fulfil his individual collective
obligations and the community, represented by he who is in authority,
must enforce the fulfillment of such obligations. The absence of
some of the necessary restrictive measures to control the grantee's
rights has lead to the abuse of the orginal intention of the grant, but
the authority is in contradiction with the above principle.
The intention and the objective of the land provision process is to
enable every citizen to have a plot where he can build his shelter and
although these notions and methods do not contradict with the Sharia,
the absence of measures to control the procedure and the rights of the
grantee result in several conflicts with the Sharia.
8.6.2 Land Price Control
A general review of land prices in Saudi Arabia over the last ten
years shows an astronomical increase. The rate of increase in land
prices exceeded, by far, the inflation rate and growth in the per S
capita GNP. In some areas the rate of increase reached 1000%,
keeping in mind land can not be treated as a commodity, ordinary
assets (see Section 2.4.3), the land price becomes an important factor
in the life of the individual as well as the community.
In Section 4.4 the Sharia views In relation to the issue of land price
controls were discussed. Although, price controls, in general, are not
permissible in the Sharia, Imam Ibn Tymiya stated that tas'ir (price
control) can be resorted to if there are artificial obstructions, i.e.
371
land speculation. Also, from the general analogy in the concept of
abusement of rights we can state that the excessive uncontrolled
Increase in land prices results in excessive harm and injury to the
community. This is considered by the jurists an abusement of rights,
and therefore, permits the authority to take over such rights and
regulate the price of land.
The absence of land price policies in Saudi Arabia, therefore, imposes
social costs on the community as whole which are inconsistent with
Sharia values requiring intervention by the authorities if an
individual's rights could bring harm and injury to the community.
8.6.3 Land-Use Control
From reviewing the jurists ant jutps ciiSWS on the issues ot
use controls,controls, and from the discussion of the traditional Islamic
physical environment (see Section 4.51 we can coacq ude the fonow,ng:
1- The Traditional Islamic physical environment contained evidence
of land-use segregation in terms of nuisance control.
2- The concepts of harm and injury have been decisive in determining
the location of various uses and in separating them from residential
areas. The same concepts have influenced the urban form.
3- All the rules and regulations controlling the individual and the
community were based on the principle that the community is the end
and aim of the individual's activity, and is the limit at which the
individual's activity ends. Within this communal framework
Individuals have complete freedom of action.
372
4- The exercise of a right should not bring harm or injury to others or
It is considered illegal.
5- The Islamic physical environment is a place of religion, therefore,
it should facilitate the practice of it (eg. Mosques location) and it
should reflect its values and culture (eg. privacy).
The above points are the evaluation criteria against which the
existing policies in Saudi Arabia will be measured.
Section 8.4 discussed the evolution of zoning in Saudi Arabia as a
technique to control land-use. However, all the controls included in
zoning regulations can be grouped into two types, in terms of their
purposes. The first group concerns itself with use, the second group
with density. In the following we will evaluate the conformity of
each of these groups with the Sharia.
8.6.4 Use Regulations
Zoning regulations are really a means of defining types and intensity
of land-use. The most significant part in the zoning system has been
to define types of use district precisely, to take account of the
relationships between uses, and to assess the locational
requirements of particular uses as well as the conflicts between
uses. The general aims of these regulations is to promote a healthier
environment and to prevent harm and injury to residential areas.
373
In the above context the use regulations have no contradiction with
Islamic Sharia. Ibn Khaldun has shown us in his Mugddimah how
Muslim cities had separated types of use that could bring harm Or
Injury to residential areas or to other uses. The process was on
custom rather that a preconceived pattern. Such differences between
the two process does not imply a conflict with the Sharia. In Chapter
Four, I mentioned that the Islamic legal and administrative system is
value-centered; laws exist to realize certain value goals. Therefore,
zoning as far as its aim is to prevent the community from any harm or
Injury resulting from an individuals use of his property is a novel aim
and does not contradict with the Sharia. However, the method by
which the zoning system achieves its aims is the area of conflict.
In the case of Jeddah, the Master Directive Plan divided the city
residential uses into five zones. Even though all the zones are
residential, we can see great differences in what is permissible and
what is not. Such differences can be explained in the U.S., where
zoning was first adopted, by various concepts, such as land values,
market forces, and sometimes social segregation. The case is
different in Saudi Arabia where the constitution of the country is
Islam and Islamic Sharia. In Chapter Four I stated how social conduct
influenced by Islamic egalitarian principles, inturn influenced the
physical pattern of early urban areas. Evidence of social harmony is
Its income context can be wittnessed in most of the remaining old
residential quarters in Saudi Arabia towns. Where quarters were
usually based on ethnic groups rather that on income. Also, concepts
such marked forces, i.e. land values are not acceptable by the Shade,
since community is the end and aim of the Individual's activity and is
the limit at which the individual's activity ends.
374
Thus, the Sharia accepts only the prohibitation of use which would be
harmful to the community. And, in order to be valid, zoning
restrictions and limitations must have a tendency to promote the
general welfare, of the whole community by prohibiting, in particular
areas, uses which could be detrimental to the full enjoyment of the
established use for the properties in that area. However, to reach
this objective the authority - God's representative on the earth -
should eliminate, as far as possible any individual gain which is at
the cost of the community any cost should inpact equally on all parts
of the society. .
8.6.5 Density Regulations
Of vital importance to the community is the prevention of excessive
overcrowding of the population. Zoning has controlled popu'dtion
density to some extent by limitations on the height and bulk of
buildings. Population density control may also utilize one or more of
the following different methods:
1- Limitations on the number of families per acre.
2- Limitations on the number of persons per acre.
3- Limitations on the percentage of a lot which may be
occupied by buildings.
4- Minimum requirements as to lot areas on which dwellings
may be built.
5- Minimum requirements as to space which must be allocated
to each individual occupant of a house.
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Because of the enforcement problems inherent controlling in the
density of population, Saudi Arabia - like the U.S. - has relied upon
the more indirect approach of specifying minimum lot size, minimum
floor area and setbacks. In Section 7.4, I discussed each of these
regulations and its Implications. I concluded that these regulations
have been challenged on the grounds that they resulted unintentionally
In class segregation and social injustice. The two negative aspects
of the above regulations have been achieved, generally, on the grounds
that where particular minimum requirements differ for different
sections of the city, the question is presented whether there is any
legal justification for such differentation. If the standards are
adequate for one residential district, a presumption is raised that
they should be adequate for other residential districts.
i
With the same argument of the previous subsection, the Sharia
conflicts with the above regulations because it discriminates
between certain classes eventhough, the intention, in general, is to
promote the general welfare. Also, they should not result in violation
of individual nghts and the Sharia values which prohibits any kind of
social discrimination. Therefore, the existing regulations for density
control are in conflict with the Sharia on the grounds that they are
unjust in their restnctions and they lead to class segregation.
86 6 Zoning And The Violation Of Pnvacy
The in-egulanty and lack of a predetermined layout present in the
classical Muslim City are not soley the result of a crystallized
nomadic life within the format of an urban city These
characteristics are also the consequence of a socio-cultural
376
behaviour and religious faith that are unyeildingly Islamic, and which
In the city are expressed in a very prominent manner. The Quran,
specifically in verses 4 and 5 of Sura XLIX, whose meaning
paraphrases as follows: " The interior of your house is a sanctuary,
those who violate it by caning on you while you are In it do not keep
the respect which they owe to the interpreter of heaven. They should
be patient and wait until you leave your house, decency demands it,
but God Is All-Forgiving, All-Compassionate". This important divine
communication provides the Islamic City with a throughly religious
character, which eminates from the dwelling, that for the Muslim is
tantamount to a haram (sanctuary), inviolable, overflows and
penetrates all facets of life. Another relevant issue which greatly
influenced the form and pattern or tittsltm communrnas, ).9
segregation of the sexes. Islamic teachings have stressed the
importance of sex segregation, in terms of female and male and direct
relatives and outsiders. Islam prohibits the exposure of the female to
any outsider (any male except the father and the brother). This social
behaviour has influenced the form and the pattern of Muslim cities.
As we can see clearly in the analysis of traditional Saudi cities , the
concern for privacy was reflected in the physical form in several
ways. Among these are the courtyard or the inward openings rather
the outward openings , the replacement of doors within the street,
avoidance or the architectural treatment of windows and the limit on
building heights throughout the city . The issue of privacy has been
maintained by controling the attitude of individuals towards three
physical elements. These are the height of the building, the setbacks
and the openings. In Chapter 4, I discussed the Sharia point of view
pertaining to these issues and I concluded that while there is no
clearly defined set of regulations to maintain privacy, there are a set
377
of values and principles that govern the individual rights to their
ownership.
The analysis of land development policies in Saudi Arabia shows a
continuous violation of the above principles in terms of privacy. This
violation takes two forms; the use zoning and the rezoning, and the
second is the density regulations and building regulations.
In Chapter Five, the analysis of land development In Jeddah shows
that many areas of the city had witnessed rezoning. Some parts of
the Makkah Road Area is a good example for the problem of rezoning in
relation to privacy. As we saw the area hall been tlevelepar) into
single family dwellings with one or two floors. In 1974 developers
were permitted to built multi-family units with more than two floors
in the form of apartment buildings. These buildings have inflicted a
great damage on the existing single family units (villa types) as a
result of the intrusion into the private life of the former residents by
overlooking of the apartment residents. Dr. Saleh Al-Hathlol brought
many examples and elaborations in his thesis to confirm the
Ignorance of the regulation pertaining to the privacy issues. Al-
Hathlol explains in his review of several cases on this issue how the
resident had to go to the court to alleviate the damage that had been
inflicted on him by permitting apartment types in a single family
area. He stated that, although, the policy recognized the importance
of privacy in Saudi Arabia (visual privacy is the most important
factor determining the design of private houses in Saudi Arabia;
zoning regulations should provide a legal framework for safegarding
the privacy of each house and ensuring the full use of property by its
378
owner, in accordance with Saudi traditions and jurisprudence), they
failed to implement it.
The second form of violation of the Sharia privacy principle are the
density regulations. The conflict of these regulations with the
environmental conditions in Saudi Arabia, has already been discussed.
Figures 8.5-6 , show how the existing regulations in Jeddah are in
conflict with the privacy concept (see Dr. Hathlol, Tradition,
Continunity, and Change). The presumption that the new setback
regulations have considered the privacy principles of Muslim culture
fails. The graphical analysis of the subdivision, setback and minimum
size lot regulations, in figures , shows that eventhough the Master
Directive Plan has mentioned its intention to promote cultural and
environmental aspects, the zoning regulations in practice fail to do
so.
8.6.7 Expropriation
Expropriation is carried out under the right of the eminent domain.
The law applied in the Kingdom covers the rules which enable the
local government to acquire land necessary for public projects such
as the construction of roads, public squares, utilities services and
social services. The law defines the procedures, measures and steps
to be followed in property expropriation and the estimation of
compensations .
Is the principle of expropriation accepted in the Sharia or not. To
answer this question their is an issue that needs to be clarified. That
is, the concept of private ownership right vs. public interest. Eminent
379
domain per se is a wide concept that needs to be well defined before
applying it for just expropriation.
Eminent domain, the right of a government to take or to authorize the
taking, with just compensation of private property for public use, has
been used in modern times to ensure the implementation of master
plans and programmes. Three issues are involved here: the first is the
condition under which expropriations are made; whether such
expropriations are for "public good"; and what constitutes just
compensation.
Eminent domain is often applied in cases where the public good is
clearly being served. When seeking a right of way, or providing for
utilities, facilities and services, municipal government resorts to
eminent domain in the interest of the community as a whole. In this
case the public interest seems to be very clearly established and, in
such cases, its use has been challenged only on the basis of just
compensation . The practice, of eminent domain, by the municipal
government of Saudi Arabia, has been accepted and understood by both
individuals and jurists. In almost all cases of expropriation, the
government, has been more that just in compensating affected
citizens. The second case, where eminent domain involves urban
renewal and slum clearance, and those cases involving the
implementation of zoning regulations, especially as related to non-
conforming lots, uses and structures.
In the case of urban renewal and slum clearance, two issues are
involved. First, the public interest is not always so obvious and hence
the Sharia principle that justifies the public right to take over
380
private property is often challenged; and secondly, there is the issue
of who will use and benefit from the property once the reasons for its
taking have been removed, that is, whether the government, when
confiscating a property, has the right to give away this property to
someone other that its original owner. The Sharia is very clear here,
if public interest is served and no injury is caused for the individual,
the application of eminent domain is acceptable, in other words the
aim does not justify the means (Searm VS. Parker in Haar). The case
of urban renewal programmes are very limited and, almost all the
time, the public interest is very clear; where slum clearance cases
are common practice and it contradicts in some cases with Sharia
principles that the aim does not justify the means.
However, the policies which govern these issues comes under the non-
conformance ordinance. There are three major types of non-
conformance, namely:
1) Non-conforming uses in buildings
2) Non-conforming uses in parcels of land
3) Non-conforming plots - vacant.
The first type I have discussed previously, where I explained that the
former has the right on the later. For example, if an office use took
place in an area and that area was zoned residential, the former has
the right to remain, otherwise non-conforming uses in buildings
conform with the Sharia. However, the non-conformance uses
ordinance in Saudi Arabia do not consider the issue of existing use vs.
zoning or re-zoning. The second type does not vary from the first
type as far as the Sharia is concerned.
381
The third type, non-conforming plots, the Jeddah ordinance concerning
the non-conforming plots state the following: "Any plot below this
size (400 sq. m.) should normally be considered as a non-conforming
plot. A non-conforming plot should either be consolidated with an
adjoining property or dedicated or acquired by the municipality with a
view to effect consolidation. The municipality may use a non-
conforming plot for a suitable public use, deemed fit by the
competent authority". This issue involves two notions both of them in
contradiction with the simple principle of Sharia. If the ordinance
aims to control development by controlling density, previously I
explained in detail this issue, then the ordinance is in contradiction
with the Sharia because of the discriminating nature of it. The
second, even if the ordinance avoids the above cause of conflict; the
simple fact that the plot mag result in the hands of the other
Individual, the owner of the adjacent sites could bring a cause of
conflict.
In brief, urban renewal has been and still is a justified public purpose
in a Muslim context; however, the means to achieve it as they have
been practiced and established in Islamic tradition differ from those
practiced elsewhere. At the other side land expropriation for public
purposes such as utilities, schools, etc., are accepted with a just
compensation. The clear conflict is the non-conforming plots, that
result from the density policy.
Summary
382
1-Land Tenure in Saudi Arabia is consistent with the Islamic Sharia.
The conflict exists in the lack of measures preventing speculation in
government granted land.
2-Land Price Control justified in the Sheila based on the principle
that urban land in our time is of an importance as commodity (such as
food, etc.) to the community and any excessive level of prices could
bring injury to individuals as well as the community as a whole,
which inturn permits the authority to regulate it. And any failure to
do so is considered a contradiction with the Sharia.
3-Islamic tradition and teaching has accepted the control of land-use,
however, the existing zoning policy, in its aim to control land-use
have failed to consider other essential issues in the Islamic culture.
4-Expropriation is accepted In the Sharia, if the public interest is
clearly evident.
38 3
CHAPTER IX : RECOMMENDATION - A Policies
Framework.
9.1 INTRODUCTION
From Chapter Five, I have concluded that urban land development in
Saudi Arabia has experienced several kinds of problems:
- Urban Sprawl;
* Lack of public services
* Waste of land resources
* Monotony and lack of social and cultural opportunities
- community facilities shortages;
- Social and cultural conflict-class segregation;
- Lack of social and cultural identity; and
- Incompatible uses
Against these problems, existing land policies have been evaluated.
The evaluation of the existing land policies has shown several areas of
weakness. These are:
- The failure to provide land for development and urbanisation
- The inadequacy of land-use controls.
- Deficient administrative system for development
control.
Figure 9.1 shows the urban land problems, land policies and the areas
of weakness in these policies.
The aim in this Chapter is to propose a framework by which government
intervention in the land development process can overcome the above
c Fi gure 9_ 1 Problems, policies , and weaknesses
Urban Land Problems The Cause
The Policies The Weaknesses
Urban Sprawl
Housing Shortages
Lack ofComnnunitg Facilities
(
Land Availability- Land Grants- the No controls over time, location, pric. Direct and Indire. transactions
Process
=
= Land acqu;sition Lack of public owner- and Compensation ship policies- Land
banking, Pre imption. -
Social and Cultural Conflict-lack of priva- cy, class segregat- ion
Land Availability and Land use controls-zoning regulation__
Land Grants and Zoning and Buil- ding Regultion
No controls over land transaction and inadequacy of land policies
Incompat able uses
(
rnforcement of Planning and Lack ofAdminist- Land use Regulation building permit. rative co- ordination
procedure ,procedure and skill manpower
364
weaknesses, within the cultural and environmental conditions of saudi
Arabia.
