Shlomit Tzur, calcalist.co.il
The local planning and construction committee Ramat Gan appealed to the Supreme Court for the decision of Tel Aviv District Court President Eitan Orenstein, which last September received the petition of the Builders Association and forbade the local committee to stop construction in the city.
Last September, Orenstein received the Land Builders Association petition, which claimed that the local planning and construction committee Ramat Gan had changed its policy since Carmel Shama was elected mayor and did not discuss applications for building permits in TAMA 38 since being elected and in contravention of law. Applications for permits that were delayed from the end of October 2018, the date of local government elections, within 3 months.
Shama Hacohen already announced that he would appeal the decision, and even invited Judge Orenstein to "sign permits himself".
"Ramat Gan Municipality served as the capital of the TAMA for years"
In an appeal filed by Attorney Ilana Braff Snir and Ezra Rahamim of Hari Toister & Co., the committee mentions that for years the Ramat Gan municipality has served as the State of Israel's "capital", to the extent that 18% of all housing units were added in all Throughout the state, throughout the years of Tama 38, the city of Ramat Gan was added alone (9,000 housing units), which used to approve applications to Tama 38 almost automatically.
Against this backdrop, the topic of urban planning policy was the focus of the mayoral election campaign. Shama Cohen stated during the election campaign that he will make a significant change to the existing policy, in the face of a severe shortage of public areas traffic and infrastructure problems, and serious economic consequences for the municipality of Ramat Gan. "The change of government in the city reflects the desire of the city's residents for change, which also includes a change in planning and construction policy. “Written on appeal.
The local committee also argues on appeal that the decision to change the policy in 2019 was made after in-depth discussions in which the committee's professional representatives were also heard, and the position of the Builders Association.
In response, the Land Builders Association petitioned the court, and in the course of the proceedings, also the Attorney General's position, which was believed to have defects in this policy, was filed.
The local committee claims on appeal that , in light of Attorney General Avishay Mandelblit's position, "Ramat Gan Municipality's TAMA 38 policy is unreasonable and should be canceled" - asked the court to allow it to reconsider and even revise its policy and delete the petition, but the court Without justification, he rejected the request, and later received the contractor's petition.
The committee also contends that the court erred when it failed to consider the possibility of formulating a new planning policy, and instead entered its professional shoes, canceled its discretion and revoked the new policy for 2019 - returning the previous policy of 2017 and instructing it to discuss applications Permits for TAMA 38 projects.
Tama 38 in Ramat Gan Photo: Amit Shal
"As it is a petition that has a cross-cutting effect on the entire Ramat Gan city for generations, the court had to accept and adopt the reasonable and proportionate conduct of the local committee, which bowed its head against the Attorney General's position and asked to review its decision again. “Charged on appeal. In addition, the local committee argues that the court's decision has significant implications for the city, which could lead to a cry for generations. "The results of the previous policy that almost automatically approved requests for TAMA 38, which included the addition of thousands of housing units, were not accompanied by additional public space for new public buildings or new open spaces, nor accompanied by any solution to the transportation or infrastructure problems."
The position of Dalit Silver
The local committee argues on appeal that, even from a planning point of view, the realization of a single TAMA 38 project thwarts the possibility of realizing large-scale evacuation plans in a larger complex where the building is located, and that appeals committees have often stated that overall complex planning should be preferred over planning. My point is according to TAMA 38.
On appeal, the local committee also mentions the position of the Planning Administration headed by Dalit Silber, who recently decided not to extend the period of TAMA 38 after 2022, on the grounds that urban renewal programs that are made with a general vision should be preferred without compromising the urban fabric with reference to all the public needs required. .
In addition, the committee claims that it is the municipality's duty to also examine the implications of the TAMA for the city's financial situation and the services it can provide to its residents. "Among most members of the local committee and its professional staff, there has been no dispute that the local committee will continue to approve requests by TAMA 38 overwhelmingly without further consideration, this could lead to the collapse of the city and damage to the services that the existing and new residents receive. "
On appeal, as stated, the local committee asks the Supreme Court to overturn the ruling given in the district court, and to let the local committee amend its policy in the spirit of the Attorney General's position.