An appeals subcommittee of the National Planning and Building Commission today unanimously dismissed the appeal filed by the developers in Tel Aviv's Kikar Atarim against the decision last February by the Protection of the Coastal Environment Committee. The dismissal is a victory for the Coastal Environment Committee and the No to Towers in Kikar Atarim organization, which was represented by Adv. Rami Fargan from the Fargan Peles & Co. law firm.
The National Planning and Building Commission affirmed the Protection of the Coastal Environment Committee's decision to leave the construction level on the site at 25-floors, and ruled that the tourism uses on the site would not be less than 30%, while the developers were seeking a 50:50 division of uses and 40-floors in the two towers.
Kikar Atarim is on Tel Aviv's seafront by the marina.
The commission ruled that in view of the great importance of the height of the buildings in preserving the coastal environment, there was no reason to intervene in the Coastal Environment Committee's decision not to allow a deviation, and certainly not such a substantial one, from the maximum height set for the site. The commission held that limiting construction to 25 storeys was a reasonable and correct decision from a substantive viewpoint, and certainly when no justification had yet been presented for deviating from it.
As for the uses permitted on the site, the developers demanded an increase in the proportion of residences in the project to 50%. The commission held that according to the Coastal Environment Committee, the region was zoned for hotels, and the currently approved hotel space would therefore not be reduced, while in the added space, the proportion allotted for hotels would be not be less than 30%. This means that in future construction in Kikar Atarim, the proportion of hotel use will be greater than 30%, because the currently approved hotel space will have to be added to it.
In February 2019, JTLV Investments, which owns 70% of the rights in Kikar Atarim, appealed the Coastal Environment Committee's decision on the plan, as set forth in Tel Aviv outline plan 5000. The Coastal Environment Committee ruled that the plan for Kikar Atarim should be left as stated in the deposited plan, and emphasized that it did not rule out in advance construction of towers on a larger scale than the general outline in the deposited plan and assessment of the composition of uses. If the Tel Aviv Local Building and Planning Commission believes that the proposed plan for the site requires an increase to more than 25 storeys, the matter will be discussed in the District Planning and Building Commission. This paved the way for the developers to submit a new plan to the District Planning and Building Commission.
Published by Globes, Israel business news - en.globes.co.il - on July 31, 2019
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