The first section, based on the cultural and environmental
understanding, summarizes the findings of Chapter Four in the form of
parameters to guide the formulation of land policies in a manner
consistent with the Sharia and compatable with climatic and
topographic conditions. The second section suggests several changes
for providing land for public and private development. The Third
section provides alternative forms of land use control to the
traditional zoning. The final section pap es changes in the
administrative structure and procedure to fol. — ate the
implementation and the enforcement of existing and proposed policies.
9 2 CULTURAL CONSIDERATION
Any attempt to formulate Icy I policies in Saudi Arabia must take, at
the outset, the Sharia as the source from which policies derive their
principal parameters and the physical organization they seek. In other
words policies must derive their legislation from the Sharia teachings
and the policies must lead to a pattern compatable with the Sharia
values.
The previous analysis of the policies in terms of the Sharia shows two
kinds of conflict: (1) in terms of the Sharia legislation e.g. the role of
eminent domain, land donation, etc. (2) in terms of the physical
compatibility with the Sharia's values and teachings e.g. lack of
privacy, class segregation, the location of mosques . The following
proposed parameters are not intended to set a number of policies or
38 5
measures by which the above conflicts can be eliminated, instead they
contain general parameters to guide land policy formulation in Saudi
Arabia.
9.2.1 Sharia Parameters For Legislation
In explaining the Sharia methodology, I emphasised the fact that
Maciasid Al-Sharia -the Sharia intention- that must be realized in any
proposal for land policies (in other words land policies must be bound
by the values of the Sharia, not by the regulations which developed
throughout the time since the prophet, unless they are based on the
first two sources of legislation, the Quran and the Sunnah-see section
4.3).
Perhaps one of the fundamental issues of our subject is the legal-
economic conflict between the individual, his rights and authority on
one hand, and the community, its rights and authority on the other. The
following are the Sharia Parmeters for these rights (see Section 4.2):
- the individual is the central unit of activity in the community, and
must be given all the opportunities that prepare him to carry on his
functions and activities;
- the community is the end aim of the individual's activity, and is the
limit at which the individual's activity ends, and;
- the community Is responsible for the preparation of the individual to
fulfil his individual collective obligation, and the community,
386
represented by whoever is in authority, must enforce the fulfilment of
such obligations.
We can formulate three restrictions imposed on the exercise of rights
in general:
1) The exercise of the right is only permitted fur the achievement of
the purpose for which the right was created.
2) The exercise of a right is considered illegal if such exercise results
in an excessive harm and injury.
3) The exercise of a right is not permitted if used not fur benefit, but
to bring injury to others.
In Chapter Eight the existing policies were evaluated aganist the above
principles. Figure 9.2 lists and identifies these areas of conflicts and
proposes action to overcome them.
9.2.2 Islam As A Parameter For Social Physical Behavior
The kind of zoning, the zoning regulations, subdivisions, building
regulations, etc., all together should have been working to form and
shape the physical environment In a manner consistent with social
convenience. These measures and regulations cannot achieve social
satisfaction without considering the social factors in its formulation
process.
(
Cigure 9.2: Policy Conflicts
The Policies
The Conflicts Suggestion
Land Grants
Land Prices Control Policies
Land use Controls ( * Density regulations
No controls regarding the grantee's right to sell and the time span that the grant may remain undeveloped-sec.. 8.7.
No Policies to control land prices-the abuse of rights-sec.8.7
Unjust in their restrictions and they lead to class segregation-sec 8.7
Controling trans- action time of development-sec. 9.4.1,2,3.
Policies to cont- rol land prices- section 9.4.4.
Equale application of restrictions & stop of minimum size lot regulan ti ons...sec.9.5.3
Modify zoning regulation to accomodate privacy...
*Zoning Regulations Violation of Privacy, Mosque s Location-sec.8.7
*Exproprlation-eminent Abuse of the use of the Ensure the domain, public right interest of
public on the base of the teachings-sec 4.2.
387
From the previous review and analysis (Section 4.3 and Appendix E ) of
the principles of Islamic towns ,we can single out four basic principles
which I believe have constituted the deep grammar of the Islamic city;
and must guide land policies, in terms of physical pattern and physical
formulation of urban areas, in Saudi Arabia:
Equality : Land policies must apply equally to all sectors of the society
and must not create or promote a pattern of development in conflict
with the egalitarian concept of the Sharia.
Unity:, Land policies must enhance solidarity among community
members, as well as preserving tne fdmilg ties.
Privacy_; the teachings of the Sharia e.g. sex segregation..., give high
regard to the concept of privacy; consequently, land policies must
consider this issue in the process of land development control
techniques.
Mosque : undoubtedly, the mosque is the most important feature of the
Islamic city and the place to which the Moslem goes five times each
day to pray and in which community members associate. Land policies
must see that the mosque has been and remains the focal point of the
community.
9.3 ENVIROMENTAL CONSIDERATION
The importance of climate in the formulation of land development
policies in the desert, permeates all considerations of environment. To
make a town as responsive as possible to climatic conditions, several
388
basic techniques for minimizing the effect of the sun and dust may be
achieved by development control. It is also important for land policies
to guide the architectural design of future buildings in the town. There
are three general techniques for promoting the comfort of individuals.
They are the use of shadow, wind breeze and the minimization of the
impact of solar radiation . In traditional desert settlements, all three
techniques are used to a great effect (see Chapter 4).
9•4 LAND AVAILABILITY FOR URBANISATION
The availability of urban land for urban growth Is the main factor
which influences the pattern and structure of urban areas. The Second
Chapter discussed the importance of urban land in the urbanization
process and the effect of land shortages on development programmes,
e.g. housing, utilities, schools, etc. Several land policies influence the
availability of urban land for development. These policies can be
classified into three groups:
1- Taxation Measures
2- Public Ownership
3- Control of Rights
Saudi Arabia's intervention aimed at facilitating the availability of
land, has shown some weaknesses in practice; these are:
1- Lack of policies to provide land, in advance, for future development
and/or expansion.
2- Lack of policies to control land prices and consequently, easing
public and individual development.
( Figure 9.3 : Policies of Land Availability:problems and suggestions
The Weaknesses The Suggestions
Lack of policies to provide land Pre-emption Rights,and in advance Land Banking.
Lack of policies to control land
Intervention in the market by prices
land banking, stop to use of compensation as a way of distributing wealth and land taxation.
( Inadequacies in land policies for Pre-emption and Land readjustment community facilities. schemes.
Inadequacies in land policies for Controlling transactions of granted providing land for individuals land.
I
'389
3- Inadequacy of land policies for land acquisition for public
development e.g. schools.
4- Inadequacies in land policies for providing land for individual
development (e.g. private housing).
Figure 9.3 shows the r elationship between problems of land
availability, government intervention and their weakness, and suggests
ways to overcome them.
The following proposal provides a framework to eliminate the above
weaknesses. However, any attempt to solve the problem of land
availability, must be proceeded by the following steps:
(a) A detailed inventory of existing land-use including the types of
land use, the intensity of land use and the areal distribution of land
uses. This would establish relationships between land and its use both
in terms of current patterns and historical trends;
(b) A detailed analysis of population including a forecast of the future
population along with its characteristics:
(c) A detailed analysis of economic activity including population
productivity, Income, consumer and government spending and income as
well as investment, trade and levels of employment and changing social
habits.
9.4.1 Public Ownership For Providing Land
390
The term 'available' means that land must be available in time, location
and price. Therefore, the following recommendation to facilitate the
availability of land should be seen in the overall context of the whole
recommendation-intervention through public ownership and public
investment, intervention through taxation measures, land-use
regulation and the general policies of providing land (The Direct and
The Indirect Process).
Direct land acquisition by the government is the only way to guarantee
that land will be available for public purposes in Saudi Arabia. Most
commonly, the government acquires sites for utilities, schools,
hospitals, other public facilities and for parks and recreation space. If
land is ac's ired in advance of needs, prices may be low since its value
depends, in part, on the provision of infrastructure. Often, however,
acquisition takes place well after the identification of need, when land
costs have been driven up in expectation of the value of future uses, as
well as by speculative pressures. Despite high costs, government has
also acquired land for housing and industry to compensate for the
inability or unwillingness of private enterprise to assemble land for
these purposes.
Since the Royal Decree (M55/6-11-1392 A.H.) governing the acquisition
of land for public use, local and central government has been authorized
to acquire land for public purposes. However, the examination of the
case study of Jeddah shows several weaknesses in the existing
legislation of land acquisitiun First the existing legislation does not
include methods to facilitate the advance acquisition of land. Second,
there is no formal administrative system to co-ordinate the process of
land acquisition between the various govern ment agencies at the local
.391
level which in return, indirectly, causes the increase in land prices and
lack of locational co-ordination for public facilities. Thirdly, the
legislation, generally, does not include any method or regulations that
can facilitate the creation of a publicly owned reserve of serviced
and/or unserviced land (Land Bank).
The recommended framework proposes a two fold approach (1) to
facilitate more control over the land market; (2) to build up a public
reserve of land. This approach aims to provide more access for public
authorities to the land market, to facilitate land at the affordable
price, at the right time and at the right place.
However, at the outset, two weaknesses must be alleviated before any
attempt to adopt the following recommendations, these are:
- Local municipalities should be the only local government agent that
has the power to acquire land for public purposes. In other words the
local municipality, since it is the government agent at the local level
concerning itself with and handling all aspects of urban planning,
should provide land for public programmes at the local level and
according to its preferences (local plans). This implies that other
local agencies and central government itself should go through
municipalities to allocate land for development (For the purpose of co-
ordination).
- In cases of clear public interest local authorities should have the
power of compulsory acquisition.
Pre-emption Rights
392
In a country like Saudi Arabia where physical developments are on a
huge scale but its planning legislation and physical plans have not yet
reached maturity, an approach which utilisies the concept of pre-
emption of various property rights, is essential in order to facilitate
land for development. In the case study, we found how the scale of
many development programmes had to be expanded or new additional
locations were needed under the pressure of rapid urbanization. Pre-
emption rights are a variation of the public acquisition of land and are
known as the right of first priority. This allows a public authority a
greater opportunity to acquire land where a private owner desires to
sell. Where such rights exist, the owner of the property must first
offer his land for sale to the public authority before offering it to the
public or other private parties. If the public authority expresses no
interest in the property then the owner may sell the property to a
private party.
Other advantages flow from the use of pre-emption procedures. It
permits public authorities to influence the private land market in
different areas through the purchase of limited quantities of land. A
number of these direct purchases can provide a basis of land prices
information in different areas which, in turn, gives the public a better
framework within which to pay compensation for expropriated lands.
Finally, direct purchase in the private land market is much swifter and
incurs fewer administrative costs than the expropriation procedure.
Land Readjustment Schemes
393
These schemes provide for the compulsory acquisition of land needed
by the public authority for development with compensation given in the
form of equivalent plots of land. The main objective of such schemes
is to facilitate adequate public facilities, to rearrange land uses and
create a more preferable layout. As compared with expropriation,
these scht-ines have the advantage of minimizing the liability of
compensation and time delay for the local authority while giving
increasing benefits to the community.
In the case of Saudi Arabia, these techniques will help (1) to reduce the
length of time for existing methods of compensation; land in newer
areas is mostly owned by the state and the high land price which is
used in the compensation process has created some financial
difficulties. Moreover the scheme can work in conjunction with the
Real Estate Development Fund to facilitate development of the new
sites. They can also help to reduce the negative side effects of urban
renewal programmes e.g. the breaking up of existing communities; that
is by providing an alternative site for the affected community.
Land Banking
Land banking usually refers either to advance acquisition of sites for
government use or to larger-scale public ownership of undeveloped land
planned for future urban use.
Increasing population and rising land prices give a strong incentive to
buy land for future government use before it is needed. The objectives
of advance acquisition are mainly to locate future public facilities
efficiently and to pay less for the sites.
394
Although transferring land from private to public ownership helps to
prevent premature private construction which must then be
demolished, to make way for future public use, for some future
facilities that need large or specific sites, advance acquisition is
almost essential, because earlier private development can easily make
later public use too expensive or even impossible.
To influence land-uses and prices, aside from advance acquisition for
future public uses, large-scale land banking has been recommended as a
way of providing public infrastructure and capturing tbe betterment it
creates. The argument runs that if the government could purchase all
land to be converted from rural to urban use and pay compensation at
agricultural value ( in the case of Saudi Arabia often desert value),
planners would be better able to direct urban growth anti the
government could collect the betterment created. If the government
were the only buyer of raw land for conversion, its offer price, backed
by the power of compulsory purchase at agricultural value, would help
to set a ceiling price for private transactions. The bank could service
the raw land, then sell the building sites or lease them if the serviced
land is to stay in permanent public ownership.
As local municipalities are the land managing authority in Saudi
Arabia, they could establish a land bank as a means of both retaining
part of the increased value resulting from community investment in
roads and services, and also make land available for essential
facilities. However, there are several problems:
- In Saudi Arabia it Is a common practice for an ordinary citizen to
apply to the King for ownership of a vacant plot of land that belongs to
395
a public authority. Such requests are usually entertained by the King
and orders are issued to release such land. There are presently a
number of sites that the Municipality of Jeddah is very reluctant to
disclose for fear that it may lose such plots. In these cases the
Municipalities should state that the needs of an individual cannot be
met in areas other than those suitable for the proposed development, so
that in the interest of the community, essential sites for future public
facilities are safeguarded.
- The government has to act before the information becomes public
knowledge and land acquisition is often a slow process. If the
government's land-buying intentions are kept secret, there is a great
opportunity for private trading with inside knowledge.
Compensation
The compensation system has an important influence on two aspects of
public land acquisition policy. First, it obviously influences the cost of
such programmes and therefore, is an important consideration in the
allocation and distribution of resources. Second, it may also have
significant planning effects. For example, an inefficient compensation
system may involve long delays which impede implementation; and the
level of compensation itself may influence decisions about where to
acquire, particularly if the compensation is close to or related to
market value. This brings in, as it were, the effect of the private
market through the back door.
In this context the policy of compensation in Saudi Arabia should be
viewed. The existing intention of the state to use the policy of
compensation as a way of distributing wealth, has unintentionally
396
contributed to the importance of the land market and property values.
However, as previously mentioned, any attempt to formulate land
policy measures should involve a comprehensive approach, to provide
alternatives where a compensation policy becomes impossible, because
of e.g. high land prices, unknown ownerships, lack of financial means,
etc.
Land Grants
This is the prime source whereby land has been made available for
development in Saudi Arabia. Land grant regulations, however, must
include the following conditions to maximize the benefit and prevent
existing abuses of the system:
a) Firstly, all the recipients of large areas (e.g. more than one hectare)
requiring subdivision should be required to contribute 50% of the grant
for public use. This would enable the local authority to reserve land
for public facilities or accumulate it in a "Land Bank" for redistribution
after installation of roads and services.
b) Secondly, individual, serviced plots (granted within an approved
subdivision) that are not developed within e.g. three years, will be
withdrawn by the local authority. This is in accordance with Islamic
traditions. Abu Yousuf ("Kitab-Al-Karaj") gives examples whereby the
Holy Prophet (S.A.W.) and Caliphas granted 'iqta* (land grants) which
were withdrawn if the land remained uncultivated (i.e. undeveloped) for
three years. Similarly Yahya Ibn-Adam ("Kitab-Al-Kharal) would
appear to suggest that such grants should be withdrawn from the
recipient if they were not cultivated (i.e. developed) after a period of
397
three years, and given to someone else. Mohammed Ibn Shall has also
expressed similar views ("Kitab-Al-Umm", 1903-1904).
Very recently the Ministry of Agriculture and Water withdrew 463
plots of land granted to citizens which were not developed by
recipients within the period specified at the date of issuance ("Arab
News" 29.5.1400 AH).
c) Thirdly, lithe recipient sells the land before three years, he should
be obliged to pay e.g. at least a minimum of 50% of the value received
to the local authority. Such funds could be utilized in paying
compensation elsewhere and discourage the grantee from using grants
for speculation.
d) Fourthly, granted land must be limited to a maximum of two
transactions, to prevent speculation.
9 4.2 Land Prices
One of the most influential elements in the process of development
allocation is the land price. In the case of Saudi Arabia the proportion
of land cost to the total cost of housing projects reached very high
limits, e.g. 100% in Al-Hammra district in Jeddah. Consequently, many
new or expanded community facilities, have been cancelled. Not only
that, but also the high cost of land promotes, with other factors, urban
sprawl. Two steps must be taken to influence land prices: (1) through
compensation, which I previously explained; and (2) land taxation.
