The Northern District Planning and Building Appeals Committee has upheld an appeal filed by our firm on behalf of PHI Networks, ordering the approval of a building permit for a new telecommunications facility in northern Israel after the Mateh Asher Local Planning and Building Committee had rejected the application on landscape and environmental grounds.

In its decision, the Appeals Committee held that the application fully complied with the provisions of National Outline Plan 36 (NOP 36) and that no planning justification had been established for refusing the permit. The Committee further emphasised that NOP 36 is intended to facilitate the efficient deployment of telecommunications infrastructure throughout Israel while minimising environmental and visual impacts, but not in a manner that prevents the construction of essential cellular communications facilities.

The Appeals Committee rejected the Local Committee’s position that the proposed facility would cause unacceptable visual harm, ruling that any such concerns could be addressed through appropriate design requirements rather than by refusing the permit altogether. It also dismissed objections relating to the regional drainage authority’s position and alleged access constraints.

The Committee further noted that the proposed installation was intended to replace an existing telecommunications facility that had operated in the area for many years, and found that the Local Committee had failed to provide a satisfactory explanation for its change of position regarding the proposed location.

The Appeals Committee ultimately ordered the approval of the application and the issuance of the building permit, subject to the completion of certain design requirements and technical amendments. It also ordered the Local Committee to pay NIS 5,000 in legal costs.

PHI Networks was represented by Adv. Yacov Cohen, Head of AYR’s Planning and Construction Department, and Adv. Nir Shafran, Partner in the department.