Supreme Court Ruling Excludes Large-Scale Hospital from Approved Plan near Kiryat Bialik
In a recent ruling, Supreme Court Justices Uzi Fogelman, Alex Stein, and Hiyel Kosher determined that the construction of a large-scale hospital must be excluded from the plan approved by the National Committee for Planning and Construction. The decision states that the inclusion of the hospital in the plan exceeds the realm of reasonableness.
The ruling came as a response to appeals filed by the regional government center, the kibbutz movement, and the action committee to save the remnants of agriculture in Emek Zebulon, the kibbutzim Shaar Hamakim and Ramat Yochanan, GDS Ra’am, and Kfar Bialik. The appeals were against the approval of an outline plan in Kiryat Ata for preferred housing complexes.
The plan in question covers an area of approximately 6,700 dunams, mostly agricultural land, north and west of Kiryat Ata. It includes three complexes for urban development and features a hospital with 2,300 beds, covering 180 dunams. However, the Supreme Court ruled that the construction of the hospital is not planned in the foreseeable future and its influence exceeds the scope of the housing program.
Judge Fogelman argued that the hospital’s inclusion in the plan was put on the fast track of the VATML (Construction and Planning Law) despite long implementation time periods and limited relevance to the precision units planning. The judges concluded that the hospital should be removed from the program, and the proportionality of the damage to Kfar Bialik regarding another part of the plan needs to be reconsidered.
The ruling did not mention the recently passed law that abolishes the reason for reasonableness on the decisions of ministers and the government. However, it is clear that the judges believe that the committee’s decisions are subject to the reason of reasonableness.
The VATML was designed to increase the supply of housing units through quick approval and expanded powers. The committee responsible for the plan consists of 18 members, including representatives from government ministries, local government, the Israel Land Authority, and experts from various fields.
It remains unclear whether the recently passed law on reasonableness applies to the committee’s decisions. Additionally, questions emerged about whether the law applies to ongoing cases.
The court’s decision also addressed the park included in the plan, stating that its inclusion is within the scope of reasonableness due to the need for open spaces and its compatibility with the existing planning structure.
The ruling has significant implications for the approved plan near Kiryat Bialik and highlights the importance of considering reasonableness in planning decisions.