Taxation Measures
398
Taxation measures are another form of government intervention In the
urban land and property market, for the purpose of plan implementation.
The assessment of any given policy depends on the political and
economical conditions for which they are formulated. The following
recommended forms of taxation are based on the above facts. Saudi
Arabia has adopted a general policy that the state should obtain the
necessary funds for public services and development plan
implementation from the revenues of national resources, since most of
the national resources are owned by the state, e.g. oil, minerals, etc.
However, a tax on vacant land can be considered as a penalty on owners
who leave their land unused and hold it speculatively, rather than a
means of raising revenue. It is in this context that taxation measures
can be intrui: ed into Saudi Arabia.
9.5 LAND-USE CONTROL
Since the early 1960's, the tools for controlling land-use have been
substantially modified, to facilitate the implementation of
development plans. These include:
1- Zoning and zoning ordinance;
2- Public subsidies (REM:
3- Subdivision regulations;
4- Provision of streets, water, and other services;
5- Building codes;
6- Applicable state and national legislation or regulations.
c
Figure g 4: Land Use Polices : Weaknesses and Suggestion
The weaknesses The suggestion
Lack of cultural and enviromental asspect in land policies.
Lack of policies to control growth and to privent urban sprwal and the conversion of agricultural land.
Modify existin zoning and building regulation to accommodate the asspect and to provid method and mechanism to facilitate modification -Conditional zoning ,special permits
and PUD.
Timing/Phasing urban development, the enforcment of zoning and through Real Estate Development Fund.
(
Lack of adequat enfocement policies Modify administrative procedures section 9.6.
399
However, the previous Chapter identified several problems still
associated with land-use control measures. These weaknesses can be
grouped into:
1- Problems associated with cultural and environmental aspects, e.g.
lack of privacy, social segregation, climatical uncompability...which
resulted from inadequate zoning regulations and building regulations.
2- Problems of uncontroled growth, e.g. urban sprawl, problem of
agricultural land conversion..
3- Problems associated with uncompatible uses, e.g. traffic, parking,
community facilities ,cultural problems such as pi acy,
The following sections propose a framework which takes the above
weaknesses into consideration, as well as the existing administrative
systems capabilities. Three proposals consisting of three
complementary steps: (1) modifying existing zoning regulations; (2)
timing/phasing of urban development; and (3) regulating the REDF
(Figure 9.4).
9.5.1 Timing/Phasing Of Urban Development
Chapter 3 of this thesis has dealt with the conditions which influenced
the pattern of urban growth and the outcome of improper urbanization.
It also dealt with the main trends of growth and the factors which
encouraged the direction of growth.
400
Timing and Phasing of Development is one way to control growth; five
reasons for justifying municipal control of the timing of development
are:
1- Planning for timing is essential to economize on the cost of
municipal facilities and services.
2- Timing of development is necessary for the municipality to retain
control over the eventual character of development.
3- Timing helps to maintain a desirable balance among various land use
types.
4- Without development timing it is difficult to maintain high quality
community services and facilities.
To control the direction of growth and reach the aspired future
structure of urban areas, master plans must include recommendations
about the phasing of growth on the basis of their projections and
within the lines figured out by the five-year development plans. In
order to control the growth there should be a legal instrument that
enables local authorities to achieve this goal. This instrument can be a
physical planning law and land subdivision regulations.
The Municipalities must have the power to determine the phasing of
growth and fixing priorities for these phases so that development
takes place in accordance with the principles laid down for this
purpose. Municipalities should also have the power to suspend
execution of any sub-division for the reasons related to the directions
of growth or the lack of public utilities.
It should be noted that one of the most effective devices for
controlling city growth and its direction, is by establishing public
401
utilities and providing services in the areas where development is
scheduled, in phase with the rate of planned growth. Conversely, to
keep the other areas unserved by public utilities until their turn comes.
Municipalities should strictly adhere to the scheduled phases while
Implementing public utility projects. The most direct impact of this
measure will be on the existing urban sprawl.
9 5.2 Real Estate Development Loans
The loans granted by the Real Estate Development Fund to the citizens
either in their capacity as individuals or in their capacity as part of a
moral entity contribute in encouraging the construction of buildings at
all levels and improving the physical conditions of the urban areas
This is an effective device if used properly for realizing a rational
policy for physical development. The following is an outline for
utilizing the role of the fund in land development to maximum benefit:
- The Fund should be managed by the land development department
under the authority of local municipalitities (rather than the Central
Ministry of Finance), to increase public control on the direction and
form of growth.
- The Fund should provide grants with conditions for timing and
location The grantee should be limited to use the fund during certain
specified periods of time and should satisfy the locational cnteria
which the municipality, based on its development plans, want
developme nt to follow
953 New Attempts To Control Land-Use Trrough Existing Zoning
402
The traditional zoning (Exclusionary Zoning) has been shown to be
inconsistant with the cultural and social habits of Saudi Arabia.
However, it must be emphasised that the principals behind the
Justification of zoning are accepted by the Sharia, the contradiction is
in the practice of implementation which is exclusionary by nature and
biased in favour of the rich.
For similar reasons, various alternative methods have been introduced
In the U.S. to eliminate the negative aspect of zoning, sub es
conditional zoning, contract zoning, performance standards, bonus and
incentive zoning, special permit, and Planned Unit Development._
Similarly, there have been a number of attempts to control growth and
regulate land-use through modifications of conventional zoning
techniques, in Saudi Arabia. One of these has been the Floor Area Ratio
and in some cases the use of Special Permits. Although these are
considered to be successful techniques in alleviating some of the
weaknesses of conventional zoning, e.g. social injustice, privacy, etc.;
they have been associated with some counteractive techniques, e.g.
minimum size lot standards (see Chapter 7).
Of these techniques, the most applicable to Saudi Arabia, given the
political mode • the administrative capability and the context of the
existing problems, are Planned Unit Development ,conditional zoning,
Special Permit and Floor Area Ratio ..
Conditional Zoning
403
Conditional Zoning is a technique by which development can be exempt
from the zoning regulations if the proposed use satisifies certain
conditions. These conditions are usually concerned with the general
characteristics of the area and negative side effects of the potential
use. The opportunities in implementing these techniques are:
- Facilitates the integration of various uses,
- Helps to promote individual attempts to preserve Identity,
- Helps the authority to implement current needs, which development
plans have not considered, and
- Facilitates the implementation of the general Sharia conditions
pertaining to land use control e.g pnvacy,(for more information about
conditional zoning ,see -Urban Growth Managment Systems, 1975,
Michael E. Gleeson).
Plymed Unit Development
There are probably as many ways to define the PUD as there are
drafters of PUD sections of a zoning ordinance. It may be spoken of as
a way to adjust development to the particular conditions of the land or
a method to ensure that there will be better design and more open
spaces In terms of the zoning ordinance, PUD provisions provide an
opportunity to develop land in a manner that does not fit into all use,
bulk and open space required of any of the standard zoning districts.
Most PUD's ha e involved a predominantly residential mix perhaps of
single family detached houses with town houses and possibly a high
nse apartment building Such a mix might not meet the customary
standards of height, minimum size lot, or dwelling type in any district.
The PUD is acknowledged as an effective system of up-grading the
404
physical environment of an area on a competi tive basis and serves as a
trend setter.
Regarding the approval procedure of a PUD scheme; the applicant has to
submit the requisite details of the proposed project to the competent
authority outlining the salient features, design concept and its
feasibility. The approval is granted if the design conforms with the
general land-use structure for the area.
- Local Municipalties in Saudi Arabia can use this method to depart
from the old, seemingly more rigid zoning system and permits more
adaptability by local ordinance to changes in subdivision, building
regulations and in general in the housing market; such a facility will
help to bring more balance to the closed segregation pattern of new
urban growth (see Chapter 8).
- Urban Sprawl has during the last ten years created a great deal of
vacant land; most of which isdifficult or unprofitable under the
existing conditions of zoning and subdivision. The PUD can overcome
these cirumstances and produce an exceptional design which can
integrate within the already developed areas.
- PUD is a form of comprehensive design approach to subdivision. It
implies more freedom in use mix and location; and provides scope,
potentially, to bring back some of the traditional identity which has
been lost during the last ten years in newly developing urban areas
such as:
* Neighborhood mosques
405
* Al-saha, small open spaces between housing, for children to play and
adults to gather, usually shaded.
* Corner shops
* Some unharmful uses.
Special Permits
Special permits are a means for conventional zoning to regulate certain
desirable activities. The special permit, also known as conditional use
permit, is used to regulate those activities recognized as desirable but
requiring special control. The zoning ordinance specifies all of the
conditions necessary in order for a property owner to qualify for a
special permit. For example, some municipalities use lack of adequate
services as the basis for denying permission to develop property. In
such an instance, the right to develop becomes a special use according
to the ordinance. In order for a developer to utilize the land, the
necessary services must be either in place or provided by the
developer.
By this method, developers in Saudi Arabia, can overcome some of the
negative regulations, e.g. Minimum Plot Size, Setback Regulation, etc.;
as %NEI as giving the local municipality the opportunity to provide
some of the public facilities and services.
Floor Area Requirments
A final change associated with traditional zoning has to do with the
height and bulk requirements. Certain areas have height restrictions,
to ensure that low density development occurs, and others may use
406
minimum lot size to ensure the same thing. Increasingly there is a
movement towards the use of Floor Area Ratio as a substitute for the
above techniques. The FAR allows the developer a choice to put either
a tall building on a small portion of the lot or a low building covering
more of the lot. As such, the FAR technique is part of a general move
towards attempting to modify conventional zoning to allow more
flexibility without needing to change completely.
Some of the Master Directive Plans in Saudi Arabia during the late
1970s have adopted the FAR method, but have used this in conjunction
with counter-productive traditional techniques, e.g. Minimum Lot Size,
Setbacks; and therefore the advantages of FAR, as it has been
introduced by the MDP, have failed to materialize. Therefore, if the
FAR is used as a regulatory method, some of the negative aspects must
be considered.
Y5 ADMINISTRATIVE STRUCTURE
The analysis of the present organizational structure of Government
Ministries and agencies at the local level indicate a number of
interrelated problems which severely affect the capabilities and
performance of existing policies and any policies proposals. However,
these problems almost disappear in Grade A municipalities e.g. Jeddah,
Makkah. Also, the Preferred Policies Framework requires certain
modifications and/or expansion of the existing system.
In brief, the existing problem can be classified into two groups:
Problems associated with lack of co-ordination; and problems resulting
from poor administrative procedure. Under the former, the problem of
407
co-ordination has two co-ordinational problems: problems of lack of
co-ordination between the various agencies at the local level; and lack
of co-ordination between local and regional authority. Under the
latter, the problem of administrative procedure results from the
absence of proper and efficient administrative procedure to control
development, especially in the area of land re :j • ,tration and land -use,
e.g. donation, sale, etc. The following proposes an administrative
framework structure and procedure of policy formulation, evaluation
and implementation.
9.6.1 Requirement Of The Administrative Structure
Apart from overcoming the present deficiencies, the administrative
proposal must recognize the requirement of the Preferred Policies and
must incorporate an appropriate range of managerial and organizational
skills to deal effectively with the implementation and enforcement of
the requirements proposed. Various aspects of the preferred policies
that have administrative implications are outlined in this section.
The primary aim of the proposed administrative system is to provide a
means whereby the existing and proposed policies can be effectively
implemented. Initial administrative action should therefore be
concerned to form two procedures: First, for policies review and
modification, for example, the failure of Jeddah Master Plan of 1973
caused by the failure to review and modify the existing policies to
accommodate the expected rapid urban growth. This process will
require delegated authority from central and regional to local in the
case of 8, C and 0 grade municipalities to enable the competent
408
authority to review and modify or change regulations-such as zoning,
subdivision approval, etc.
Secondly, the most recognized failure in the policies is lack of
regulations and machinery to enforce development controls. Therefore,
any proposed administrative procedure requires the support of
enforcement regulations. Also, the existing municipal committees for
co-ordination and evaluation should have a compulsory role instead of
the existing advisory role.
9.6.2 Recommended Administrative Structure
The proposed structure composed of two complementary parts,
together forms an umbrella organization which would be constituted by
representatives of concerned agencies and would formulate co-
ordinated policies and facilitate and monitor the implementation of
land policies. Also, it will work as an enforcement agency of the
policies ; the first part is working as an umbrella for co-ordination
between various government agencies of the local and/or regional
level; the second part concerned is with the implementation and
enforcement.
In grade A municipalities the existing administrative structure
contains committees for co-ordination and development control and
land management departments and committees (figure 9.5). Therefore
the proposed administrative structure for grade A municipalities
proposes limited changes and modifications in the administrative
authorities, responsibility and regulations . In the case of 8, C and D
409
municipalities significant changes are proposed amounting to almost a
complete new structure.
Administrative Structure For 8,1, And D Municiralau_
Figure 9.5 shows that the structure is composed of three sub-sections:
Planning Co-ordination Committee, Planning and Development
Department and Development Co-ordination Committee; Development
Control Sub-Committee and Development Control Unit.
Planning Co-ordination Committee
This proposed Planning Co-ordination Committee would focus its
activities on long range planning, including action and execution plans
and would ensure co-ordination with other ministries and departments
engaged in the task of development planning within the overall
development plan. Because of lack of skilled manpower at the local
level, the Planning Co-ordination Committee must be located at the
regional level.
Development Co-ordination Committee
The second committee, namely the Development Co-ordination
Committee, would focus its attention on tasks relating to
implementation, including inter-ministry/department co-ordination
and overall development control. The committee would be led by the
head of the Regional, Ministry of Municipality and Rural Affairs, since
the regional office is responsible for all physical planning issues of8
,C and D municipalities.
410
Development Control Sub-Committee
A sub-committee comprised of a senior representative of the local
municipality (the Mayor and his Vice-Mayor) and technical advisor and
dignitaries from the town and representative from the land
development department. This sub-committee should process special
cases, cases of appeal and cases where zoning changes are required.
Planning And Development Department
The existing Department of Planning and Development would be
reorganized structurally as well as functionally to provide the
necessary technical support in the overall planning process. The
functions of the PDD would include:
a) Preparation of action and execution plans, in the existing system
this is the task and the sole responsibility of the regional office with
limited participation from the local level. Because of the isolation of
the local level from the planning process, the local level is left
incapable of carrying out any kind of plan revision, e.g. land-use
changes, land acquisition, etc.
b) Phasing and programming of developments is also the responsibility
of the regional level in the current structure, whicrk requires the same
change at 'a', above.
c) Monitoring and revision of plans is the problem of all grades under
the current system. The two basic reasons for lack of monitoring and
revision of plans are lack of skilled manpower, and the gap between
411
implementation and planning. The latter has been solved by the
participation of private consultants in the day-to-day administration.
It is proposed to overcome lack of skilled manpower by the reorganized
structure, which links the department of DCU, the Land Development
Department and PDD by the 'application procedure'. The former will be
the task of regional and central levels in the case of lower grade
municipalities; in the case of grade A authorities, the task must be
delegated to the local mayors.
d) Pendering ad hoc advice on development control, e.g. planning
permission, etc.
e) Conducting special studies and liason with agencies/general public.
Development Control Department
A Development Control Unit should also be created to act under the
direction of mayors of local municipalities of lower grades (A"
municipalities have a development control unit for which the proposal
suggested improvements are proposed in the procedural aspects of
application and control methods) with the supervision of the Regional
Office. This would become the development control office for local
municipalities and would take specific responsibility for land
acquisition, building regulation and control, and formulation and
execution of development incentives. The staff should include town
planning officers, building inspectors, enforcement officers, with
direct linkage to land registry officers.
Land Development Department
412
The existing administrative system at the Municipal or regional level
(in the case of grade 6 and C Municipalities) for providing land for
development • is distributed among various authorities with no
coordination or integration. To control development and to provide both
the public and private sectors with their land requirements, and to
assemble land under one authority that undertakes coordination with
other ministries and local authorities for the redistribution of land
according to specific programmes, it is necessary to establish an
institution for land supply and land market control. Section 9.4.1.3
proposed a land banking approach to facilitate the availability of land
in the market for both public and private development.
Under the current system, there are two departments in the
municipality which are in charge of administering land transactions
and the associated Financial and Control Works Department of Land and
Compensation, responsible for processing acquisition and compensation
for all land needed for municipality programmes, e.g. roads, parks,
parking. The Department of Town Planning is responsible for
implementing the state land grants to private and public developer, and
preparing the required expropriation plans (see Chapter 6). Neither the
two departments have the to participate in the land market by
purchasing or redisposition of municipal land, nor the obligatory
authority to limit land acquisition authority within the municipality.
