licensing concepts: relief/easements, extraneous uses, deviation (lesson 5)

Question 1

What are the 7 הקלות (reliefs/easements/deviations) anchored in law? ((subject to compliance with conditions)

Answer 1

1. ENV - Not change the nature of the environment.
2. ADD BLDG - Adding buildings on a lot that do not maintain a distance greater than twice the plan
3. ADD FLOORS - Adding floors (1-2 floors allowed 1; 3-4 floors allowed 2; 5-9 floors allowed 3; 10-15 floors allowed 4; 16+ floors allowed 5).
4. BLD LINES - Building lines.
5. ADD APTS - Addition of apartments in the lot
6. SUR RUN - Construction contrary to the instructions for handling surface runoff
7. BALC - Balconies

Question 2

What are 4 elements not considered הקלות / deviations/ relief? (considered building in the margin, with permission from the local committee)?

Answer 2

1. Fence.
2. Auxiliary facilities: shaft, chimney, ventilation duct, English yard, garbage facilities.
3. A pergola.
4. Stairs.

Question 3

What are 4 elements considered not a significant deviation but requires הקלות / relief?

Answer 3

(Here it must be proven that there is no design or construction alternative with reduced penetration into the construction space).

1. Construction of MMD as an addition to an existing building.
2. Addition of an elevator shaft to an existing building.
3. Construction of a swimming pool.
4. Parking shed (up to a height of 2.6 m from the ground).

Question 4

What is הקלות / relief/easement?

Answer 4

It is the right of every person to receive a permit that conforms to the conditions of the TABA.

Relief/easement is the granting of permission to carry out work that is required by a construction permit, but is a deviation from it because there is something that does not fully overlap.

Question 5

What is סטייה ניכרת / significant deviation?

Answer 5

If something is a significant deviation, no additional area will be approved including what is allowed for construction.

However it is possible to request relief for:
- The addition of underground floors
- The addition of service area for the purpose of a protected space
- The addition of area for the needs accessibility, etc.

Question 6

What are the 4 steps for granting permission for להקלהand שימוש חורג (relief and nonconforming use)?

Answer 6

1. Publication of the request
2. Submission of objections (within 15 days)
3. Discussion of objections in the local committee
4. Filing an appeal to the district committee

Question 7

What is שימוש חורג / nonconforming/extraordinary use? How does it differ from relief?

Answer 7

Using land or a building for a purpose that was not allowed to be used, contrasts to granting of relief/ easement because NC use is:
- Limited in time
- Solves a local, specific and temporary problem
- Limited by a considerable deviation (similar to relief)

Question 8

Who grants approval of שימוש חורג / nonconforming use?

Answer 8

Extraordinary/nonconforming use - will be given with the approval of the Local Committee.

Question 9

What is an example of שימוש חורג / nonconforming use?

Answer 9

For example, TABA in Holon defines that industrial buildings and offices can be built in the purple zone and a residential building can be built in the orange zone.

The developer can request a use that deviates from the plan for offices in the orange zone intended for residences. The authority can approve or disapprove according to its discretion. It is possible to approve a different use for several years.

Question 10

What are the 9 criteria considered when discussing nonconforming use / שימוש חורג, and what is the criteria they based it on?

Answer 10

Based on the Termoden case; which was a company that was engaged in the construction of blocks, and asked to store blocks in the Tovia well. The municipality did not agree to give an unusual use for storing blocks. It went to court, where criteria were set for testing to confirm this:

1. Intensity of the illegal use - how much does the illegal use exceed what is allowed in the TABA?
2. Extent of the excessive use - area it occupies, length of time occupying
3. Injury to third party/neighbours
4. Previous plans or permits impediments
5. Image problem of neighbouring bldgs
6. Interference with future plans
7. Principle of reversibility
8. Principle of transparency
9. Good faith; or asking retroactively?

Question 11

What are 5 questions considered when discussing להקלה / relief/easements?

Answer 11

1. JUST PLAN - Is there planning justification?
2. BORD PROP - Is there damage to bordering properties?
3. ARCH VIOL - Is there a violation of planning and architectural considerations?
4. PUBL HARM - Is there harm to the public?
5. DAMAGE-PLAN BALANCE - Is there a balance between the damage and the planning justification