The proposed plan, backed by Jerusalem businessman Hani Abu Dayah, calls for adding two floors to an existing stone building and constructing a new four‑story building above an underground parking structure on the adjacent yard. The total building area would reach 3,274 m², featuring 12 residential units plus commercial and office space.
In the objection, submitted by attorney David Botesazan of the law firm Balter, Guth, Aloni & Co., the Holy See is described as a sovereign subject entitled to privileges and immunities like any other state. “Given the unique and important nature of this land belonging to the Holy See, and since during each of the Pope’s visits to the Holy Land he resides at this site, the plan must be rejected as it contravenes international treaties now part of Israeli law,” the document says.
It warns that “if implemented, the planned construction would be higher than the neighbouring Holy See buildings, including the southern part of the property, thus potentially causing constructive harm to adjacent structures, blocking sunlight and views, and materially impairing the value of the Holy See land. Such damage could even affect religious and prayer activities requiring peace and privacy.”
According to the city’s planning engineer’s review, the plan exceeds building rights for this area under the At‑Tur Master Plan by proposing a floor‑area ratio of 253 per cent instead of the permitted 110 per cent. The engineer recommends reducing coverage to 145 per cent and aligning with the master plan guidelines.
Attorney Yazeed Kwear, representing Hani Abu Dayah, questioned the Vatican’s conduct. “All our neighbours built four‑story buildings overlooking the apostolic compound, and until now the Vatican’s office in Israel did nothing and even cooperated,” he said. “Firstly, their objection was submitted late, and I’m sure the Planning Administration approved it only due to the Foreign Ministry’s intervention. Furthermore, nowadays planning committees do not accept arguments of view or sunlight blockage. Blocking construction infringes property rights.”
From the Jerusalem District Planning Committee: “This proposal is in the objection phase; we cannot comment at this time. Like every objection, this one will be heard, deliberated and decided by the committee.” Jerusalem Municipality confirmed that the Vatican‑appointed representative’s objection, relating to land north of the proposal, was partially upheld by the local planning committee on May 1.