Finally, neither have the authority to implement. In summary, the two
departments are limited to (there are many other functions in the
Department of Town Planning, e.g. physical planning, urban design, etc.):
a) Registration and Claim Section: which deals with those cases of
Title Deeds involving arbitration.
Inter_Ministery and Departement Co_ordenation
Development Co-ordination Committee
Development Control Sub Committee
Applications Permits Pirmissions Special permis_ slon Enforcement
Development Control Local Mun iv i pa Ii ty
Land Banking Expropiation Land Supply,Grants,.. Land Regestration...
• Land Development Departement
•
Figure 95 ADMINISTRAIYE STRUCTIAL: PROPOSAL FOR CO-ORDINATION
ITHEMUNISUPALITY 14 MAYOR CASE
OF 13" C ", "D",THE REGIO-
AL DIRECTOR OF MAR
Inter_ Ministry and Departemental Coordination
1P larwiirig Co-ordanation
ittee
Appeals Special perm_ ission
Planning & Co_ordenation
Programming Execution Action Plans Monitring Timing of Development Revision... v
Planning Development Department
• in the case of B,C,D municipalities this function must be at regional level (becuse of skill manpower).
413
b) State and Donation Section: which supervises the sale of the
Municipality's land as well as the allotment of land donated or gifted
by the Royal Decree.
c) Title Deed Section: which deals with the finalization of Title Deeds
and establishing Rights of Ownership after detailed scrutiny and
examination.
d) Low-income Section: which receives applications from low-income
people who wish to own residential plots or houses in low-income
subdivision housing projects.
e) Estate Section: which receives complaints about encroachment and
unauthorised construction on private or public land and takes action for
clearance of such violations.
In order to facilitate land for public programmes and other public
needs, to provide land for private development, to intervene in the land
market to control prices and supply and to provide 1 nd reserves for
future need, measures such as land banking and other forms of
controlling totally or partially the right of individual owned land are
necessary. The proposed land banking approach, mentioned before,
requires an administrative system that can facilitate the
implementation.
It is necessary, therefore, to establish an institution or a bank for
public land. Its function will be to acquire land the aforementioned
methods in order to provide the land required for public projects and to
feed the market according to the phased development programme. The
414
proper timing and programming of the disposition of this land is of
vital importance so as to achieve the goals sought.
. The following are the functions of the Land sank:
a) Preparation and maintenance of a current inventory of all publicly
held property in the area, derived from whatever source (purchase,
exercise of eminent domain, gift, dedication, urban renewal operations,
etc.), with detailed information as to the characteristics of each piece
of property.
b) Detailed planning of the land needs of public agencies in the area (at
all levels of government), over a given period, perhaps 20 years, with
liberal allowances for unexpected development.
c) Careful screening of any land proposed for disposition to ascertain
suitability for meeting any of the listed needs.
d) Communicate with the agencies in charge of development control
such as the subdivision plan approval agency and the urban renewal
agency to determine their land requirements.
e) Identification, in so far as possible, of specific properties which
might be available for future acquisition to meet particular needs so
that they can be acquired prior to development.
1) Establishment of revolving funds for the systematic acquisition of
properties to meet future needs at times when particular
circumstances make such acquisition desirable.
415
g) Management and maintenance of existing property, lease or rental of
temporarily surplus property, and allocation of space among various
agencies in publicly held properties.
Development Controls Procedure
Zoning, building regulations and subdivision (Development Control) are
methods to control land development by two complementary
approaches: the technical regulations and the administrative procedure
for implementation and enforcement. Thus any proposed policies in the
above context are backed by statute and consist of dealing with
applications and plans and issuance of permissions and permits. These
are exercised by the competent authority (Development Control Agency
or Zoning Commission) through the application and enforcement of
planning by-laws.
Administrative Divisions And General Functions Of Local Municipality_
The existing system of development control distinguishes between
grade A and 5 and C and D municipalities. For C and D, the
responsibility of subdivision approvals, zoning changes and appeals are
shifted to the regional authority, where for A and 5 the whole
procedure is within the authority of the local municipality (see Chapter
Five). The following distinguishes the Sub-committee which in the
case of grade A will be under the local municipaltiy (figure 9.5). In
order to discharge functions related to development control each local
municipality, as competent authority, shall be responsible in respect of
the aspects below:
416
a) Interpretion of Planning Byelaws: The Development Control Sub-
committee interprets the planning byelaws to the individuals and
agencies.
b) Subdivision Permit: Based on the land use plans, the Development
Control unit issues a permit for the subdivision of land, provided the
requirements specified in respect of use regulations and zoning
regulations have been satisfied and that the proposed subdivision is in
conformity with any specific regulations laid down for the zone in
which the proposed subdivision is located.
c) Planning Permit: A Planning Permit must be obtained from the DCU
before any development occurs. It is a description of the proposed
development and other requirements considering title, expected users,
etc...
d) Building Permits: The DCU issues a permit for the erection of a
building on a plot provided the plan is in conformity with the zoning
regulations specified for the zone .
e) Discretion in Respect of Special Permit: Where a specific proposal
does not conform to the use regulations and zoning regulations, the
competent authority at its discretion may issue a special permit (on
limited time period or on a trial basis) for land subdivisions or building
erection or alteration, provided such an operation is in the public
interest and that such a proposal is not directed at individual gains or
public nuisance.
417
1) Permit for Repairs, Alterations and Additions: The DCU shall issue a
permit for major structural repairs and/or amendments, additions,
alterations or re-erections of a building provided the proposed repairs,
amendments, additions, alterations or re-erections are in conformity
with the use regulations and zoning regulations, and relevant building
codes.
g) Removal of Non-Conforming Uses: The DCU will remove non-
conforming uses. The competent authority will notify the non-
conforming uses suitably and adequately in accordance with
requirements of Non-Conforming Uses.
h) Interim Planning Permission: The competent authority may accord
planning permissions and permits in the areas not having approved
phasing programmes, execution and action area plans, provided it is in
the public interest.
1) Co-ordination with Other Agencies: The competent authority shall
co-ordinate with the Jeddah Planning and Development Department in
all technical, administrative and organizational matters.
j) The competent authority shall refer special projects/subdivisions
and cases of change In land use to Development Control Sub-
Committee/Jeddah Planning Development and Department.
k) The competent authority may refer cases of appeal to the
Development Control Sub-Committee and/or the Jeddah Planning and
Development Department.
418
1) Revalidation of Permits: The DCU fixes the period of validity of any
permit which may be revalidated after the expiry of this period.
m) Petitions and Appeals: The DCU entertain petitions of aggrieved
persons within the overall purview of the planning Nelms, and refers
such cases to the Development Control Sub-Committee and the Jeddah
Planning and Development for technical processing and advice.
n) Penalties: The DCU penalises owners of plots end/or buildings for
any violation in the construction and use of building and building/land
which are not in conformity with the approved plans.
o) Inspection: The DCU has a right to inspect with or without notice any
site or building at any time of the period of construction.
p) Cancellation of Permits-. The Dal shall have the power to acquire any
property should such an action be in the public interest. For this
purpose, the owner will be adequately compensated according to the
prevalent laws.
q) Fee: The DCU may charge a fee for the processing and issuance of
subdivision and building permits and completion certificates.
r) Completion Certificate: The DCU issues completion certificates in
respect of buildings after the necessary formalities have been
complied with.
Planning Permission
419
Planning permission may be an outline permission or full permission.
Outline permission is approval in principle, and saves the applicant the
time and expense of firming up detailed plans at an early stage. Also,
it gives the local authority an early knowledge of the kind of potential
development.
Planning permission is required for any of the following cases of
development which involve:
1) a significant change of use of land or structure or re-establishment
of a use which is not permitted in accordance with use regulations.
2) a significant change in the intensity of use of land or a structure.
Procedure
Application for planning permission shall be received by the
Development Control Sub-Committee. This Sub-Committee backed by
technical advice from the Planning and Development Department must
review cases in respect of:
1) use regulations, so as to establish whether the proposed
development would alter the character of the area or introduce
significant change into an homogenous area.
2) environmental hazards like fumes, noise, vibrations, smoke,
discharge of solid, liquid or gases which may have detrimental effects
on the surrounding developments.
420
3) social hazards which may be detrimental to the Islamic or
traditional life style and which may impinge on privacy of individuals
and families.
4) increase in land values in the surrounding 'developments.
5) any other location specific hazard.
6) programmes and proposals of the Jeddah Planning and Development
Department including land acquisition for public pitrposes.
After making its assessments, the Development Control Sub-
Committee shall make its recommendations which shall be executed by
the competent authority. The recommendations may comprise any of
the following:
I) the competent authority may be advised to give planning permission
with or without conditions.
2) the competent authority may be adivsed to refuse planning
permission.
Alapeals
The existing appeals system is not affected as we mentioned before,
because the aggrieved applicant under the existing system appeals to
the same board of authority which rejected his application in the
beginning; the only difference is that in his appeal procedure he
submitted it to the Deputy Mayor directly. Therefore, I see that it is
necessary and just to provide more independent authorities to evalute
421
the appeal. Thus, perhaps a tribunal is necessary to hear appeals from
potential developers who believe their plans have been delayed or
rejected without adequate cause. Such a tribunal would need to be
expert, local and prompt in reaching decisions. Although, it is
impossible to be precise about the composition of a tribunal of this
nature, it is expected that it should be comprised of, for example, a
senior member of MRA, representative of the local municipality,
member of DCSS and a local notable...(see figure 9.7).
Appeals may be made on one or more of the following grounds:
a) errors in interpreting the regulations,
b) gross inequities in the plan resulting in intolerable personal
hardship,
c) failure by local municipality to determine a submission within the
prescribed period.
Enforcement
Mary of the existing problems result from the failure to enforce land
development policies. Therefore, a system of enforcement is necessary
to control undesirable development and it is a duty of the Building
Codes Administration to identify illegal development. Construction
work undertaken without a prominently displayed permit may be
reported to the Building Codes Administration, who shall investigate a
complaint. A field check shall be made by a member of the Building
Codes Administration. The complainant (if any) shall be advised of the
result of the investigation.
Competent authorityauthority checks on execurtion and building lines
Competent authority takes action/imposes penalty for violalation.
Competent authority checks the completed structure
Competent Authority checks again-structural approval plan
yes
Applicant proceed on with completion work and informs competent authorit
Applicant complies
Figure g .i: Building Permit Procedure 427A
Applicant obtains information on regulations
Applicant submits plan to Competent authority
Competent Authority checks on completeness of application and plans and accepts plans for processing
Competent authority checks the site with respect No to timing and phasing for utilities Planning Permit
Comptent authority processes the plan and checks overall conformity with regulation
Ref us
No Applicant Modifies Plan.
Competent Authority gives permission and issues building permit
Competent authority issues occupancy certificate after all formalities have been completed
Occupant applies for occupancy certificate
Applicant applies for utilities connections
Competent authority gives completion certificate
Applicant starts execution and inform competent -2 authorityanml
Applicant modifie Match the lines with the approval
plans
On complettoo of Oath ieveZ 4gcnotrzt informs authority.
competent authority checks general conformity of structure with plans
On completion of first floor applicant Informs competent authority.
yes
yes
422
If it appears to the Building Codes Administration that construction
work had been carried out without a Planning Permit or Building Permit
or both, the SCA shall issue a Stop Notice prohibiting the developer on
whom it is served from carrying out or continuing a specified
operation. This notice may be served on any person having an interest
in the land and/or who is concerned with the carrying out of the
operation. The Building Codes Administration may also issue a Stop
Notice if a material change of use has occurred without permission.
The only grounds for appeal against a Stop Notice are that the
developer has already obtained the necessary Planning and Building
Permits. If such permits have already been obtained and the Stop
Notice is served, then the developer is entitled to compensation
according to the length of the stoppage involved. This compensation
will be determined by the Planning Appeals Tribunal.
System Of Examination Of Subdivision Plans And Issue Of Subdivision
Permits
The DCSC shall permit subdivision of a parcel of land or plot provided
the proposed subdivision is in conformity with the subdivision
regulations, in conjunction with use regulations and building
regulations specified for the district in which the proposed subdivision
is located ( Figure 9.5).
Procedure for Application for a Subdivision
Figure 9.6: Application Process For Subdivisions.
Obtain Information Check Timing of Development Apply to Competent Authority on Regulations and and Drainage Schemes and for Preliminary Planning Phasing from •----b'litilities-Water, Power, "---, Permission Competent Authority Sewerage, Telephone Found
Workable within Stipulated Time Period
Applies to the Municipality to — or Acquire Land
no
Applicant Applies at Competent Authority Checks Appropriate Time in that Application's Complete Conformity with Phasing and in Conformity with
Basic Regulations
yes
Applicant Ilakes Changes and Modifications as Required and Resubmits to Competent Authority
Ve3
Case Referred Back to Competent Authority oe with Advice on Required Changes
Competent Authority Forwards to PD for Processing
gelt
Application and Plans Conform to Regulations Land Dedication and Land Reservation for Facilities/ Services
yes
Applicat May Dispose Competent Authority Gives Case Referred Back to off Land and or Undertake4---Permission after Takii,g4-- ger• Competent Authority with His Own Development Over Possession of Dedicated
Recommendations
Land
423
The applicant must submit a preliminary scheme of the proposed
subdivision showing:
a) Key Map showing relation of the site with the city to a reasonable
scale showing location of all utility lines and roads around the site.
b) Site Plan giving dimensions and area of the site to a reasonable
scale and existing topographic and land use features.
C) Preliminary subdivision layout with dimensions showing:
I) roads and parking areas
2) parks and open spaces
3) facilities and services
4) land use.
d) Land use break down giving the extent and percentage of area under:
1) facilities and services
2) public roads and parking
3) other proposed land use.
e) Eroad zoning with respect to permissible use, height, and floor area
ratio.
1) An authenticated copy of the land deed.
System Of Examination Of Design Details
Submission of Plans
424
The procedural requirements for a building permit are given in Figure
9.7.
An applicant intending to erect a building on a physically identified
plot, shall submit in triplicate the following to the DCU:
1) Key map of the site showing general layout in relation to the city or
district or part of the area where the site exists at an appropriate
scale.
2) Site plan giving dimensions, width of road or roads abutting the
property to a reasonable scale (1:200 for plots larger than 400 square
meters and 1:50 for plots up to 400 square meters). This plan should
also indicate the entry and exit points, parking and where applicable
loading and unloading details.
3) a) Drawings to include plans of all floors inculding basements and
mezzanine floors to a reasonable scale.
b) Drawings showing elevations to a reasonable scale.
c) Drawings showing sections at appropriate levels to a reasonable
scale.
d) Structural drawings to a reasonable scale.
4) a) Utility plans to a reasonable scale, showing water, sewage,
power, telephone and wherever applicable telex lines.
b) Landscape plan to a reasonable scale showing details of surface
treatment.
5) Authenticated copy of the land deed.
certificate
Competent authority checks the completed structure
Competent authority takes action/imposes penalty for violalation.
Applicant complies
Competent Authority checks again-structural approval plan
yes Applicant proceed on with completion work and informs competent authority
c
( Figure 9_7 : Building Permit Procedure
Applicant obtains information on regulations
Applicant submits plan to Competent authority
Competent Authority checks on completeness of application and plans and accepts plans for processing
Competent authority checks the site with respect No to timing and phasing for utilities Planning Permit
Comptent authority processes the plan end checks overall conformity with regulation ]--
Ref us
No Applicant Modifies Pla •
Competent Authority gives permission and issues building permit
Competent authority issues occupancy certificate after all formalities have been completed
Occupant applies for occupancy certificate
Applicant applies for utilities connections
Competent authority gives completion
I
Applicant starts execution and inform competent authorityl
Competent authority checks on execurtion and building lines
On completion of plinth level applicant informs authority.
competent authority checks general conformity of structure with plans
Applicant modifies Match the lines with the approval
plans
On completion of first floor applicant informs competent authority.
yes
yes
425
Obligations of the Applicant
The applicant, or his agent engaged in construction activities on the
basis of a permit, shall fulfil the following obligations:
1) The applicant shall abide by the land use zoning and other
regulations and the approved plans.
2) The applicant shall inform the competent authority of the date of
commencement of ex nation operations for necessary inspection.
3) The applicant shall Inform the competent authority regarding
completion of plinth level and first floor roof levels for necessary
inspection.
9.7 IMPLEMENTATION ISSUES
A proposal has little value unless it provides a basis for action.
