Globes, Adv. Ofer Toister, 20.02.2020

Sometimes we see that local committees do not accept the authority of planning institutions - and in some cases planning institutions have no choice but to enforce their decision.

So was the decision to relieve the owner of a plot of land in the center of the country. This is a plot of 650 square meters and according to the plan two housing units can be established. The owners applied for relief that would allow an additional housing unit in the lot, so that three housing units will be built in a 150 square meter area, each with an average land area of ​​217. Sqm. The building area does not include a basement, an office space and service areas for parking and storage.

The local committee refused relief for a number of reasons: the division of the lot into three units meant a small area for a single unit and in contrast to the approved CB; The parking solution did not set her mind;In the other lots in the complex, two housing units were built in the lot.

The appeals committee approached by the owners actually thought that there was a planning justification for the unit addition, although it was a small area per unit. Because the local committee rejected the request for an additional housing unit and did not review the other relief requested, however minor, the Appeals Committee in the first appeal (Appeal 1074/0819) held that "the relief requested in accordance with Rule 2 (9) (d) of the Regulations is inadmissible. Planning and Construction (a considerable deviation from the plan), 2002, with the addition of one housing unit in the land under discussion, "and returned the request to the local Hod Hasharon Planning and Construction Committee to discuss it on its merits.

In the further hearing of the application, the local committee ignored the decision of the Appeals Committee, which reiterated its initial position, which was rejected as stated in the first appeal, and refused the addition of housing units from the same grounds that underpinned its first decision.

The Appeals Committee criticized this local committee's conduct, as all the local committee had to discuss was the additional relief requested in the application for a permit on the basis of the assumption that the addition of housing units had already been approved by the appeal committee, "otherwise."

The appeal committee stated that "instead of accepting this decision of the appeal committee, the local committee continued to disagree with the decision and based its refusal to approve the additional relief requested based on its opposition to the addition of the housing unit itself."

It is worth mentioning the criticism of the appeal committee against the local committee: "The local committee's argument that our decision was not clear enough and understandable so that it can go back and discuss the application fully, as if we did not discuss and decide on the relief for the addition of housing units, is nothing more than a reprimand for its name. And all.

"Therefore, and since the relief requested under the request for additional units was not discussed by the local committee, despite the possibility of doing so, we decided to act in accordance with our authority and review the relief requested."

In summary, unfortunately, we come across too many instances where a local committee is unwilling to accept the conversions of planning institutions or jurisdictions and act contrary to judgments or decisions.This may be because there is no sanction for non-decision of appeals committees. This is different from holding judgments on which, at least in theory, a court-martial procedure applies. This, although in our experience it is not customary to use it in such cases.

Recognition of the planning and legal pyramid is important, otherwise anarchy may not arise. This anarchy, in the end, has a price in the form of uncertainty that the public's price pays.

Hashash / 1219/1118 Appeals Committee for Planning and Building Central District (28/01/2020)

Adv. Ofer Toister heads the Office of Ofer Toister Attorney in Planning and Construction Law