Calcalist, Dotan Levy, 31.08.2020

The Appeals Subcommittee of the National Planning and Building Council received an appeal filed by a real estate entrepreneur, and approved the construction of sun terraces that exceed the building line. This is a 3-story old building on Migdal Street 3, Givat Rambam neighborhood Five apartments on two floors.

In 2018, the local committee approved the permit application, but due to restrictions set by the district committee on issuing building permits in the area due to promoting an overall plan for urban renewal, the permit was conditional on the sun terraces not exceeding the building line.

The entrepreneurial company filed an appeal with the National Council's Subcommittee on Appeals, through attorneys Uri Avigad and Ohad Gavish from the firm of Goldman, Ehrlich, Edelstein, Avigad (GEE law), claiming that the terms of the plan in preparation allow for deviation from the building line. The Subcommittee on Appeals ruled that it did not find a discrepancy between the permit application and the plan in preparation and deviated from the permit application for the expansion of the balconies from the restrictive conditions set forth in the Urban Renewal Plan.

According to Advocate Gavish, the Appeals Committee understood that there are cases where logic should defeat the bureaucracy: “Hundreds if not thousands of legitimate construction initiatives find themselves stuck today just because of fear of non-compliance with the urban renewal plan. The decision of the National Council is a sign that the existing fear threshold for urban renewal can be lowered in the long term, and it is time for legislation that will allow the exercise of specific rights. "