In this final part such a basis is established by drawing
together in summary form all those recommendations that
appear elsewhere in this chapter and require action of various
kinds. The previous recommendations can be classified into
three groups based on the motives behind them; these groups
are: (1) to facilitate the availability of land for individual
developments as well as public programmes; (2) to control
land use in a manner consistent with cultural and
environmental factors; (3) to co-ordinate intergovermental
administrative systems and improve development control
procedures.
426
In order to achieve sufficient control over land development
and Improve capability in modifying and/or formulating
policies,initial action should be aimed at developing the
existing government structure, and its personnel. It should be
staffed by administrators, who will enforce for example
zoning, subdivision and building code regulations fully and
fairly and have the ability to experiment with new ideas and/or
modify an old one, and that, finally and most importantly, the
system should be able to integrate these controls and
techniques into a coordinated and dynamic planning process.
For these reasons, prior to any action of adopting a policy or a
technique, the upgrading of the existing system comes first.
In the case of grade "A - municipalities, the ail linistrative
proposal does not include any structural changes and the only
requirement is limited to changes in powers and
responsibilities. These changes include:
1. All committees must have compulsory roles rather than
the existing advisory role .
2. To transfer the authority for implementation of land grants
from the Ministry of Finance to the Department of Land
Development. In addition, the proposed Land Banking must be
handled by the same department.
3. The existing Real Estate Development Fund, currently,
under the authority of the Ministry of Finance, should be
modified to ensure that the approval of application for housing
427
loans must be carried out jointly between the REDF and the
local municipality, to ensure more control on the re-direction
of growth.
4. Public programmes, e.g. housing, schools, mosques,
which are not under the authority of a local municipality in
terms of location, timing or implementation, together with the
general external features of the structure, must be approved by
the local municipality to ensure their compatability with the
physical pattern.
5. The Municipality Mayor must head the administrative
structure of the proposed co-ordination hierarchy, since the
Mayor in the case of this grade of municipality holds a rank of
"Minister" which provides him with wide ranging authority in
policy making as well as implementation.
Once the above five points are established, the administrative
structure will be better able to respond to the proposed
policies framework. The proposed policy framework approach
consists of four complementary fields:
* controlling the grant mechanism.
* providing a compulsory authority to acquire land from
the market.
* direct involvement by local authorities in the land
market through land banking.
* penalizing the witholding of vacant but serviced land.
428
All the above measures must be within the authority of the
Land Development Department.
The first impact of such changes would be on urban sprawl.
In the case of Jeddah, the area which has been covered by the
field interview shows that speculators, generally, hold on to
land for between one to two years before selling (this has been
confirmed by real estate agents). Over this period the
speculative gain is typically in the range of 30%-50%.
Consequently, a penalty tax on holding vacant land (say 5% of
its value) and sharing a percentage of the value added, will
significantly reduce delay in development and the huge profit
which exists at the current time. The second feature of the
proposal relate to timing and physical measures. The use of
facilities and other public st., vices will stop the activities of
premature development of land. Many of the interviewees
responded to questions about their developments which took
place at distant areas, by refering to lack of access to public
services and utilities; the high prices of land prevented them
from obtaining land at metered sites. Therefore, along with
land penalising, timing and limiting the number of transactions
of grant land; land banking by the public sector through the
facility which allows it to intervene in market will bring the
prices down.
I believe that, within two years, such action could virtually end
the existing situation of urban sprawl because:
*Most land owners hold land for one to two years , and
429
sometimes less,in response to the rapid rate of change
In the land market.
* Land prices experience their highest rate of increase
within two years ofthe sale.
* The policy of withdrawing land grants from grantees if
they fail to develop within three gears will bring an
end to speculation by grantee's.
The second problem facing urban land development is failure of
implementing public services because of failure to obtain land
at the right time and at the right prices. Along with the above
policies, the availability of a public reserve of land (land bank)
as well as the pre-emption device will help to facilitate
development. An administrative structure which provides
strong intergovernmental co-ordination will ensure improved
location and timing of service provision.
The third problem is associated with the existing system and
techniques of land-use control. The proposed policy concerning
this issue consists of two complementary actions:
(I) modifying existing techniques: (2) improve development
control procedure.
To change, completely, the method of land use control is not
feasible, therefore, the proposed policies recommend a change
within the existing policies.
430
The first main aim of modification is to bring greater social
balance to the developing pattern by introducing more flexible
regulations while keeping the overall parameters of the
existing zoning regulation; also by reducing land prices, low
and middle income groups are effectively given greater choice
over their location and development decisions.
The second aim is to improve the compatability of the urban
pattern in terms of privacy. Obviously, in already built up
areas some of the proposed policies cannot be implemented or
are only gradual in their effect e.g. setback regulations, high
rise buildings in single family areas. However, the situation
can be fully controlled in newer and undeveloped areas. Also
invasion of privacy as a result of nonconforming use can be
corrected, over time, through the operation of procedural
controls, e.g. building permit and use permit.
For the same reason it is almost impossible to implant the
environmental parameters (Chapter Four) in an existing built up
area. However, in undeveloped areas, the proposed
modifications to existing land zoning regulations, to
accommodate the environmental parameters and guidelines, can
be implemented.
We have seen that in detailed procedure for development
control, however, three main conditions must be established
prior to any attempt to adopt the proposed procedure.
43 1
1. Foreign consultants cannot undertake the role of
enforcement, hence, the only alternative is to train Saudis in
the administration of development control (see Manpower
Development).
2. The Development Control system should be able to
evaluate permits, each one based on its merits, to allow
methods such as conditional zoning and special permits can be
implemented.
3. The proposed procedural system includes an appeal
procedure, but the system for appeal must include an
Independent party who is a planner(s) skilled in the area of land
development control.
Once the administrative system esstablished ,the recommended
methods and technices must be adopted . However, essential to
the proposal is a requirement for trained manpower in the area
of planning. The following paragraphs look at this issue.
9.7.2 Manpower Development
The problem of skilled manpower to run the process of policy
formulation and implementation consists of two types of problems:
shortage in the quantity of trained manpower; and shortage in the skill
qualities of that manpower.
The higher educational system in Saudi Arabia has solved the first
manpower problem (i.e. quantity) The solution has been in the form of
432
five undergraduate urban and regional planning departments distributed
around the country which are producing a generation of Saudi planners
who will eventually fill the gap in the planning system of the country.
Almost all Saudi planners currently practicing in the various
ministries and governmental agencies were trained outside Saudi
Arabia, and/or in Saudi Arabia through programmes adopted from other
countries, particularly in the West. As we saw previously, Western
views on planning are often inconsistant with the cultural, social, and
religious needs of Saudi society for whom they plan and design. In
order to eliminate this problem, existing urban and regional planning
programmes should aim at producing scholars and planners whose
intellectual training and emotional development are geared toward
achieving a synthesis of Islamic values and modern scientific and
technological progress, all within the framework of Saudi development
needs.
Saudi Arabia is undergoing dramatic social, economic, and cultural
changes, due to rapid development, urbanization and the adoption of
modern technological innovation. To cope with these changes it is not
merely important, but essential, that Saudi Arabia develop a
programme through which students are not only expected to
demonstrate competencies in planning, but also to understand the rapid
dynamic changes produced by modernization and technology. These
students must also be able to adapt continuously to new situations and
to the emerging problems of the society in the framework of tradition
and Islamic values. From this point of view the significance and
importance of developing an urban and regional planning programme to
433
supplement deficiencies in existing programmes, is increased and
more evident.
Universities should include undergraduate and graduate programmes
which would create a generation of Saudi planners who would be
qualified to work in municipalities, governmental agencies, ministries,
semi-governmental organizations, planning departments, national
planning, and housing and planning consulting firms, with competence,
and knowledge of the institutional framework and planning system of
Saudi Arabia. The involvement of this kind of generation of planners as
urban planning consultants In the public, as well as private sectors in
Saudi Arabia, will contribute to the development and advancement of
land development.
The existing undergraduate programmes of physical planning, economic
planning, social planning...not only lack the knowledge of existing
situations in Saudi Arabia but also lack the content necessary to solve
the complex, emerging problems of the society, problems which usually
require an inter-disciplinary education. Developing an urban and
regional programme must include a multi-disciplinary structure which
will enable the student to understand the society's problems.
RECOMMENDED POL 'CIES
* No change
* No change
- Opligatory committees
- adopting regional offices and provid them with nessacery obligatory athurities.
- Land Development Department the only government agences has the athurity to optaind land.
RECOMMENDATION SUMMARY
To provide community facilties e.g mosque
EXISTING POLICIES
* Location identified in the Land-Use Plan,by local municipalityor regio- nal office-Ministry of Municipalities
* Ministry of Pilgrimage and Endowm ents informed
- Through the local advis- ory committees; or
- Through central govern- ment.
* Site Allocation, M.P.I. according to its implementation plan -phasing- tries to optain the site.
* The following action and results could take place:
- The implementation plan of the rel- vant authority may not conforming with the Master Plan.
- If yes; the rapid changt in land prices may stop the implementation or push thelocation to another site which may not conform with location criteria.
- If affordable, but owner refuses to sell, the authority lacks compolsary rights; or
- maybe the land had been sold which implies time to find the new owner ;or
- If found,due to all the apove obstacles and the lengthy oenteralised compen- sation system, the community remain for a conoiderable time without the facility ;or
- Because of the failure to control density the facility may fall short the need;or
- Because of the failure to control uses the location could become e.g hazardous to the user.
- the coordination at the local or regional level thronk Planning and Development committees.
- The intervention in the market by government through land banking, land taxation....will reduce the rate of change.
- local authourity has compulsory rights
- Pre-emption
- compensation procedure done at local level.
- The planning permit ,building permit ,and other enforcement procedure will provide more control on density.
- As above.
To maintain cultural and enviromental aspects to urban development pattern
EXISTING POLICIES
RECOMMENDED POLICIES
* Responde to cultural:
Existing policies co ntai ne standards, regulations,methods,most of which cntradict with cultural.
- Privacy: set backs, non- conform uses, mixed hights....all of which showes the inconcestancy with privacxy.
- Equality: the different in density, and standerds,....
- The mosque, the locational prblems,
Policies must respon to respond to the cultural criteria, include
Mosque Unity Privacy Equality
* Responds to envi ro ment:
Existing policies containe standards, regulations,methods,most of which cntradict with enviroment conditions.
- Solar gain: set Licks, the open space standerds,....
- orientation: the road pattern. - etc.
Policies must respond to climate, soil,...through:
+Combactness +Orientation +Building Form
RECOMMENDED POLICIES
The planning - id building permit corporal t t.onditions and penalties to insure the kind of use later.
The administrative structure provide coordination commettees to insure comformatu at the stage of planning as well i mm plementati on.
The recommended policies provide local municipalities with an oblegutary authority.
]prevent nonconforme uses- uncontrol density, vaiulation of_privacy, hazardous...
EXISTING POLICIES
* Once the building are built Municipalities has no control on the owner interms of the use of the structure e.g. the owner could obtain acommercial or a business permite, with out cosidration to the location and other building and zoning regulation, from Ministry of Commerce.
existing policies do not include procedure and method or...to coo rdi nat between government againciesAnd
policies do not include method and procedures to control the use of the steucture once built.
* Municipalities lack the authority and system to coordinate government project.
To Provide Land For Urban Development-Individuals
EXISTING POLICIES
*Individuals obtain land through the Direct Process or the Indirect Process.
Direct Process: Provides land for individuals by unconditional grants in terms of time of development and the right to sell, which in return encourages land speculation; and, most of the time grants located at sites that lacks public services. Together they result in the needy individual looking for their land on the outskirts of urban areas, resulting in urban sprawl.
- Indirect Process: Provides land for individuals through the land market which lack land price, location, and transactions controls policies. Nevertheless, the only original supplier of land for the land market are those who obtain state grants in large ezlates- dignataries-these grants lack the same controls of the Direct Process.
*The existing policy for providing land for individual needs results not only in urban sprawl but also in housing and open spaces shortages
RECOMMENDED POLICIES
*No Changes
- The rights to sell and to develop lands controlled to prevent speculation, by li miting the number of transaction and the time that the granted land can remain vacant.
- Various measures to facilitate governmental intervention in land market has been recommended, such as land banking, compensation procedure, readjustment schemes, etc. Also the rights of the grantee in terms of selling the grant or the time of developing it has been controlled.
438
CHAPTER X: CONCLUSION
The main concerns of this study are the land policies in Saudi
Arabia, their performance, their compatability with Sharia
values and teachings and their consistency with the physical
conditions of the country. Two hypotheses have been examined
and investigated. The two hypotheses are: (1) under rapid
economic growth and, consequently, rapid urbanization,
existing urban land policies are inadequate to meet the
pressures of market forces and to facilitate land improvement;
(2) existing policies have failed to produce an urban pattern
compatible with cultural and environmental conditions.
However, the two hypotheses imply two issues: (1) the issue of
land policies as measures, techniques, statements and
directives; (2) urbanization as a process which includes
physical and social changes, and the cultural and environmental
conditions within which the first and second issues have taken
place. The first hypotheses linked the performance of the
existing policies to the pressures of the urbanization process;
whereas, the second hypothesis specified the implications of
the inadequacies of the policies by hypothesising that the
policies have failed to produce a type of development which is
consistant with the physical and cultural aspects of the
country. The nine chapters have been designed, within the
above argument.
439
The thesis can be divided into three parts. The aim of the first
part, which includes Chapters 2, 3, and 4, is to explain the
urbanization process as a phenomenon that influences land
policies, to define the term "land policies" and finally to
establish the criteria against which land development and land
policies are measured. We have seen the urbanization process
and its impact on urban land, and how the nature of the process
could influence growth and the kind of policies required to
control growth. Using the Saudi Arabian experience, we have
seen that the case of Saudi urbanization is not exceptional as it
follows a similar model to that experienced by the developed
world during the 1950s and 1950s, with one difference, the
high speed of the process. In Chapter 4 we saw the kind of
physical environment which existing land policies have
accommodated, and the Islamic issues which are the main
source for cultural, social and legal conditions. The first part
concluded that the process of urbanization, in the context of
this study, should be seen as a main influence on land policies
because it generates demand and brings change to land and that
as Saudi Arabia is not exempted from this impact,
consequently, land policies to must be developed to control and
bring order to these demands and changes; however, in the case
of Saudi Arabia two factors must be considered manditorial:
Islam as a cultural and legal framework; and hot arid
conditions as an environmental constraint/opportunity.
The second part - Chapter 5 - contains three case studies,
which explain in detail the phenomenal urban growth in Saudi
Arabia, as well as facilitating an examination of urban
440
patterns, In relation to the adopted criteria. We have seen how
the physical pattern has changed and how this pattern conflicts
with the cultural and physical criteria, and has failed to
contain and to perform in a manner consistant with the first
criteria, planning objectives.
The third part of the study concerns the evaluation of land
policies, in relation to the conclusions on policy criteria from
part one. This part looks at the national and local context of
physical planning and then evaluates the land policies; two
issues came out of this part: the first is the outcome of the
evaluation of land policies, which concludes that land policies
have failed to consider the physical and cultural aspects of
Saudi Arabia as well as failing to manage land development in a
manner consistant with the planning objectives.
However, land policies cannot be seen as being isolated from
the general process of physical planning on its two levels, the
national and local, merely because land policies, in the context
of this study, are the measures which aim to implement the
physical plans. In other words they are the policy measures
which result from the comprehensive planning process at its
two levels. The second issue, as we have seen in Chapter 6,
concludes that the existing system of physical planning shows
two areas of weakness: lack of integration between its
horizontal levels and lack of co-ordination between its vertical
sectors. In other words, the existing system of physical
planning shows some weaknesses in considering social -
441
economic planning, and in incorporating the implications of
national planning at the level of local physical planning.
However, within the subject of this study and for the sake of
the analysis, the second issue is left at this stage, to be taken
up and completed by future research into physical development
and physical planning in Saudi Arabia.
The issue and scope of land policies have been defined
differently, by those who have attempted it. They have been
defined in economic, legal, or physical terms, or a combination
of these, while their scope has covered different scales; in
some cases their scope has been restricted to a minimum
whereas the legitimate concerns of land-use controls extend
goes beyond that to issues of housing projects, regional
development policies, urban planning control, urban government
finance, and urban government and central government
relations. Because of the lack of existing data, information and
most importantly, lack of previous research in the area, this
study has taken a more general approach to cover as much as
possible on the topic and to raise more questions than to
answer. The study, by doing this, establishes a base for future,
more specific research in the area of land policies.
