Defeat in Ramat Gan Municipality: The Tel Aviv District Court accepted the petition of the Association of Builders of the country against the Local Planning and Building Ramat Gan, stating that the new urban policy in relation to the plan 38 - is canceled, and the municipality will act quickly to consider applications for permits plan 38 projects delayed For a long time.

"I came to the conclusion that the determination of the new policy, the local committee had exceeded its authority, ignoring the fact that the base plan 38 is eminent purpose and importance of the protection of human life, which her worthy to shine on any decision power," Judge Ethan Orenstein. "Local Committee has become the permanent default plan 38 that rule is, granting the request for a permit under the plan, that the permit will be granted an exception. Thereby extending the discretion granted her refusal to permit an application that sets a high hurdle to impossible for a permit before the plan 38. In determining the criteria that are anchored in NOP 38 such humanitarian considerations and budget. Shift the smooth construction and individual compounds not in accordance with the plan and without defining what this compound. "

Ornstein added, "I am not convinced that the new policy relied on the factual and legal planning or adequate manner conducive to the conclusion that the decision also exceeds the bounds of reasonableness. There is no choice but to cancel the new policy."

Ornstein added that he was aware of the plight raised by the local committee but stated that solutions to these problems is not a new policy to alternative mechanisms.

The local committee was required to pay court costs of $ 35 thousand shekels and states that it will consider all applications for granting a permit under the plan 38 detained late October 2018 date for municipal elections within three months.

The petition, filed through attorneys Dana Fried and Eyal mother from the Agmon & Co. Rosenberg Cohen & Co. last June, asked the Association of Builders of the country to cancel the policy is a new city and to order the municipality to discuss any requests submitted to it and has not yet been discussed since the election in October 2018.

Since he was elected mayor of Carmel Shama Hacohen last election for mayor of Ramat Gan, the priest told her mother that does not continue the permissive policies of the previous regime, which allowed the construction of many projects of Plan No. 38 in the city, regardless of existing infrastructure and the implications of additional housing units the city and its residents. as a result, the municipality approved the restrictive policy after the elections the possibility of realization of such projects plan 38 individual buildings, for projects "Mthmiim" including a number of buildings which are to be sold as a single unit that will allow adding the appropriate infrastructure.

Among the arguments of the petitioners received Orenstein, the local committee has announced that it will favor projects "Mthmiim" without defining what compound or several buildings includes.

According to the contractors building the city, the new policy is illegal and contradicts the government's policy to allow residents to defensive moves against earthquakes through the national program to strengthen buildings against earthquakes - plan 38.

Ramat Gan Mayor Carmel Shama said in response that he had instructed the city's legal consultation to appeal the decision to the Supreme Court. "With all due respect to the judgment as long as I am mayor will sign the permit only if we have education and transport infrastructure" said Shama Hacohen. "Each application for a permit location lacking infrastructure, education, transport and recreation will be refused. Wants to court in Israel to take responsibility for destroying the quality of life in the city of Ramat Gan invited honorary judges examine their own permits and sign them themselves. Celebration of the contractor on the basis of a judgment is wrong is a serious mistake on their part for the celebration Tama 38 Returns None infrastructure Ramat Gan ended with the decision of the voter and no judicial decision will not change that. knew every entrepreneur and every resident of every building permit application investment dropping and breeding the inhabitants unanswered amount of infrastructure is an investment in the antler ".

President of the Association of Builders country Raoul Serugo said in response: "The court said the word and it is standing by the construction industry and the public in Israel who need certainty in planning will allow to create projects that protect against earthquakes and missiles and save lives. The court's decision unequivocal is binding precedent which states that mayors and local committees cannot prevent more construction framework plan 38. this decision, along with an agreement between the housing and finance the extension plan 38 3 years produces the same certainty that we requested and allows programs and projects that are currently in the process of work, to be carried out and start working on new projects as part of urban renewal. the The Association Builders of the country will be available to the Ramat Gan Municipality to assist in planning a new policy that will allow to carry out the plan 38 projects and plan the neighborhoods in which ensuring appropriate carrying capacity of the infrastructure that will be required of them. Cooperation can be reached within a public right planning of projects implemented ".