Calcalist, Dov Cohen, 08.12.2020
The new law memorandum, formulated by the Planning Administration in the Ministry of Interior and assisted by the Government Authority for Urban Renewal, significantly expands the powers of local committees, and the memorandum will soon be forwarded to the comments of the government and relevant bodies.
According to the memorandum, each local authority will be able to determine a reinforcement route through demolition and reconstruction, in the framework of which the authority will be able to approve the granting of additional rights to mix uses - commercial and public buildings - according to a uniform multiplier. The plan will make it possible to increase the built-up area by up to 350% of the total construction area on the ground, as long as it is a two-story building with more than two separate apartments. The calculation of the existing areas does not include areas that were added to the building later and that the permit for their construction was granted after January 2000. The calculation of the additional area includes the areas of the security guard.
In addition, it is permissible to add to the new building or buildings an additional built-up area for the needs of the public, at a rate of up to 15% of the total permitted building areas, and about 25% in the plan that determines additional construction area. Also, the plan does not limit the number of floors, but it is proposed to limit the height of the new building so that it will not be higher than 29 meters.
The Authority will be able to approve a route for reinforcement through the addition and thickening of construction in an existing building, if it is not possible to choose a route of demolition and reconstruction. In this route, the area allowed for construction after the strengthening of the structure will not exceed 200% of the total existing construction areas, and the construction area will include a storage room.
However, it is clear that the Planning Administration understands that the uniform multipliers will not be able to address local authorities in the periphery, where high multipliers are required. Thus, they encourage local authorities to promote detailed urban renewal plans, in which it will be possible to use new tools for renewal - such as complementary areas or changes in alternative plots - which are already being promoted in point complexes.
Minister of the Interior, Aryeh Deri Photo: Alex Kolomoisky
With the approval of the law, the Minister of the Interior, Aryeh Deri, will be required to enact a supplementary regulation according to which a decision of a local committee to approve a city building plan (master plan) for strengthening and urban renewal will also be considered a building permit. "A building permit must be applied for from the local committee in a procedure that lasts for many months - and sometimes even more than a year.
In addition, the memorandum promotes another move designed to shorten the lengthening of the planning and construction procedures - the cancellation of the relief application procedure. This procedure makes it possible to deviate from the existing master plan, but takes a long time from the developers and applicants. According to the memorandum, the concessions that existed until today lead to damage to planning at the spatial level, extend licensing procedures and create a burden on planning institutions. Permits, therefore it is also proposed to make the approved plans more flexible and those that allow maneuvering space.
The unbearable ease
"The purpose of the amendment to the law itself is proper and is intended to shorten the licensing procedures and create certainty for those involved in the industry, but care must be taken not to spill the baby with the water," warn attorneys Avi Ben Yaakov and Tomer Tzadok of Wexler Bergman & Co.,according to Zadok. They are a very important tool for streamlining, improving and accuracy of planning, especially in those cases where defects and inconsistencies in the plans themselves are required.
"For example, instead of resorting to a lengthy and cumbersome procedure of changing a plan, the flaws in the licensing process can be corrected. The effectiveness and nature of the amendment to the law will be carefully examined when formulating regulations
Adv. Tomer Tzadok (right), Adv. Avi Ben Yaakov Photos: Yoram Reshef
Will the possibility of a local authority expropriating 15% of the built-up areas of any project for public purposes impair the willingness of tenants and developers to enter into projects?
"One of the reasons that led to the abolition of NOP 38 in its current form was the lack of response to the need for additional public areas. As a result, some authorities did not wait for the plan to be canceled in two years, and began to trick difficulties in promoting TAMA 38 in their area.
"Granting the power of expropriation to the authorities in the new law may solve the problem of shortage of public space, and this is even in line with the planning trend of mixing uses. .
"In order to ensure that the issue of public spaces does not thwart the entire new plan, the law should provide for the conditions under which public space may be required as part of the structure, the extent of public spaces required, their specific use, provisions regarding the maintenance of these spaces, and the like."
At the level of principle, is it right to give so much power to local authorities as the memorandum of law suggests?
Ben Yaakov: "The rule according to NOP 38 was that the building rights are always granted - except when the local committee decides not to grant the building rights according to NOP 38 for planning, architectural, scenic reasons, etc. On the one hand, the repeal of NOP 38 and the granting of powers to committees Local approve plans that include significant additional rights along with broad discretion, will result in more optimal planning at the local level; On the other hand, the fear is that the local committees will not be in a hurry to approve or sparingly approve urban renewal plans in their area, and this will again damage the planning certainty that the industry so desperately needs. "