The study has raised three main issues to be investigated. The
first, the Sharia as a source of legislation for land policies. If
the intention is to control and regulate land in a manner
consistant with Islamic legal parameters, future research
should look at the Sharia in terms of the contemporary issues
442
of land policies. The second, land policies, are a part of a
comprehensive process to develop urban land in a manner
consistent with national objectives. Therefore, without
understanding, or explaining the theory of physical planning in
Saudi Arabia, the attempt to examine land policies will remain
short handed. Thirdly, urbanization, is a process by which
various kinds of changes - technological, social, economical,
etc. have been brought to the urban areas, the Islamic-Arab
urban areas, and together have generated pressures on the
traditional theory of the physical patterns of Muslim-Arab
cities. The need to understand, analyze and assess these
changes is critical to the issue of land policy. Without a
normative theory, that is, without knowing how, the pattern,
the form, and the structure of the urban areas should be, land
policies cannot be assessed. This study has tried to understand
this issue in Chapter 4. However, this area requires more
research to assess the impact of urbanization on traditional
patterns.
The attempt to deal in this thesis with the issue of land
policies as a subject in the field of urban and regional planning,
has encountered several methodological problems.
The first set of problems are related to data availability,
whether from its primary or secondary sources. Information
conditions are, in general, improving in Saudi Arabia; however,
the opportunities for accessibility to data differ and are
sometimes impossible. Also, socio-economic as well as
physical data about land markets are limited and not always
443
accurately reported even when the process of data collection
has been accurate. There are also problems in the antipathetic
behaviour of the Saudis towards interviews and questionnaires.
This condition influenced the course of action taken to
facilitate the analysis.
The second problem is an old one, related to social science
research, the difficulties of quantifying some of the aspects of
policies and social and cultural issues, which inturn influence
the course of some issues of this thesis.
"Land is an important issue anywhere in the world at any time
in the history, but it acquires an even keener relevance in
today's developing world context. At this very moment, the
way humanity has organized itself on earth is undergoing one of
the most profound transformations in history. The population
on earth, which throughout history has been overwhelmingly
rural, will be by a large majority urban by the year 2000."
(Enrique Penaiosa, 1980, World Congress on Land Policy).
Saudi Arabia and the Gulf countries are not an exception, and
even though this study has concentrated on Saudi Arabia, the
rest of the countries in the area are undergoing the same
course of change and face similar problems of physical
development that is unplanned and uncoordinated, retarding
functional activities, creating bottlenecks, and investments
which may be partly or totally wasted. Therefore efforts must
come together for more and better understanding of urban
growth and urban change, so that land policies become more
444
effective and more related to cultural, environmental and
economic conditions.
445
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APPENDIX A
THE SAUDI URBAN SOCIETY
I explain the Muslim urban society. The Saudi urban society by all
means is similar to that in a modern context. Previously I
mentioned that Islam defines relations between the individual and the
community. Such Islamic concepts as neighbourlyness, collective
ownerships of certain resources, right of way and the concern for
safety, provide a foundation for definitions of the boundaries between
collective and private space. These can be contemporary and
evolving.
It is safe to divide the social pattern of Saudi Arabia into four major
urban social regions. The western region (Hijaz) with the higher
urban population. The central region (Najd), comes second in the size
of population and contains the capital of the country. The eastern
region (Al Hassa and Al Qatif), where the oil industry and the hugher
Saudi labour population. Finally, the southern region (Asser) with
the least urban population. This division is based on the cultural
differences among the various regions, which was brought to the
region by its physical environment and geographical location.
However, this difference, gradually are diluting because of the
process of modernization, which eliminates the above element. Any
way, the differences by no means include major cultural and social
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habits. There are, mainly, in relation to the differences in making a
living.
The Hijaz region Is historically very different in temperment. Owing
to the thousands (now millions) of Muslim pilgrims to the annual Hajj,
the Hijaz has long been one of the most cosmopolitan places on the
earth. Pilgrims come from all over the Muslim world and in earlier
times many stayed on, ultimately to be absorbed by the local
population.
Before the discovery of oil, the Hajj was Saudi Arabia's major source
of income. A great merchant class grew up in the major Hijaz cities
of Jeddah and Makkah, as well as in Al-Medina and Tail. Even after
the discovery of oil, Jeddah remained the country's principle
commercial center. For all these reasons the urban society has a
longer existence in the western regions. Where the other three
regions followed the path of urbanization and the creation of the
urban society starting with early growth of oil revenues in 1960s.
With modern communication facilties and other economic ties the
differences are demolishing and coming closer to the western urban
society. Therefore, the following description of the urban society,
is based on the western region. As previously mentioned, the
intention is to refer only to those cultural aspects which may have
had an impact on the urban land use pattern and urban form of the
Saudi urban areas.
The Family Concept
460
Islam is deeply rooted in the Saudies and it shapes every aspect of
their life, whether in their urban setting or rural life. This reality
is reflected in turn in family life. The urban community follows the
traditional extended family pattern, inherited from Arab tradition
and strengthened by Islam. The members of the family are loyal to
each other and to the community as well, which accounts for the
strong unity within the Arab-Muslim society. According to doctrines
of Islam, respect by children toward their parents from one
generation to another is also one of the most significant factors in
the extended family. It is not unusual among the Saudies that
members of three to four generations live in one house; there is a
continuous relationship from gandsons to grandfathers.
The extended family, provided the primary and fundamental
constituent in the structure of the larger community, acting as a
nucleus in the promotion and the maintenance of strong social ties.
The traditional family in Saudi Arabia urban areas was large, moulded
by Islam and Arab heritage, and living usually in one great house.
Every house in the traditional urban neighbourhood bore the name of
the family occupying and owning it, a custom still practiced in
present-day. In such a consolidated arrangement, the head of the
family was the ultimate authority in the house, followed by his wife
and his oldest son. In case of death of the patriach, the oldest son
becomes responsible for managing the family business and its public
affairs, while his widow is assumed the final authority inside the
house, assisted frequently by the oldest son and the oldest daughter.
461
Thus, community cohesion and a sense of belgoning were established
first of all at the primary unit, the extended family. Such an
atmosphere permited the residential quarters, forming thus a kind of
larger unit of the traditional family.
The Quarter Concept
A large number of the family-houses, usually between two and eight
hundred, constituted a residential quarter (harah). There were,
however, no clear physical separations between the quarters.
Boundaries between quarters are becoming now fuzzy, known only to
older men and no mor of the younger generations. The division of
the town into quarters merely served the purpose of easier
administration and orientation within the town. Each quarter had its
own leader (Shaikh or Umdah) who administered its internal affairs
by public consensus. Unlike some other Islamic regions, the
quarters of the Saudi town and cities do not represent any type of
social class segregation or ethnic groups. Also, they were not
protected by walls and gates which could be locked at night.
Because the residential quarter was composed mainly of family
housers, privacy and security were highly respected.
Symbolic but very important social gestures of sympathy assisted in
maintaining strong ties among the family houses on one residential
quarter, or even among the various quarters. Any celebration of
happiness of one family house (such as weddings, birth, homecoming
462
from a long journey, etc.) as well as its crises (death, sickness, etc.)
were collectively shared by the houses of the various families to
exchange presents and home cokked food.
This was the atmosphere in which the urban settler was born and
raised, an atmosphere that prevailed in Saudi Arabia until only two
decades ago. The then prevailing social life took thus the form of a
family life, governed by obligations, friendships and esteem for social
relationships. Disputes in the old town were solved within this
intimate family atmosphere.
Social Organization
The various residential quarters of towns represented nothing more
than parts of still larger family concept, the urban as a whole was
organized and administered according to the Sharia. The acceptance
of the Sherla law into such a heterogeneous cosmopolitan community
as that of Saudi towns was an effective vital step towards
establishing an overall social unity. Thus, like other Islamic cities,
cultural traditional evolved mainly from Islam. Where towns
experienced mixed population, with a large non-Arab Muslims, all
adopted Arabic as its common language. By sharing a common
religion and language the non-indigenous population was integrated
harmoniously and without social discard (Jeddah, Mekkah, Medina).
Broadly speaking, the traditional urban pattern of Saudi Arabia was to
a large extent similar to those of other Islamic and medieval cities,
463
yet there were various distinctive urban features which did not
conform exactly to the urban pattern models of the Islamic or Near
Eastern city as suggested by various scholars. Unlike most of the
medieval cities, the central space in western towns of Arabia was not
allocated to governmental and religious institutions, but rather to the
equal family houses, the residential quarter and the market area, the
suq. This might be attributed to the principal reason to their
existence, for instance as in Settan, ,tiith its pruimit),4 to 1.`n
City of Mekkah.
The status of the mosque In most urban areas was a case in point. In
most Islamic cities, the public life of the traditional and religious
society of the towns revolved around the mosque, in addition to the
suq. Nevertheless, the proximity to the Holly City of Mekkah and
Medina, for most of the western cities and towns, and where the
principle mosques of Islam are located, affected the status of the
mosque in those areas.
Similar to other early Islamic societies, such as the Abbasid capital
of Baghdad, Jeddah, Nekkah, Medina, Taff and Dammam populations
were cosmopolitan, diversified and with heternogenous ethnic
backgrounds, yet these populations have never been organized into
light parochial communities. The wealthier and more well-to-do
families resided near the center of the town, while the poorer and
less influential people occupied the fringes of the urban space. The
gap between the poor and wealthy Is often parly bridged by kin ties or
marriage or friendship relations; the latter then assumes the role of
464
protective patronage. Various families up and down the social scale
tend to be identified with particular occupations, and the hereditary
character of many skills makes it natural for the individual to accept
his allocated place in the economic scheme.
Within the towns' residential quarters, there was a relative absence
of craft and professional organizations and spatial grouping by
occupation. In addition, social segregation concept was not
practiced in the urban community. Ethnic groupings (Yamani,
Hadrami, Indian, Malaysian, Persions, etc. ) was more social than
physical, in that strong communal bonds existed among the members
of each ethnic group though they did not necessarily live in close
proximity to one another. Normally, each ethnic group had its own
firmly established resident chieftain, who had entirely assimilated
himself into the indigenous community.
The previous ethnic group issues, almost, does not exist in the Central
and Northern regions, where town and cities are much younger in age
from those in the Western region, has more ties that villages and have
no interest for migration from outside due to the harsh life in these
areas at that time. Considerable difference is apparent between the
social organization of those towns and cities in the West region that
have been affected for a longer time by modernization and migration.
The social organization in Central and Northern cities and towns
shows a general resemblance to that of the villages and, to a lesser
extent, of the nomadic tribes where kinship ties and control are
dominant. The pattern of life, in these towns is characterized by
465
paternal descent and authority, family loyalty, intralineage
cooperation, and residence of the extended family in a particular area
within the town. In those towns and cities in these regions, newly
arrived tribesmen, foreigners, and non-Saudi Arabs show little social
cohesion and group loyalty.
All these factors have deeply influenced the organization of the urban
system of the town. It would h p unreasonable to attempt to point
out a single criterion or principle for Saudi urban formation, the
allocation of aspace, and the positioning of the various urban
elements. The same can be said about the towns architectural
development which had been Influenced by numerous froeign
architectural traditions, yet culminating in a mature identity.
Saudi urban societies, diverse as they were, faced by multiple choices
and decisions. In creating their urban environment, they drew on a
treasure house of solutions, derived from a multiplicity of system,
cultural, religious, social and economic traditions.
The resulting urban structure, as well as the architectural tradition
was hence as varied and flexible as the cultural tradition. As one
would expect, the physical and ethnic qualities of the urban areas in
Saudi Arabia were inevitably shaped by the traditional social
organization, by the historical circumstances, by the cultural
preferences, by the available technical know-how, by the climatical
and environmental conditions and above all by Islam.
466
APPENDIX B
Economic Considerations
Saudi Arabia owes a great deal of its substantial arid rapid economic
growth to its richness to one natural resource, oil. Since its
discovery in 1938, oil has become the dominant source of economic
growth. The saudi economy has been and continues to be described
as a one-commodity economy, to indicate its heavy reliance on oil.
As Table 1 shows, the dominance of the oil sector can not only be
seen by its relative share in GDP, but also inits dominant share of
government revenues and foreign exchange earnings.
The GDP, at constant prices of 1969/70 increased from SR 13,336
million in 1966/67 to SR 41,641 million in 1977/78. After twelve
years, the annual growth was calculated, and found to be standard.
Real GDP per capita has also grown substantially. In the 1960s,
specifically between 1964 and 1969, the average annual growth rate
was 5.8 per cent. This rate more than doubled between 1970 and
1976, where the average growth rate was 5.8 per cent. This rate
more than doubled between 1970 and 1976, where the average growth
rate was 12.1 per cent annually.
The enormous increase in the price of oil during 1973/74 has the
greatest impact on this country on as the worlds major oil exporter.
It transformed the parameters of economic planning for the country,
rendered obsolete all prior projections, and gave the government the
467
problem of converting monetary wealth into improved living
standards for the people, on a scale, hitherto, unprecedented.
What was true for the country as a whole is true to a greater or
lesser extent for the regions and major cities within the country.
As the country's major port and reading center, the impact of Saudi
Arabia's oil-related boom is being, and will be felt in Jeddah as much
as anywhere else in the Kingdom. In this appendix we intend to
make some assessment of the changes that have been taken into
account in the economic well-being of the city of Jeddah, and to
Indicate where possible how these changes might have an impact on
some of the subvject areas discussed in detail in subsequent sections.
The consequences of reassessment will flow over to the detailed
physical planning aspects of the evaluation of pre-existing
conditions. However, one should bear in mind that the lack of recent,
comprehensive economic data makes it difficult not only to assess
the previous economic climate with any precision, but also to deal
with the existing and future trends. The following subsection focuse
on the period before the adoption of the Master Plan of 1973 and the
beginning of the implementation of the Master Directive Plan of 1979.
Economic Growth
The most common measure of economic growth is change in the level
of gross domestic product (GDP). This represents the value of all
the output produced in the economy in a given period - usually one
year - or, conversely, all the expenditures made to purchase that
output. In Saudi Arabia, because of the over-whelming size of the
466
oil sector, this measure is not a good indicator of change in the level
of economic welfare.
In the attempt to expand the rate of economic growth so quickly, the
Saudi economy generated an extremely high rate of inflation.
Measures of inflation are difficult to define in non-technical terms
and harder to calibrate, but prices as found in the shops and as quoted
by business are generally agreed to have risen by the order of 40-50
per cent in fiscal 1975/76. In the following year this rate had
declined to around 17 per cent and remain constant at 17 % until 1980.
The main cause of inflation is an increase in the money supply in the
domestic economy. To channel the vast oil revenues into the home
market, the government has been pursuing ambitious plans for
increasing its budgeted expenditure in all areas. Thus substantial
construction had been commissioned for housing, schools, hospitals,
etc. as well as large scale engineering projects like roads, airports,
docks, and desalination plants. Much of the material and all of the
plant required for this construction had to be imported, via port
facilities which, at that time, were inadequate for the unexpectedly
large demands being made upon them. This led to a shortage of
supply in many commodities, with the inevitable inflationary
consequences.
The effects of inflation of this magnitude on the economy are largely
undesirable; money itself becomes a commodity which it is unwise
to hold as its value is being steadily eroded. A better strategy is to
convert money into tangible commodities with an intrinsic value of
their own. Thus, the enormous investment in housing and offices and
469
buildings of all kinds that had taken place in Jeddah, between 1973
and 1977 is partly a consequence of this inflation. The fact that so
much of this building remains unoccupied or unfinished (during the
same period 1974-1977) can also be explained in the same terms.
The motive for construction was the conversion of one kind of asset -
money, into another - blocks and mortar, without undue importance
being given to obtaining a return on the latter, since no return was
forgone on the former.
From the physical planning point of vview, this inflation-hedging
construction boom has meant that the physical limits of the city have
been expanding at a rate previously unthought of. The problem of
controlling such development, the main issue of the thesis
hypothesis, are vast because the policies (mechanism) for screening
proposed new development does not seem to be able to cope with the
enormous momentum behind its construction. (See Chapter 5)
There are other consequences of inflation which tend to distort the
domestic economy. The impact falls generally on the poorer
sections of the society who have no property and few assets and who
find their real incomes continually squeezed by the relentless
progress of prices. In general, inflation of the size recently
experienced throughout the Kingdom is considered undesirable both
because of its adverse social effects and for the economic distortion
it creates which is patently harmful to the economy. In attempting
to bring inflation under control, the government has adopted a two-
prong attack; it has greatly increased the supply of goods - thus
reducing, and in many cases ending, the shortage of all kinds that
previously existed. On the other hand it has attempted to dampen
470
demand by keeping its own budgeted expenditure steady for three
consecutive years. The supply of goods has been expanded by a
substantial investment in port handling facilities, which has had a
special impact on Jeddah.
Because Saudi Arabia produces so little of its own requirements of
goods and services, virtually everything needed has to be imported.
