Globes, Guy Nardi, 06.05.2021
The Supreme Court, headed by Justice Uzi Vogelman, made a dramatic decision today: canceling the deposit of the Apollonia plan on the shores of Herzliya and returning to re-planning.
The Tamal / 1004 / A plan proposes the construction of thousands of housing units in a complex located north of the Nof Yam neighborhood in Herzliya. Judge Vogelman ruled that "an examination of the factual infrastructure presented to the committee shows that this was lacking, and that these data were essential for making substantive planning decisions during the discussion of the plan, by virtue of which building permits can be issued."
Difficulties from the first moment
The plan was released for deposit in November 2015 and subsequently dozens of objections were filed, claiming, among other things, that the plan creates transportation failures and drainage problems; Does not deal with soil contamination; Does not include a water supply solution for the new neighborhood; Violates natural values and is not suitable for planning within the framework of the WTO.
The plan was approved by Hotamal in March 2016 and subsequently four petitions were filed in the Administrative Court, which ruled that the plan's approval would be revoked, and it would return to the committee's table.
In June 2019, the Supreme Court overturned the decision of the Tel Aviv Administrative Court and ruled that the VOTAL should not reconsider the plan. It is alleged that the ruling, given by a majority of two (Justices Yosef Elron and Yael Wilner) against the dissenting opinion of Justice Yitzhak Amit, is erroneous and may even endanger the public, as it gives a seal to the advancement and approval of plans in polluted areas. Required regarding the risks that exist in the field, and as a result they also did not know how to best avoid these risks.
Judge Vogelman's ruling from today is quite clear in his critical approach to how the plan is promoted: The accompanying staff does not cure the said defect, and it adds and harms the public participation, which is at the heart of the planning process. However, it is not possible to involve the restoration of the land in the planning process without examining its implications for the development of the land proposed in the plan. "
The Supreme Court ruled that the state will bear the expenses of the petitioners, and will pay NIS 10,000 for each of the applications.
The ruling reflects: "This ruling reflects the current position of the state, including the position of the Planning Administration and the WTMAL, which was submitted to the court after hearing its comments in the additional hearing. Approval of plans in contaminated areas is a complex process for reasons known to all. "The state believed that it would be appropriate to return the plan for a new discussion in the planning institutions and allow the amendment of the plan documents regarding land and water pollution.
Residents' lawyers, Adv. Orly Ariav, Chaya Erez and Hagai Kelai, stated that "in a dramatic decision, the court stopped the slippery slope of making planning decisions on construction on lightly polluted land, without including an environmental impact survey that includes data on pollution. "Without allowing the public to respond properly, and out of the 'it will be okay' concept that assumes that any pollution can be cleared."
Alon Carmeli, the representative of the petitioning residents, said: "Oh, a holiday for nature lovers, the rule of law and good administration. The rare and last urban nature reserve of its kind in Gush Dan, the Supreme Court ruled today that life-threatening facts cannot be ignored when it comes to planning a new residential district. "Easily to the list of major failures, in a week when we are mourning a terrible failure in Meron. I believe that our just and valued struggle will give a boost to similar public struggles."
Adv. Amit Bracha, CEO of Adam Teva VeDin: "We are pleased with the Supreme Court's decision that prioritizes the health of the state's citizens and means that the state acted criminally for years when it contaminated the land, harmed the health of residents and shied away from the polluter pays principle. "Protecting public health. The court's decision today is a victory for society, the economy and the environment in an era of climate crisis and is extremely significant for additional construction plans planned on contaminated land."
The mayor of Herzliya, Moshe Fadlon, welcomed the decision and said that most of all those who won today are nature and the rare animals - Fadlon also thanked the residents of the city who took part in the struggle. Fadlon noted that "thanks to the court's decision, our children and future generations will be able to get to know animals and vegetation in the Land of Israel that are disappearing from our districts."