Construction restrictions imposed because of Tel Aviv metro

Transport Minister Yisrael Katz with Chinese workers on light rail project photo: Reuters
Transport Minister Yisrael Katz with Chinese workers on light rail project photo: Reuters

All underground construction will require the National Infrastructure Committee to confirm that it does not interfere with the planned metro route, which won't be ready before 2030.

The National Infrastructure Committee is currently issuing extraordinary restrictions on building permits for underground construction (digging and foundation work, underground car parks etc.) in many areas in central region local authorities, including Tel Aviv, Givatayim, Ramat Gan, Kiryat Ono, Kfar Saba, Ramle, Ness Ziona, Lod, Rehovot, Holon, and Rishon Lezion. The reason for the restrictions is that three metro routes will pass under these local authorities. As part of the plan, the state is already demanding a halt in construction until the complete plan for the metro routes is deposited. The announcement, signed by National Infrastructure Committee chairperson Zeev Bielski, means that construction permits for underground parking lots and construction deeper than five meters cannot be issued for hundreds of buildings and lots under which the metro routes pass. Plans for such construction cannot go forward except with special permission. The restriction is effective for a minimum of two years, starting today.

Cost of the project: NIS 150 billion

The ambitious metro plan has been placed on the shoulders of government company NTA Metropolitan Mass Transit System, known for building infrastructure for the light rail. Operation of the metro, whose estimated cost is NIS 150 billion, at NIS 1 billion per kilometer, is not expected before 2030. As of now, there are no budget resources for a project on such a scale. The building restriction, which became effective this week, applies to the entire planned metro route. Three separate routes are planned: M1 will be 76 kilometers long with 56 stations, M2 will be 31 kilometers long with 27 stations, and M3 will be 40 kilometers long with 25 stations.

The route is still being planned and is not final, but as of now includes arteries above which there are many private lots, such as on Yigal Allon Street in Tel Aviv, Katznelson Street in Givatayim, and Levi Eshkol Street in Kiryat Ono. Every request for a building permit that contains underground construction therefore requires a check to see if construction affects the planned metro. This restriction applies to both new projects, including towers, and urban renewal projects, including the digging of basements. The National Infrastructure Committee says that in places where the route passes underneath private lots zoned for construction, there will be no restriction on digging basements up to five meters in height (this is relevant mainly to cellars of private homes). Approval for basements over five meters high will require approval from the committee, with every request being considered separately. Simultaneously with a request submitted to the Local Planning and Building Commission, a developer or lot owner also has to submit the request to the National Infrastructure Committee, which promises that if there is no conflict between the project's basement and the metro space, approval will be forthcoming within a short time. Where a clash with the metro route exists, the committee promises, "Flexibility will be possible."

"The metro planning is beneficial"

The announcement of the new regulation was delivered to the local authorities only in recent days. A query from "Globes" to several of them shows that they are trying to understand the extensive consequences. "21 underground metro stations and a huge number of lots are affected, including private lots. After the getting the material about zoning of the land, we will be able to examine the consequences in depth," the Tel Aviv municipality said. The Kfar Saba municipality said that it was preparing "to consider the restrictions applying to permit requests and the plans being promoted along the metro artery." Kfar Saba Deputy Mayor Ilai Harsgor Hendin, who is responsible for transportation in the municipality, added, "The announcement of Sections 77 and 78 in my presence and that of the municipal engineer on the national committee merely prevents new plans from interfering with future digging. They are not designed to disrupt construction plans. All of the parties agreed that plans could also be advanced during this period, provided that they are examined and it is verified that they do not conflict with the underground digging route." The Givatayim municipality said that it was still considering the consequences of the decision.

With the order becoming effective, Adv. Tzvi Shoob, who specializes in planning, construction, and urban renewal, said, "The purpose of the announcement is to freeze the planning status of the existing situation in order to prevent future planning before it is deposited. According to the announcement by the National Infrastructure Committee, the period of restrictions is two years from the time of its publication, or until deposit, whichever comes first.

"The restrictions published in the announcement state that building permits for underground construction will not be issued. Permits for exceptional use of underground spaces not reserved for the road will be allowed, provided that the depth does not exceed five meters and subject to approval by the National Infrastructure Committee.

"This condition is a very difficult one for private landowners wishing to obtain a building permit according to valid plans for buildings requiring digging parking basements with more than one floor, and in some cases, even in digging one parking basement or parking facilities requiring deeper digging. In such cases, there may also be an effect on the issuance of permits for buildings designated for reinforcement under Tama 38 or urban renewal."

Architect Avner Yashar from the Yashar Architects firm, who is designing towers to be constructed above the metro route on Yigal Allon Street in Tel Aviv - a Tozeret Ha'aretz project on the Tara Dairy site - argues that publishing the restrictions is a necessary step. "The metro planning is beneficial, and the restriction on issuing permits, which requires coordination with the National Infrastructure Committee, also allows improving and upgrading plans. In the Tozeret Ha'aretz project, it was proposed at the National Infrastructure Committee to allow an exit from the metro station to the project's public square, and we of course welcomed that. The smallest projects that are complaining about the expected delay will also benefit in a few years from the great accessibility of the metro near them. It is therefore impossible for a parking lot to be built in a Tama 38 project that will affect the metro route. This is a national project, and must be treated accordingly. All of those who are now complaining about the restrictions will bless the metro in the future," Yashar declared.

Published by Globes, Israel business news - en.globes.co.il - on June 27, 2019

© Copyright of Globes Publisher Itonut (1983) Ltd. 2019

Transport Minister Yisrael Katz with Chinese workers on light rail project photo: Reuters
Transport Minister Yisrael Katz with Chinese workers on light rail project photo: Reuters
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