Does the H-500 planning scheme involve betterment? What is the likely betterment levy after its approval?
The matter of betterment levy is subject to constant change (both in legislation and through the courts). It cannot be known what approach the Holon local planning and building committee will adopt in respect of the betterment issue deriving from the H-500 scheme. Only time will tell.
What can be said generally at this stage is –
The betterment must be measured between two planning positions: the previous position (Amendment no. 3) and the new position (the H-500 scheme). The comparison must be made specifically in respect of each parcel.
Both plans – Amendment no. 3 and the H-500 scheme – are outline planning schemes. That is to say that they have both prescribed that it is necessary to prepare detailed plans in order to proceed with construction.
It is difficult to see clearly how the H-500 scheme increases availability in comparison with the previous planning position because several detailed plans that included allotment and balancing tables were prepared in the past merely by virtue of Amendment no. 3. That is to say that the Amendment no. 3 outline scheme alone (without the need for another outline scheme) sufficed for the preparation of detailed plans for the construction of new neighbourhoods in South Holon.
The H-500 scheme does not alter the key for the allotment of rights that was prescribed in the previous scheme (Amendment no. 3).
The H-500 scheme provides that for the preparation of the balancing tables in the detailed planning, the previous planning position (Amendment no. 3) will be treated as the originating position (the entry position) for the apportionment of rights.
It is therefore possible that the Holon local planning and building committee will adopt an approach according to which betterment levy will not be charged by reason of the approval of the H-500 scheme and the betterment levy charge will be deferred until such time as the detailed plans are approved and the balancing tables are published.
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