The Israeli justice system is constantly finding innovative
new ways—clothed in fine legal garb, of course—to
fetter the country's chareidi sector. Take Jerusalem's Ramat
Eshkol neighborhood, for example.
This neighborhood is undergoing rapid "chareidization."
Although the neighborhood was dominated by secular Jews for
decades, in recent years many chareidi families have been
moving in. At first a small core group arrived, building
botei knesses in a few places, but recently the
budding signs of a real transformation have been
appearing.
As part of this process some new residents endeavored to make
various changes in their living conditions. One of the more
pressing changes was building a succah balcony.
Until recently the Local Planning and Construction Committee,
headed by Deputy Mayor Rabbi Yehoshua Pollak, approved
requests for building permits to add a balcony. But around 10
Teves the City of Jerusalem was forced to stop issuing
permits following a decision by District Court President
Mussia Arad.
The Jerusalem weekly Kol Ha'ir (published by the
Shocken chain) reported that one year ago 18 residents of a
building on Mitla Pass Street submitted a request for a
building permit for uncovered balconies staggered around
their building. The Local Planning and Construction Committee
approved the request but, after three neighbors filed
objections—citing architectural harm and reduced
sunlight— the District Planning and Construction
Appeals Committee, headed by Atty. Aharon Bruchin, canceled
the decision.
The local committee petitioned the district court against the
district committee, but Arad decided to uphold the appeals
committee decision and even issued instructions to stop
issuing all balcony construction permits in Ramat Eshkol.
"The Ramat Eshkol neighborhood, which was built after the War
of 5727 [1967], is an attractive Yerushalmi neighborhood with
a special architectural character," Arad wrote in her
decision. "It was carefully planned before its construction
and built according to a comprehensive and meticulous plan.
It is in the public interest is to preserve this attractive
character. Thus the Appeals Committee's clear, inevitable
decision is understandable. Any other decision would be
totally unreasonable. The process must be stopped and the
sooner the better. Under the current circumstances it would
be unreasonable to continue granting permits for balcony
construction in the Ramat Eshkol neighborhood."
It would be very interesting to know just what Arad means by
"the public interest" since the public is becoming more and
more chareidi and is very interested in the balconies.
Apparently, Arad recognizes only secular public interests.
For some reason chareidi interests are wholly unfamiliar to
her.
Deputy Mayor Rabbi Pollak said that since it would be
inconceivable for chareidi residents to be left without
succah balconies it was decided that residents who want to
build a succah balcony will have to submit a plan that
includes all of the residents in the building and that
construction will be carried out according to architectural
standards befitting the neighborhood's overall architectural
plan. "Of course succah balconies cannot be built one above
the next, but we will make every effort to build balconies
without harming the architectural character of Ramat Eshkol,"
he said.
