Planning System in KSA

Mandeli (2011) indicates that the planning system is a direct product of the KSA political structure. Several local scholars (e.g. Neyazi, 2007; Mahard, 2010; Mandeli, 2011) depicted the administrative structure, its various levels and agencies, responsible for planning and development in KSA (see Figure 3.2).

3.2.4.1 National Level

At the national level there are two bodies of regulators (primary and secondary), each having the power to enact planning regulations and to control the process of spatial planning. The primary regulator is the King. The King approves all laws, treaties and concessions, as well as the national budget, all of which are promulgated through royal decrees. These laws and decrees then form the basis of planning legislation in the Kingdom (e.g. Alkhedeiri, 1998; Aazam, 2004; Neyazi, 2007; Mahard, 2010).

The King acts as the ultimate source of judicial, regulatory and executive authority (Aba-Namay, 1999; Raphaeli, 2003).⁶ The King’s authority can extend to the local level. For example, he has the authority to change zoning regulations, SR and even building codes in any part of the Kingdom.

6 The King retains the right to hire as well as dismiss the Crown Prince, COM members, CC members, governors of the regions, ministers and mayors (Alkhedeiri, 1998).

Chapter Three: Subdivision Control and Land Subdivision Development Process in the Saudi Arabian Context

The Council of Ministers, chaired by the King, is responsible for the formulation of policies for internal matters as well as the national budget. The council is comprised of the King as the prime minister, the Crown Prince as the deputy prime minister, three royal advisers who hold official positions as ministers of the state, and the heads of 23 ministries and provincial governments (Federal Research Division, 2006).

The Majlis Ash-Shura, or Consultative Council, was established in 1992. It is considered the indirect primary regulatory body. The primary function of the Majlis Ash-Shura is to provide the King with advice on issues of importance in the Kingdom (Alkhedeiri, 1998; Aazam, 2004). It was created to represent the needs and problems of Saudi society, including issues related to spatial planning they may have passed their initial consideration. The council presently consists of 150 members appointed by the King for a four-year renewable term (Aazam, 2004).

As shown in Figure 3.2, under the Cabinet, there are three levels of government

Figure 3.2: Administrative structure and hierarchy of the planning system in KSA.

Source: Adapted from Abdulaal and Aziz Rahman (1998).

Context

administrative bodies, at central government level. They are authorised to interpret laws formulated by higher institutions, and issue directives, resolutions and ordinances to implement them. These are enforced through circulars, even though these may not have direct legal force. The second level is the administrative level, which includes provinces and regional branches of the ministry. The lowest level in the planning is the municipalities (e.g. Alkhedeiri, 1998; Neyazi, 2007; Mahard, 2010).

The second regulatory body consists of two parties. The higher regulatory sub-party was established in the 1970s as the Ministry of Economy and Planning (MOEP). MOEP is in charge of national development planning and the national economy. During the last 30 years, MOEP has adopted nine National Five-Year Development Plans (NFYDP). The objectives of the NFYDP are to ensure equitable and fair distribution of development and welfare of the citizenry (Alkhedeiri, 1998; Neyazi, 2007; Mahard, 2010).

The second sub-party for the regulation of the built environment in KSA was established in 1975 as the Ministry of Municipal and Rural Affairs (MOMRA). Before MOMRA was established, particularly in 1953, KSA cities were organised by the Directorate of Municipalities. The directorate was created in the Ministry of the Interior, elevated to the Department of Municipal Affairs in 1962, and to the Deputy Ministry of Interior for Municipal Affairs in 1965. Later, the Deputy Ministry of the Interior for Municipal Affairs was upgraded to an independent ministry under name MOMRA (Mashabi, 1995; Mandeli, 2008). The ministry is concerned with spatial planning (urban and rural issues) at the national, regional and local levels. It determines all the administrative duties and roles of the municipalities and municipal councils at the local level (Alkhedeiri, 1998; Mandeli, 2008; Mahard, 2010). The MOMRA consists of six deputy ministries, the most important of which is the Deputy Ministry of Town Planning. This deputy ministry is mainly responsible for spatial planning activities in the country (Mashabi, 1995). MOMRA has five major planning responsibilities, according to Abdulaal and Aziz-Alrahman (1998), who describe them as follows:

1. Planning and development of all cities, towns, and villages, including the formation of a higher planning law. The planning and development process includes the approval of master plans and zoning regulations for cities, revisions or amendments to the master plan or regulations, preparation of SR guidelines, adoption of guidelines by all KSA cities, and review and approval of subdivision plans in KSA cities.

Chapter Three: Subdivision Control and Land Subdivision Development Process in the Saudi Arabian Context

2. Management of municipal services, such as providing environmental health and protection services to all people.

3. Land administration in both internal and external urban areas.

4. Coordination development in rural areas, to ensure that many projects and programmes are planned to raise the overall standard of rural life.

5. Specifying the administrative duties of municipalities.

3.2.4.2 Regional Level

The regional level consists of two secondary executive authorities: the provinces and the ministries’ branches (Alkhedeiri, 1998; Mandeli, 2011). In 1992 the King instituted a royal decree dividing KSA into 13 provinces. Each province is under the authority of the Ministry of the Interior (MOI), and is headed by a member of the Royal Family (Amear) (Federal Research Division, 2006; Mandeli, 2011).

Regional offices have been created under each ministry at the national level (Alkhedeiri, 1998). The main idea for the regional agencies was to create a means of decentralising function within their region, improve the ministry’s works, and response to the needs of towns and villages (Mashabi, 1995). In terms of the subdivision approval process, the MOMRA regional offices have not been involved in the process since 1970. Instead, the plat or plan is normally sent from the municipality, after review, to the Deputy Ministry of Town Planning in Riyadh for final review and approval. In 2007, this process was again amended by the MOMRA. The amendment delegated that Class A municipalities (see next paragraph) would review and approve the plat within their individual planning departments, without sending the plat to the MOMRA. This is discussed further in Section 3.3.1.5.

At the local level (see Figure 3.2) there are two authorities: the municipality and the municipal council (MC). Both authorities were created under the control of MOMRA.

In terms of spatial planning, code enforcement, and review of subdivision plans, city municipalities play those roles at both the national and local levels. According to Abdulaal and Aziz-Alrahman (1998) and Aazam (2004), the main task of the municipality at the local level includes organising and planning their cities, establishing and managing parks and public open spaces, monitoring urban development and urban beautification, adopting SR, and reviewing plans. These roles are stipulated by the Planning Laws of 1941 and 1977. Municipalities in KSA are categorised into four ranks

Context

– A, B, C, and D – according to their functions, responsibilities and independence (Mashabi, 1995; Aazam 2004). Class A municipalities are large cities (such as Jeddah) with a population over 300,000 people. These municipalities have a direct link with the ministry; the municipal mayors have complete authority to manage and control their own affairs and services, except for those matters which must be approved by the minister.