Attorney Aorith Carnovsky, Attorney Hila Gabai-Zeituni, calcalist.co.il

Municipal elections were held in October 2018 in Ramat Gan, represent a significant milestone in terms of urban regeneration projects in the city. The selection announced the new mayor Carmel Shama, that depending on the substrate presenting his intention not to allow further advancement of projects as part of the plan 38, which are of individual projects. Thus, Ramat Gan has built a reputation as one of the leading urban renewal in Israel, found herself in reality new and surrounded by question marks.

The official stamp breeze because the municipality, provided by the Local Planning and Building Committee last April, when he made a decision that the Ramat Gan will implement a new policy, which means almost complete elimination of the plan 38 projects in the city.

The local authority, and that no one disputes, must be granted broad discretion with regard to design and construction field, and that the position of Shama Hacohen when applying for urban renewal projects in accordance with master plans are regulated, is responsible and appropriate. Even the mayor's desire to promote projects Mthmiim garden level, with an emphasis on mixed uses and public benefits requirement is understandable - especially when you consider that such a move prompted in terms of public infrastructure such as education, transportation and public buildings. In addition, it also helps put money mortgages on municipal funds, commercial and employment areas. But in policy formulation is expected to leave many projects of Plan No. 38 in the air and generate uncertainty, is in our opinion not the right way to make a change.

Mayor of Ramat Gan, Carmel Shama (second from right). "Instead of an appeal to the Supreme Court, reconsidering ' Photo: Ilan Assayag

As someone accompany residents in more than 15 urban renewal projects in Ramat Gan, including NMP 38, and knew the terrain well, we were exposed to spiral closer entered the city following a decision by the local committee. Entrepreneurs, spent million on planning projects in accordance with the pre-municipal policy Shama the priest, find themselves in one of the helpless; lawyers, accompanied both developers and home owners are finding that the projects promoted stuck while moving; and above all, influence new policy for city dwellers, those landlords, awaiting for years for the right given to them by state to improve the quality of life through projects NMP, and now their great hope on Her fade away.

Signaling District

Against the local committee filed an administrative petition from the Association of Builders of the country, claiming inter alia that the decision was made in haste, without authority, absence of facts-sufficient planning and improper considerations not relevant. Association further pointed to its appeal that the Commission's decision is a mere administrative guidance, the contradicting the plan which has statutory status - and therefore illegal and unlawful.

Another petition states that the considerations that guided the committee is made for financial reasons-budget non-relevant NMP, which focuses upon the rationale of saving lives through protection of buildings against earthquakes and missile threats. An additional argument, and most important our view, pertains to apply the decision retroactively - nothing offending reliance and planning certainty.

We also concurred with the arguments raised in the Petition, and it is clear to us that the committee's decision will lead to many ventures which were invested considerable efforts and resources in, and adapted themselves to municipal policy before April 2019, do not meet the new threshold conditions and find themselves in a hopeless situation.

Last week, the president decided the district court in Tel Aviv, Judge Eitan Orenstein, the cancellation policy regarding the Ramat Gan Municipality TAMA 38 "new policy, which also included transitional provisions associated therewith, idle," the decision stated. "In determining the new policy, the Commission local 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 all the decision power ".

Following the verdict, the priest told her mother that he had instructed the Legal Counsel of the City Hall to appeal to the Supreme Court. "With all due respect to the judgment, so long as I am mayor will sign the permit only if we have education and transport infrastructure", said in response. "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 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, since the celebration Tama 38 Returns None infrastructure Ramat Gan ended with the decision of the voter and no judicial decision will not change it. Notify 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 ".

starting over

Existing state of affairs produces a court ruling Ramat Gan Municipality and its mayor an opportunity to rethink. Instead of appeal to the Supreme Court, this time to keep the flames and the formulation of new policies and pragmatic than urban renewal projects - one that will put top priority urban interests but will seek to bring the framework considerations also all those working in the field, and propel the Ramat Gan forward.

So how do we go from here on? First, the municipal avoids drastic action. Any change - even the most obvious - should be done step by step. In other words, even if there is a need for limiting the number of NOP Ramat Gan, it should be done gradually and moderately, while looking urban wide. Given that entrepreneurs involved in urban renewal is not always possible to carry out, and still require specific solutions also building level lonely, so it is important leave room for 38 projects in NMP, along with projects Mthmiim, and integrate the city on either side.

Attorney Hila Gabai-Zaytun (right), Mr. Aorith Carnovsky. "Leave initiatives within the plan 38 side projects Mthmiim" Photo: Haim Cohen

Secondly, the municipality's decision to change its policy is legitimate, as long as the policy of her illness is subsequent to this decision onwards, alongside reasonable transition provisions that allow all those involved and planning certainty. In our view, applying retroactively a new policy may lead to cutting down existing projects - made under a previous policy in which created reliance - is problematic and may turn out to be invalid in accordance with the spirit of the judgment of the District. Therefore, building permits submitted by the date of the Commission decision, should be treated in accordance with previous policy and its basis only.

And another thing another conclusion: the state has imposed on municipalities weighty task: to renew old sons, rehabilitate and develop infrastructure, without taking into account the immense cost involved in such initiatives and could produce weighty deficits. If the state is genuinely interested in protecting citizens' houses and urban renewal have to go through declarations and actions. The state would do well if you would put in hand a deep pocket and assist authorities in fulfilling the vision.