Petition Rejected: Massive 750-Apartment Project in Tel Aviv Moves Forward
The Administrative Court has approved the Dan garage redevelopment plan, including the relocation of the bus depot. The court dismissed a residents' petition against the 750-unit housing project, upholding the use of easements to provide public access to open spaces while preserving developers' building rights.
The Administrative Court has rejected a petition filed against the approval of a plan to build approximately 750 housing units on the site of the Dan garage in northeastern Tel Aviv. The court upheld a mechanism allowing open spaces to be made available for public use through easements, while maintaining the building rights of the landowners. Although the Tel Aviv Municipality had previously demanded 20 apartments, the District Committee opposed this. The plan was initially approved last October, but a residents' appeal has now been dismissed.
The ruling by the Administrative Court in Tel Aviv-Yafo follows a petition by 48 residents against the renewal of the Dan garage complex, located near the intersection of Raoul Wallenberg and Pinchas Rosen streets. The developers, Amad Real Estate Development and Investments and the Nahor company, were represented by attorneys Anat Biran, Efrat Lerner, and Mor Agiv-Kesheri.
Judge Gilad Hess’s ruling upholds the plan, which covers approximately 38 dunams. The project includes the evacuation of the existing garage and bus depot, and the construction of an integrated complex featuring 750 housing units in 15- to 19-story buildings, commercial areas, 6 dunams for public buildings, and 4.4 dunams of open public space.
The core of the dispute involved the planning authorities' decision to designate an additional 7.5 dunams as public open space via easements rather than separate plots. This mechanism ensures free public access at all times while allowing the land area to be factored into building rights calculations.
The petitioners argued that the easement mechanism contradicted the TA 5000 master plan and led to unreasonable density. The court rejected these claims, confirming that the Local Committee is authorized to establish easements and that the plan adequately addresses public needs.
Emphasizing that 18.6 dunams—roughly 49% of the site—are allocated for public use, Judge Hess determined that the solution strikes a proper balance between public interest and property rights. The municipality has committed to maintaining these areas, with funding for such maintenance serving as a prerequisite for building permits.
The court also dismissed arguments regarding excessive density, noting that 39 housing units per net dunam is appropriate for an urban area near major transport axes and the Ramat HaHayal employment district. The petitioners were ordered to pay 18,000 shekels in legal costs.
Attorney Anat Biran stated: "The ruling reinforces the importance of balanced and applicable planning. The court recognized that broad public benefit can be achieved without disproportionately infringing on property rights or undermining the project's economic feasibility. This is a vital plan that will remove a bus garage from the heart of a residential area and replace it with a modern urban complex."
