appeals, administrative petitions, and inbw (lesson 11)

Question 1

What happens once an appeal is filed?

Answer 1

As soon as an appeal is filed, there is a restraining order for the issuance of a building permit until the matter is discussed.

Question 2

What are the 3 courts for filing an appeal? - PI - AIA; DAC - AIA; C - AA

Answer 2

There are three courts for filing an appeal:

1. The planning institutions - Administrative Internal Appeal
2. District Appeal Committee - Administrative Internal appeal
3. The courts - Administrative Appeal

Question 3

What is the Planning Institutions level for filing an appeal? Who does it consist of? - PI for A

Answer 3

The Planning Institutions - internal administrative appeal:

• Consists of planning personnel only.
• This is the pyramid we know with the hierarchy of a National Council that influences a District Council that influences a Local Council.

Question 4

What is the District Appeal Committee level for filing an appeal? Who does it consist of? (2 groups)

Answer 4

District Appeal Committee - Administrative internal appeal:

• Combination of legal and planning personnel.
• Public representatives and architects who understand planning

Question 5

What is the Courts level of filing an appeal?

Answer 5

The courts - administrative appeal:

The courts also probably deal with areas related to construction, but they are only legal professionals and no professionals from the field.

Question 6

What are the advantages of the Administrative Internal Appeal? - AIA

Answer 6

Administrative internal appeal systems have many advantages:

1. They are convenient; on a personal level
2. Correct decisions through the professional control of planning personnel without need for legal personnel discretion
3. Non-arbitrary decisions b/c they understand interests
4. More available, and take burden off the courts

Question 7

What are the disadvantages of the Administrative Internal Appeal?

Answer 7

The disadvantages of the Administrative Internal Appeal are:

1. The prolongation of the legal process; because people take advantage of the fact that they can harass the committee

(Ex. in the case of the illegal construction, 13 years passed from the day a demolition order was filed against it until it was actually demolished)

Question 8

What is a Local Planning and Construction Appeal Committee and who does it consist of? - LPCAC

Answer 8

LPCAC consists of:

• Council members, who have no planning or legal knowledge.
• Each come with their own agenda. (ex. sole focus on CC)
• Respect what the chief engineer says
• Pressure on this committee from the public and stakeholders.

Question 9

What does a District Appeals Committee consist of? How are their decisions made?

Answer 9

• Consists of planning and legal personnel
• Not subject to pressure
• Hear all sides in the discussions and objectively their decisions are more professional in the end.
• Appeals from the Local Committee can be discussed at the District Committee.

Question 10

Who are the two people in charge of the District Appeals Committee?

Answer 10

• Chairman of the committee = Lawyer with at least 5 years of experience in planning and construction
• District Representative who is also knowledgeable in the field of planning and construction.

Question 11

What other parties are part of the District Appeals Committee? (3 groups)

Answer 11

• Two public representatives appointed by the minister, who look after the public interest
• A registered architect or engineer
• Representatives from different ministries, including (Ministry of Env Protection; Construction and Housing; Transportation)

When there are discussions in committees that have received more powers (ILC / SILC / SILC + CP), the legislator determined that representatives should be added to the discussion because the issues they discuss are broader. (ex. when discussing the construction evacuation of thousands of housing units, it is important to have professional representatives from government ministries who specialize in transportation, the environment, and any other professional issue.)

Question 12

What types of issues can the District Appeals Committee discuss?

Answer 12

The issues that the district appeals committee will discuss will be:

1. Plans under Local Committee authority
2. Requests for abbreviated building permits
3. Natural gas sector
4. Oil transmission infrastructures
5. In the field of real estate - division and unification; and relief and nonconformant use.

Question 13

What is the Appeal Committee for Compensation and Improvement Levies? - ACCIL What rep joins this assembly?

Answer 13

A special committee established to handle only Compensation Claims and Improvement Levies

• A representative with an academic degree in economics will join the assembly.

Question 14

How does a Local Committee file an appeal?

Answer 14

• 3 Local Committee members can send a letter to the National Council and say that in their opinion the decisions are unreasonable and they request to raise the discussion once again in the National Council.

You can always approach the National Council. It will not always solve the problems.

Question 15

How does a private party file an appeal?

Answer 15

If you are a private party, you need to ask for permission to file an objection.

You must go to the same committee that approved the decision you want to oppose, and you request permission to appeal from the chairman within 15 days of receiving the decision.

If he approves you to submit the appeal to the National Council, you may submit it, and if not, you cannot.

Question 16

What is the next step if the committee approves the filing of an appeal to the National Council?

Answer 16

The next thing you can do is to go to court.

The National Committee is discussing broad issues (change the sweeping decision on stone cladding in Jerusalem, or the locations of Big centers in Israel.) These are decisions that have a national context with broad implications. Because the national council knows many places and cases, it will know to answer in the most correct way the appeal of the committee’s decision.

The court does not intervene with the planning product, only if there are flaws in the integrity of the process (an extremely unreasonable judgment, a violation of the rules of natural justice, etc.)

Question 17

How does one file an appeal against a LOCAL Council’s decision?

Answer 17

Anyone who sees himself as “injured” can file an appeal.

• It could be two members of a local committee who think that a decision was wrong
• Observers from the Ministry of the Interior who need to see that the discussions are taking place in an improper manner
• The district planner
• The submitter of the plan
• All those whose objection was rejected.

All of these do not need permission from anyone, they can submit the appeal to the appeal committee.

Question 18

How does one file an appeal against a DISTRICT Council’s decision?

Answer 18

Again, anyone who sees himself as injured can file an appeal, and it must be approved by the Chairman of the District Committee

• The request must be submitted 7 days from the date of the decision and an answer will be given within 15 days.
• If it is approved, it can be appealed to the District Appeals Committee.