The rise in the amount of imports has been staggering. Rapidly
rising personal incomes combined with rising international prices
contributed to an increase of about SR 21.2 billion in imports in 1976.
In absolute terms, the value of imports has trebled over the two-gear
period 1974-1976. To put this in perspective, the 1976 increase in
the value of imports was itself nearly 150 per cent of the aggregate
level of imports in 1974. For the private sector, imports have
expanded fourfold over these two years. This rapid increase in
imports took place over a period of severe port congestion. Now this
congestion and its associated delays have been eradicated so that
there is no physical constraint on imports maintaining their recent
meteoric rate of increase. Although no complete commodity
breakdown of the import total is available for recent years, such a
. breakdown is available for imports financed by commercial banks.
These account for about half of all imports and their share of the
total in 1975 and 1976.
To put these figures in perspective, it is worth noting that the 1976
Import bill represents the equivalent of between SR 3,000 and SR
4,000 for every man, woman, and child living in the Kingdom, or a
rough guess of about SR 20,000 for each household.
471
Jeddah is the Kinfdom's major port, handling over 50 per cent of all
the imports brought in. No recent complete figures exist, but
approximately 85 per cent of all foodstuffs brought in arrive through
Jeddah Port, and about 40 per cent of all construction materials.
Since the establishment of the autonomous Port;s Authority, the great
increase in the capacity of Jeddah Port has elminated the bottlenecks
and associated congestion which were such a notable feature of the
port's operation just two years ago. It is a significant achievement
that this increase in capacity took place at a time when the tonnage
being handled was rising quickly.
All the material brought through the port has to be moved to the point
of final delivery. This Is the distribution system and in this industry
Jeddah has an enormous comparative advantage.
Transport and distribution is already a large industry in Jeddah, and it
will continue to grow: it is also labor-intensive and therefore will
provide substantial jop opportunities, covering clerical, agency work,
unskilled warehousing labour, and semi-skilled workers, mostly
drivers and mechanics. Traditionally this industry develops large-
scale distribution centers where goods are stored, and inventories
maintained, prior to their disposal to retail outlets or consumers.
Until 1982, in Jeddah, there was little systematic warehousing or no
custom built distribution center. However, they were bound to come
in sooner or later and physical plans were needed to take acount of
their demands of land, access roads, etc. By their very nature they
will generate a considerable amount of heavy traffic, and the effects
of siting them in residential areas need to be carefully considered by
the planners.
472
Economic Development
The process of economic growth brings fundamental changes in the
economic structures of society. Where growth is slow, these
changes are usually predictable and easily assimilated, conversely,
when the growth is rapid, the changes occur sporadically, often
unpredictably. The system, in short, is always desperately striving
to adapt itself to the demands of a level of affluence that has already
been surpassed." This makes economic prediction difficult, as noted
above, and physical planning even more so, which in return, the
pressure on land development controls and various policy measures
become greater.
There are, however, certain propositions about economic development
which experience suggests, have general validity. As incomes,
personal and corporate, rise the pattern of expenditure changes in
ways which are suprisingly consistent from one country to another,
and appear to be independent of the actual rate of growth. For
example, beyond a certain level of affluence, preference for
expenditure on increased quality of housing grows faster than income.
The same is true of vehicle ownership and repair. At higher levels of
affluence the preference for leisure increases, and the demand for
leisure facilities grows considerably faster than income: similarly,
consumer durable, and specialist high-cost products face rapidly
increasing demand and retail structure which provides them, itself
takes on some of the characteristics of the leisure industry, i.e. the
surroundings in which the goods come are "services" for which the
affluent customer is prepared to pay a high price. Finally, as the
473
economy becomes more diverse and sophisticated, the financial
Institutions develop into an important industry, serving both the
corporate and household sectors. Each of these examples is
applicable to Jeddah, and important for the planning of the city.
Construction
Construction Is the fastest growing industry of any size in the
Kingdom. The figure in Table 5 indicates the speed with which this
industry has progressed. Of course, price rises do distort these
figures, but even in real terms construction output grew by 30 per
cent in the first year of the Second Development Plan of 1975/76,
which was twice the planned rate of growth. Much of this was
infrastructure investments, e.g. roads, schools, etc., but a
considerable proportion was private sector buildings of houses,
apartments, and offices. The construction industry is one of the
most effective outlets for the governments petro-dollars: because
the industry is such a substantial employer of labor, the money spent
on construction quickly moves on to the people in wages and payments
for services. For this reason, it is crucially important for any
economy, such as that of Jeddah, for which it provides the driving
force. Any substantial slowdown in the construction industry would
have a depressing effect locally, unless it was offset by increased
government expenditure elsewhere.
As already discussed above, these are strong incentives to invest in
dwellings at times of substantial inflation. This has been made
easier by the establishment of the Real Estate Development Fund
(REDO in 1974. In its first full year of operation the REDF disbursed
474
SR 7,469 million in loans on very advantageous terms, all of it to the
private sector. These funds have provided the means to invest in
construction and gave impetus to the motive. The result, however,
in Jeddah, is substantial areas of empty or unfinished dwellings,
which do nothing to relieve the housing shortage, because either the
rents required are beyond the means of all but employees of
expatriate companies or in areas they occur, which lack utilities
services. Because these buildings are seen primarily as an asset in
their own right, their over-supply on the housing market has not, in
Jeddah, had the depressing effect on rents that would be expected
elsewhere. Some of this extensive development is owner-occupied
housing, reflecting the growing demand for better and more spacious
living conditions which is a natural corollary of economic growth.
But owner-occupied housing still accounts for less than half of the 6
new dwelling in Jeddah.
VALUE OF CONSTRUCTION : (MILLIONS OF SR)
1973 1974 1975 1976
4,706 6,214 11,505 27,060
Because of the overheating of the speculative land market caused by
the building boom, the REDF ceased lending in 1977. It recommenced
business in February 1975, and in the next four months It approved
8,350 special loans for 12,000 units of housing. Since late 1975,
the average loan given has been SR 270,000 or about 177,000 per
housing unit. If these loans reflect average construction costs, then
475
the economic rent on dwelling units must be a minimum of SR 20,000
per annum, and in many cases much higher. It is clear from this
that, for the mass of unskilled and foreign labour living in the city,
such developments are irrelevant to their housing needs. This
accounts for the apparent paradox which exists in present-day Jeddah
whereby a chronic housing shortage coexists with a clear oversupply
of dwelling units. It also indicates why the government is building
low-cost housing at a rapid rate, of which the "rush" housing scheme
on Shara Sitten in Jeddah is an example. For comparison, this
scheme will produce rather less than 2,000 dwelling units; of the
12,000 housing units to have been founded by REDF in that year, 1.500
will be in Jeddah.
Consequent upon the statements in the above paragraph, there are two
quite separate housing markets in Jeddah. The one, low-cost rented
accommodation is and will continue to be provided by the government
directly; while the other, suburban villas and apartments will be
built either by middle-income Saudi's for owner-occupation or as
speculative development to be rented to expatraites as dwellings,
offices, or to remain idle if no customer is forthcoming at the asking
price. As the coming analysis will show, this situation, without
development controls is likely to result in larger areas of the
suburban becoming "ghost towns" while the overcrowding and
substandard housing of the most populated areas of the city will not
be relieved for want of suitable development land.
Vehicles
476
It is apparent that since the Master Plan was written, the number of
vehicles on the roads of Jeddah has increased much faster than anyone
anticipated. As in Europe and America, people in the middle and
upper income brackets have a strong linking for mobility, the same is
true for the Saudi's. Despite the enormous number of cars imported
in the last few years, car ownership rates were fairly low during
1973 to 1978, these rates have risen very rapidly since then.
From the economic viewpoint, the significance of this development is
that it creates a whole new service industry based on cars. From
glossy new garages to grubby back-street workshops, the steady
growth of the automobile service industry is already observable. It
is very labour-intensive and it will produce many job opportunities
over the coming years. It is also a very localized industry, which
means that most of the jobs, including the garages and workshops,
will be outside the central business district, spreading throughout
the suburbs.
Taken together, vehicle assembly, maintenance and repair, the
provision of spare-parts, and possibly their local manufacture, will
be a major industry in Jeddah. In planning terms, the significance of
this development will be that it is a localized industry. It is
typified by small units spread throughout the suburbs: small
workshops require relatively little capital Investment and have a
habit of sprining up in the most unlikely of places. The desirability
or otherwise of this kind of development needs to be considered by
land development policies. Finally, as expected, used car lots have
developed in Jeddah and are heavy users of land and need to be taken
477
into account in land-use planning as well as wider road and parking
facilities.
Financial Services
The important position that Jeddah occupies as the major trading
center for the country has led to its developing the ancilliary
activities of professional and financial services. Today Jeddah is
the financial center for the Western Region, and the most significant
center of the Kingdom, although not the only one, as for example
Frankfurth is for West Germany. Banking has developed only slowly
in Saudi Arabia, which remains prodominantly a cash economy.
However, this situation is changing rapidly as the banking and
financial services, which are indispensable to a modern economy, are
being increasingly provided.
Although Dammam accounted for the greatest number of cheques in
1975, Jeddah accounts for the bulk of the value. In 1975/76, 64 per
cent , by value of all the cheques cleared in the country, went through
Jeddah banks. This indicates that Jeddah, as the traditional
entrepot, continues to be the nucleus of the country's commercial
activity.
In common with most developing countries where the banking system
is not yet fully developed, currency in circulation represents a
relatively high proportion of the money supply. In 1975/76 currency
in circulation accounted for 44 per cent, and demand deposits 56 per
cent of the money supply. Quasi money, i.e. time, savings, and other
deposits which are not a liability on demand of the commercial banks,
478
amounted to only about 25 per cent of the value of the money supply.
While the relative weight of quasi money is not significant in Saudi
Arabia, it has shown a rapid growth. The level of deposits of all
kinds has been increasing fast3er than currency in circulation, so that
the latter, as a proportion of total money and quasi money combined
has declined from 49 per cent in 1969/70 to 35 per cent 1975/76.
Thus, it seems, banking is spreading rapidly in the Kingdom and that
there is plenty of scope for expansion. The significance of this in
the present context is that banking will provide substantial
employment opportunities, and if other finbancial services are
considered with banking, e.g. insuranc, then this is one of the faster-
growing industries in Jeddah. From the planning standpoint it is
important to decide where in the city these new facilities will
develop.
The central business district will clearly attract a lot, but suburban
banks will also develop. As people increasingly use bank accounts,
then the facilities have to be provided where the customers can use
them with ease.
This clearly rules out the central business district because the
congestion there makes It an inconvenient venue for frequent, small-
scale transactions. Instead the main banks will continue to operate
their corporate business downtown, while putting branches in suburbs
to cater for personal and small business accounts. The
establishment of such branches will generate its own business by
virtue of the convenience it affords. The siting of those branches,
however, needs to be a consideration in the planning process, because
of the additional traffic generated and the demand for land. This
479
development was not foreseen In the Master Plan, so no proposals
were made about the spread of banking. It is therefore a topic
which needs to be considered in the reviewing process to decide
whether banking can be fitted into recommendations concerning
retailing areas, or whether it should be allowed to develop in
predominantly residential areas, as seems to be happening now.
Retailing and Leisure
Both the quantity and the quality of retail and leisure facilities
demanded by the increasingly affluent population of Jeddah were
underestimated in the Master Plan. in revising that plan it will
need to be remembered that the pace of change in these areas makes
it almost impossible to establish rigid guidelines for development
with any success. In the particular area of retailing it is to be
expected that the demand will continue to develop for large-scale,
car-orientated, comfortable shopping centers, catering for the entire
range of needs. In the absence of development controls, these
would appear in the outer suburbs wherever they are needed, without
thought for the overall planning concept. Another example is that of
the specialist, up-market outlets, which can be located anywhere
along a major road. It would be a mistake to think, as the Master
Plan did, that the downtown area can continue to function as the
single, all-purpose shopping district. It has neither the access nor
the space to perform this function, and the developments over the
past few years in the suburbs indicate the most realistic assumptions
about the future.
480
APPENDIX C
The Development Policy of Jeddah Master Directive Plan
Neighbourhood Structure: emphasize the need to recognize the social
habits and culture, especially for those who came from rural areas.
"It is difficult for the individual to appreciate a sense of community,
the feeling of belonging to family or neighbourhood that he otherwise
might experience in a village of 5,000 or in as small a town of
30,000".
The lower income groups of both Saudi and non-Saudi communities are
often pressured into the same congested and overcroweded housing
conditions, in areas without adequate facilities for education, health
or recreational open space. A number of recent housing studies have
underlined the problem in various low income communities, as
indicated by the socio-economic survey of Jeddah in 1978 by Sit.
The Master Directive Plan has an important contribution to make in
terms of proposals for land use planning (particularly at the local
level), housing strategies, community facilities and infrastructures,
and in the components and design of neighborhood centers.
481
Most importantly, in intergrating various income levels, the MDP
stated "equal access to the public provision of services, in terms of
education, health, open space, utilities, transport, etc. ; and equal
enjoyment of a minimum standard urban environment, in terms of
space, planting, freedom from dangeous traffic, street cleaning, etc.
At the same time it is particularly important that the mosque
provides social focus and spiritual direction to the local community."
Number and Type of Dwellings: Total for 1978
Type of Dwelling Number Percentage
cottage/shanty 5290 3.0
Arabic Tradition 50968 29.0
Village/Palaces 13409 7.0
Apartments 93978 54.2
Other 9844 5.7
Total
173489 100
Source: Jeddah Master Directive Plan - 1970 - p.
482
Housing: the condition of housing in 1978, as the socio-economic
survey estated, a total of 173,459 dwellings. These dwellings were
cl;assified by type as recorded in Table 1.
The socio-economic survey recorded that 48% of dwellings were in
good condition, 32% in fair condition, 20% in poor condition. In
order to provide good housing for Saudi families a total of 37,720
dwellings, 54% of total Saudi dwellings in Jeddah, require renovation
or replacement (i.e. 23,874 fair condition dwellings plus 13,846 poor
condition). In the case of non-Saudi dwellings in Jeddah require
renovation or replacement (i.e. 31,717 fair condition dwellings plus
20,838 poor condition dwellings.
The demand for dwelling units of the Saudi and non-Saudi moderate to
higher income groups has been accommodated adequately by the
private housing sector, and it is anticipated that future demand will
be similarly catered for. The objectives of housing development is
to enable every household to have a decent, safe and sanitary dwelling
of a standard, consistent with its level of income.
A second fundamental objective without which none of the others can
be achieved is to develop the institutional capability and financial and
legal structures needed to implement and support a continuing effort
of housing development.
Commercial: in 1979 commercial activities, comprising principally
shopping and offices, occupied 163.13 hectares of land area and
483
1,407,900 sq. meters floor area in Jeddah in a ration of 1:0.86. This
distribution is reflected in their respective employment total of
18,600 and 57,000 respectively.
Due to a number of factors, such as access, land values, changes in
mobility and distribution of population, certain functions of central
area shopping have declined, particularly in terms of groceries and
consumables. In order to overcome problems of limited accessibility
eind at the same time locate nearer to the changing pattern of
population distribution, central area shops have extended along the
major radiating roads, such as Medina Road and to a lesser extent
Makkah Road.
The 1973 Master Plan proposed that this new growth be controlled and
located in two secondary centers. This has not been implemented,
and in the absence of any clear policy direction the problem of
accessibility to the central area is aggravated by congestion arising
from the pressure from shoppers parking along the spinal extensions,
as for example, along the Medina Road, south and north of Palestine
Square.
Present shopping patterns are strongly related to the availability of a
car. Since only a quarter of the population may drive or have access
to a vehicle, it is important that every effort be made to ensure a
balanced hierarchy of shopping facilities, in order to maximise their
availability to non-car users.
484
The Directive Master Plan proposed, the following shopping hierarchy:
- Traditional Central Areas: this will tend to change in function,
retailing less consumable goods, retaining certain specialist
functions, but adopting itself to the changing function of the
central business district;
- Extended Central Areas: this will be reinforced and extended
to form the linear spinal corridors. More effective control
of development will be imposed, particularly with respect to
access and parking.
- District Centers: these should be located with supporting
services to serve catchments of the order of 60,000 in
locations which do not compromise land use or road hierarchy;
- Local Centers: these should be located with supporting
services to serve catchments of 10,000;
- Corner Shops: these may be allowed within residential
areas at the rate of one shop per thousand population;
- Speciality Centers: Friday markets for example, may be
allowed for every 60-100,000 after examination of site
and other implications.
