The Local Planning and Building Ramat Gan will be convened soon to change the policy plan 38 . This follows the publication by the Attorney General was given yesterday (Monday), which were rejected both political and transitional provisions, since they negate the city's plan 38 , against the law.
The policy, set forth at the end of April this year, states that "a request NMP 38/1 (Strengthening and building, EM) and -38/2 (demolition and rebuilding, EM) localized on one plot, approved an exception and for reasons to be recorded, just where that does not prejudice the possibility of planning complexes existing or future, only depending on the state of public infrastructure in the area and taking into account the financial and budgetary forehead of the city's regular budget and development. Also taken into consideration humanitarian concerns and the number of active construction sites nearby. "

In July this year provisions were beyond the implementation of this policy, determined that the programs did not adapt the system to the record date, will be subject to the new policy; Applications accepted by the system and have not yet been discussed, not subject to the new policy, but they will be examined under the rules formulated that policy; Applications submitted and discussed by the local committee, but has not yet made the matter a final decision will be examined by the standards of the old policy, but they are billed opinion of planning by the developer and approved by an engineer Local Committee that the exercise of the permit does not preclude the possibility of advance planning complexes in the spirit of the new Policy; Whereas the applications approved in principle, if not yet issued building permits for which - do not apply the new policy.
Builders Association Builders country petitioned June Administrative Court against the local committee Ramat Gan and Attorney General, Attorney Eyal mother from the Cane CO. The petition claimed that the union local committee has no authority to issue permits NMP stop 38. According to the petition, the head Ramat Gan Municipality, Carmel Shama-Hacohen, did not present a professional decision support and follow populist motives for giving election promises.
More about real estate and infrastructure

The legal debate Attorney General was asked to bring his position on the issue, and indeed that was filed yesterday (Monday) through Administrative Department Director District Attorney Tel Aviv citizens, Attorney Karen Yost and Attorney Iska Fisher-Joseph.

"Attorney General's position is that, in general, a local committee may determine for itself policies on the operation mode discretion hearing applications for a permit under the plan 38 or programs approved power, and it is appropriate that it does so. However, this policy should be reasonable and comply consistent with the provisions and objectives of the plan, which, as we know, in the presence of a lawyer, "the report submitted to the court. "The policy of the local committee in question, according to which the requests will permit only in very exceptional cases, inconsistent with the provisions of the plan that is supposed to apply. This policy is unreasonable and disproportionate. This policy, which negates almost overwhelmingly permits expenses under the plan, is not based on a professional position with regard to tolerance in various different areas of the city, or the relevant parameters. In addition, this policy is not based on a weighing of all the planning considerations, and therefore difficult to see a document correctly outline planning policy, but no more than a statement of direction for policy. "
And concluding that "in practice it seems that the policy as determined negates the provisions of the plan, since it brings the realization of its minimal tailings and rejects many apartment owners interested in strengthening and protecting their apartment the opportunity to do so. Therefore, the Attorney General believes that this policy cannot be considered as reasonable in terms of the manner of exercise of discretion by the local committee in accordance with the authority granted to it and cannot stand. "

The two compare the policies discussed in court the previous detailed policy approved by the municipality of Ramat Gan in 2017, based on the extensive work done in the city to locate the data and needs, which the city was divided into sites, which have been priorities for urban renewal programs or strengthening structures according to plan 38; and indicate that the current policy decision, there is no expression planning diagnoses parallel.
As long as they rule out the parameters set by the local committee for the purpose of an exception of the application for a permit under the plan relating to the financial situation of the city, and miscellaneous same parameters mines, for a specific project plan 38 is not intended to change the financial condition or the municipality's budget; Even humanitarian concerns local committee noted in its decision are not clear and exceed the design world.
 
The transitional provisions which would also have required two attorneys wastes no less our position than the policy itself "is sweeping, leaving only a small minority of cases outside the scope of the new policy in a way that takes into account correctly the various interests, and it is doubtful if he notices properly between stages of ripening various applications different. "
President of the Association of Contractors and Builders of the country, Raul knit responded that "the words of Attorney are clear and resonant. The policy should be determined under the plan, but the policy level also Maiiint completely NOP, so it is unreasonable, and I hope that the court will adopt the position this ". 

"Early and excessive celebration" 
And the mayor of Ramat Gan, Carmel Shama-Hacohen, commented that "contractors are celebrating the Honor Attorney General's response, but it is premature and excessive celebration. Honorable Attorney General gave a different interpretation of the decision of the local committee, but not part of the essence and congratulated her worries Authority infrastructure and planning before and alongside the construction of apartments.
"At this moment served a court orderly, and we intend to consider making adjustments to the spirit of the position of the Attorney General.
"Our message, which raised public gardens gave him the confidence framework mayoral election, went well: the plan without supervision celebration is over. There is no place in Ramat Gan approval Tama point in the absence of appropriate infrastructure. Never intended to completely reject any request NMP. However drafting changes to municipal policy, we will.
"As in all matters, even in this respect I undertake to act in accordance with my promise to the voters and to do all I can to prevent approval Tama point without the appropriate infrastructure. I am sure that the honorable Attorney General and courts do not give them the destruction of the city in Israel. "
Please say inter alia that "the local committee studied the position of the Attorney General, and asks that she be granted the possibility to reconsider its decision regarding the adoption of the policy of updating, and in so doing - to consider making adjustments to the resolution in light of the remarks of Attorney General opinion submitted.
"It should be given such an option to the local committee to reconsider the new things under the circumstances - the position of the Attorney General - and make adjustments as needed. Ultimately, the local committee is entrusted with the local planning area, is the competent authority and it is responsible ".