Office development has maintained two main trends; the development
of office activities in suburban locations using residential units,
instead of purpose-built accommodation, and the development of
office blocks, beyond the central area. In both, the problem of
congestion in the central area, make suburban locations desirable.
Another major problem is the mixed use of buildings, which violate
465
one of the basic cultural principals, privacy. "Office located in
residential buildings have the effect of causing environmental
nuisance in terms of parking of cars, noise, cleanliness/maintenance
of buildings and area. They also artificially inflate the value of
residential property, and disrups investment in that market. They
additionally reduce the availability of a significant proportion of good
quality housing stock, which otherwise might have been available for
middle and lower incomes. Therefore, every encouragement should
be given to reducing the incidence of offices located in converted,
residential property."
However, the DIV office policy stated that, 0.4 million sq. meter will
be located in the central area. Thus, office space will be provided
in purpose-built office buildings, very often as part of mixed
commercial residential buildings, but restricted to substantial plot
sites not less than 900 sq. meters. On-site car parking will be
mandatory at a standard of 1 car space per 50 sq.meters of office
ground floor area.
Small suites of offices will be encouraged as part of District Center
Development. It is anticipated that this will comprise some 0.4
million sq. meters, spread over local and district centers.
The existing office floor space of 419,200 sq. meters in residential
buildings should be reduced gradually by development of purpose-built
office blocks In the commercial areas.
486
Community Facilities: the DMP analysed the existing situation of
community facilities (religious activities, health and education) and
suggested that in the case of mosques; there will be a need for 320
mosques by 1991. However, it mentioned that the main existing
problem is the mosque locations. Most of the existing mosques are
located out of the communities walking distance. In the case of
Friday Mosques, the DMP mentioned that they are overcrowded in both
areas, low and high density. It is proposed that the location and the
size of mosques should be determined before the onset of any
development and it should be provided in any site before actual
development took place.
In the case of the community facilities, the DMP mentioned th lack of
community facilities as a general observation, in newly developed
areas; and the inadequacy in old ones. Schools, in general, are
located out of walking distances and in some cases they are
overcrowded. The general observation of schools are that most of
them are behind the standard, in terms of the size and facilities (play
grounds, etc.); due to land un-availability. In some cases they are
occupying rented buildings, which were not designed for educational
purposes (villas, apart building, etc.). The Plan proposes land
acquisition programs in the already developed areas, to provide for
such facilities, as well as proposing that any subdivisions should
provide site for community facilities, as a condition for approval.
Health facilities, generally, have no problems. However, due to the
lack of sites, some neighborhoods lack proper community health
487
clinics. The Plan proposes land acquisition programs for community
clinic sites.
Recreation and Open Spaces: at present the provision of both open
space and recreational facilities is critically inadequate, being less
than 1.5 sq. meter per person.
An analysis of approved subdivisions also reveals that very often,
particularly in the smaller subdivisions, future committed
development will be deficient in open space provision.
In terms of recreational facilities the current situation is equally
critical. While there are no facilities such as sports fields, air-
conditioned gymnasia, sports halls or swimming pools available at a
more local level for popular use.
Adequate locally based open space provision, is particularly important
in an extensive city area such as Jeddah, which otherwise tends to:
- prevent the majority of the population from enjoying any
day-to-day contact with the surrounding natural
environment and landscape
- make pedestrian crossing of primary roads more perilous
particularly for children, women or elderly people without
access to a car.
The Plan proposed to following:
488
Active recreation: up to district level
-
toddlers require small play areas within about 100
meters of their home
- kindergarten and school age children require play-
grounds and informal 'kickabout' areas, that can be
safely reached within five minutes walking distance of
their home
- teenage children and active adults require more
organized games facilties such as may be found in a
sports complex (to include air-conditioned gymnasia,
Indoor ball courts and swimming as well as externally-
located football pitches). This should be provided for
every district of 60,000 people.
- passive recreation: up to district level
- all age groups require local park facilities within five
minutes or so walking distance of the home, either as
parents accompanying children to a local playground,
or as individuals or families wishing to stroll, relax,
be sociable.
_ all adults benefit from sociable visits to a favourite
shaded square, planted promenade or outdoor cafe
'rendezvous', which should be easy and convenient to reach
within the district.
As well, more specialized needs of individuals can probably only be
met outside the district. For example, in terms of:
489
active recreation:
- teenagers and adults may wish to take part in
activities such as club football, basketball,
ball games, sailing, diving, fishing, horse
riding, etc.
passive recreation: up to metropolitan level
- teenagers and adults will no doubt wish to
make leisure visits by car to the croniches,
major urban and greenbelt parks also to major
leisure facilities e.g. aquaria, zoos, etc.
More extensive areas of land should be reserved for regional
recreation outside the metropolitan boundaries for both passive and
active recreation, for example enjoyment of the Hejaz escarpment for
picnicing, rambling, rock climbing, etc.
The higher density areas of the city are generally the most critically
deficient in any kind of open space. Therefore, priority for open
space provision at the district and neighborhood level needs to be
given to the older urban areas, and to parts of the city away from the
coast at the metropolitan and regional levels, and consideration needs
to be given to opportunities which lie outside the normal planning
boundaries of the city, for example:
490
The concept of a Red Sea National Park extending along the
length of the Tihama from Yanbu south to Jizan to both
conserve the littoral and coral reef, and to provide
controlled public access.
- The concept of a northern extension to the Hejaz
Escarpment Regional Park, to both conserve the natural
environment and provide recreational facilities for the
Tiaf-Makkah-Jeddah sub-region.
Utilities: the major utilities are provided for the convenience of the
public and to safeguard public health. In order to fulfill the first
condition, it is desirable that these utilities be extended to supply all
residents within the metropolitan area, and that adequate supplies be
available to satisfy demand. For the second condition to be met, it
is essential that the utility be comprehensively designed, and
installed to the highest standards and specifications, and
professionally operated and maintained.
Various factors influence the application of the above solutions, in
terms of both the amount and rate of application. These factors
include the availability of finance, the extent of dispersal to
development in the outer areas, the backlog of older areas within the
city which have yet to be services, the availability of sources of
supply, and the possible use of utility provision of services in
developing areas may provide further constraints.
The DMP prepared the following policies, for servicing Jeddah:
491
1) All dwellings within the existing developed urban area
should be connected with the water, sewage and electricity
systems, have an efficient refuse collection service, and
have telephones available upon request.
2) Areas of dispersed development, and areas of new
development should be served in accordance with a staged
development plan, in order to inhibit dispersed development
and to facilitate early servicing of planned development.
3) Subdivision approvals should not be granted until the
developer has shown that the land concerned can be served
by all the utilities, and that provision has been made for
flood protection. Approval should include the fate before
which the land may not be developed.
4) Funds for each utility should be allocated separately to the
servicing of existing and of new development, funds for
servicing existing development should be used immediately
as they become available. Funds for servicing new
development should be released in phase with the staged
development plan.
492
APPENDIX D
FIELD SURVEY (Interview)
Purpose of the Survey
The main purpose of the survey was threefold:
1) to understand and explain the behaviour of Saudies in terms
of their physical social behaviour.
2) To explore the direction in which these patterns might change
under the pressure of urbanization and growing wealth.
3) To understand and explain the market behaviour.
4) To collect some information and data about the urban land
administration system (to overcome the existing shortage
in the written material on the subject).
Survey Method
The survey results are based on the analysis of material from three
different sources:
1) Selected interviews conducted at the end of January 1984 in
Jeddah, Makkah and Yanbu. These interviews were with Saudies
and expatriates, and covered range of income and age groups.
2) 4 number of interviews with senior Saudi officials and planners
493
was also undertaken at the end of January, 1984. These
conversations took place In Jeddah and Riyadh and the Industrial
Complex at Yanbu.
3) Three interviews with real estate agents, conducted at the end
of January, 1984 in Jeddah.
The survey has no pretensions to being comprehensive or to having
yielded statistically significant results.
Areas of lack of data and information has been defined and based on
them the interviewee had been chosen. These areas are:
A) Land Market
1. Land prices changes
2. Main actors in the market
3. Behaviour of the Actors
4. Government actions influences on the market
0) Local Municipalities Personnel
1. Their qualifications
2. Their understanding to Master Plan'land policies.
3. Authority
4. Numbers
C) Social Physical Behaviour (in terms of location, attitude)
494
1. Leisure time
2. Business time
3. Religious time
495
Appendix E
Moslem-Arab Towns
The following is an attempt to follow the Arab line of thought on
urban in a later period when Arab civilization had developed to the
degree which enabled it to form its own measures and theories on
urbanization.
The Residential Unit
For this analysis, the house represents a cell within the urban whole.
The Arab world for house is sakan or maskan; it is related to the work
skainah meaning peaceful and tranquillity. The inward looking
maskan, open to the calm of the sky, made cool by the element of
water, self-contained and peaceful, the deliberate antihesis of the
harsh public world of work, warfare and commerce, is the place where
the early Arab family found its sakinah. The shape and form of the
early Arab house are the outcome of several effective factors; such as
Islamic philosophy and tradition, available building materials, family
social life, and climate.
Islamic Sharia is fundamentally hostile to luxurious dwellings and to
lofty ones, which are symbols of pride and arrogance. Thus, the low-
built house is characteristic of early Islamic-Arab settlements.
496
The organization of the Moslem family required that the house should
provide maximum privacy and protect its dweller from the eyes of the
outsider. These requirements led to the development of a 'double
circulation system or the division of the house into salamilk and
haramlik. Under this system, male friends of the dweller were to be
received in the salamlik leaving the haramlik as a private family
sanctuary.
To achieve the 'double circulation', several solutions were adopted in
the house design. In some houses with a single court, the haramlik
was generally raised a few steps above the rest of the house. Some
other houses were planned with two courts, one for men a salamlik,
and the other for women, a haramlik on the yupper floor. The court in
this house form was entered from the ouside by a passage with one or
two turnings to prevent the passerby in the street from seeing in (fig.
1). The complex of the constituent buildings were arranged so as to
secure the maximum privacy required. This oriented the house away
from the street, receiving its light from the inner court. The
windows and roof were constructed in such a way as to prevent
anyone intruding unseen into the intimacy of his neighbours life.
Whenever windows were opened from the outside walls, trellises or
mashrabiyyahs were projected on them. These mashrablyyahs served
to satisfy the curiosity of those who were indoors and could no be
penetrated by the indiscretion of those who were outside.
497
To deal with the regions climatic problems, different measures were
developed. Correct orientation was observed, whereby rooms of the
house were opened into the patio or court facing the direction of the
cool breeze. The court itself with a fountain in the middle and
sometimes a tree, offered a tranquil and cool atmosphere that
contrasted sharply with the hot burning street outside. Various parts
of the house were to suit the different times of the day and gear.
Semi-open spaces were for coolness and breeze, and closed rooms
with no external walls for shelter from the noon-day sun. Good
shading is also shown in the grouping of houses, in which the least
possible wall area was exposed to the sun. Cool air circulation was
well developed, good examples being the malqaf (trap of air), and the
salsabil (a system. for dropping water in a pool in the house's court
through a corrugated surface to cool the air). Correct illumination
without gloom or glare was pleasantly provided by the mashribiyyah.
A significant trait of the early house form which affected the urban
scene is its very simple street facade and bare walls with minimum
decoration, except for the lattice-work mashrabiyyah in houses of
later period. In this regard, the simple facade of the house contrasted
with its interior richness and comfort, which in one way signifies the
dwellers appreciation of comfort in preference to a care for the
external appearance.
The Residential Quarter Of Harah
498
The conposition of residential quarters on an ethnic basis appeared in
cities of pre-Islamic origin. In the cases of newly-founded Islamic
cities the Arabs settled by tribe, each having its own quarter, which
Introduced early nomadic Arab social values Into urban life. Thus, the
development of the qurater as a social, political and physical
phenomenon was consummated under the Moslem domination.
In the later middle ages, the quarter phenomenom was fully developed,
where Islamic-Arab cities became divided into districts called
harahs, mahallahs, or khittahs. Many of these quarters maintained a
solidarity and were closely-knit and homogeneous communities. Each
district retained a special character.
The solidarity of some districts was based on religious identity. Each
of the Christian, Jewish, Armenian and Maronite peoples had their own
quarter. Among the Moslems, different ethnic or social groups lived
apart. There were quarters for Turkmans, Persians, Kurds, and
Bedouin in process of sedentarization. For the dominant Arab-Moslem
population, common village origin unified some urban districts. The
solidarity of some other Moslem quarters depended on sectarian
religious affiliations. In this case, there had been no prior unity of
race, origin, or family, but unity had grown out of the eventual
association of the whole quarter with the school or madrasah and
under the leadership of the sheikh.
There was also an economic basis for the homogeneity of particular
quarters. Some were named after a market or craft. A common
4,39
occupation often gave these quarters their special character. Mills,
lime works, brick kilns, dye works, and tanneries drew workers into
separate districts. There is no evidence, however, of any radical
separation of economic classes. Quarters were communities of both
rich and poor.
The solidarity of the quarter was reinforced by the important social
and administrative responsibilities which developed upon it.
Administrative responsibilities extended to police functions as well.
Social and administrative cohesiveness naturally extended to
communal defense. In insecure times, when theives, bandits, civil
war, or invasion threatened, the quarters barricaded themselves
behind great doors, closed off the thoroughfares to the rest of the
city, and hid themselves from attack. But, however cohesive within,
the quarters were not isolated ghettos, but adjacent streets and
districts within the cities. Only in times of trouble, not in their daily
life, did they impose a quasi-physical isolation sealing themselves
off from each other.
Each quarter, being a small fortified self-sufficient neighbourhood,
was able to live independently when necessary (fig. 2). It contained
its own mosque or church or school (madrasah), public bath
(hammam), small local market (suweqah or small suq), and perhaps
workshops, especially for weaving. Characteristically, these
elements were phyiscally isolated from the bustle of the main central
city markets (the great suq or bazar) and their services were limited
to their own quarter.
500
However, it was not a rule that every quarter was a real unit of social
organization, or had an identical economic base, or was physically
bordered. In some cases, a large area containing more than one
quarter was the unit of effective social action, or presented an
economical function, or had a physical identity. Therefore, quarters
or harahs were neighbourhoods within the urban whole, but their size
varied.
Religious Institutions
In medieval Islam, religion, law, education and government were so
integrated that an orthodox Moslem would hardly try to distinguish
them as separate entities. Therefore, the classic jami mosque was to
function as a religious entity, a court of justice, and an intellectual
and educational center. It was also a place of secular activity, such
as eating and drinking, as well as providing recreation for many
people.
The jami mosque being the hub of the city, was in general
appropriately placed at a rectangular crossing of two main
thoroughfares, where the plan of the city permitted. its integration
with the rest of the city and the narrowness of the streets
surrounding it, determined its form.
The jami mosque did not have any obvious elevation except for the
entrance portal. But it has other identifying signs which characterize
501
its form. These are the minaret and the dome. The minaret was the
tallest structure in the city. It marked the skyline of the early urban
scene.
As the cities expanded and the need for public services multiplied
accordingly, most of the jami mosque's functions were transferred to
other departmentalized buildings converted to such usages, but
always in close proximity to the mosque.
Learning Institutions
Learning and the manifestation of piety were inseparable in Islam.
Institutions of Islamic learning started to function in the early days
of Islam. Ribats were originally places where defenders of the faith
gathered, but they also had an educational mission. Khanqahs were
particularly for the Sufis. Zawiyahs were places for religious people
to live in. By the time of the early Mamluks, there was no great
differences between one and the other, and the application of the term
monasteries for the three kinds is justified.
Monasteries were occupied by Sufis and ascetics. Many were
strangers, mainly from other Islamic regions. Some were independent
ascetics, others were members of one tariqah (order) or another.
Such tariqahs were numerous in the Moslem world, and by the 13th
A.D./7th A.H. century they had become well organized. There were
also special convents for womes. The monastery developed into an
institution of learning and merged into the school or madrasah (fig.3).
502
The Ayyubids and Mamluks had both educational and political special
interests and they built as many schools as they could, and encouraged
others to build them all over the Islamic cities.
Commercial Institutions
Markets, bazars or suqs are the arena of urban economic life. Each
medieval Arab city had its markets; the larger the city, the bigger the
markets. Larger cities, such as Cairo, Damascus, and Aleppo had to
provide goods not only for their populations, but for the countryside
as well. The amount of trade in such cities permitted the existence
of different suqs of different sizes in the same city. Besides the
main suqs, other secondary small ones, or suweqahs, were to serve
the local needs of differenc residential quarters or harahs.
Urban markets appeared in different forms; among these are the
spontaneously developed suq (fig. 4), the architecturally designed
qaysariyyah and khan, and the open market place or maydan.
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