HBN Law’s advice for developers to expedite securing building permits before implementation of St. Maarten’s first uniform, country-wide zoning plan slated for completion by mid 2026 (see Thursday newspaper) is probably well-taken. According to the attorney’s office, while expected to bring much-needed clarity to spatial planning, it may simultaneously impose new restrictions on development.
The latter is likely also one of the goals, because of what some consider largely uncontrolled development over the years. This has even led to calls for a moratorium on large accommodation construction projects.
As pointed out, the plan should respect existing and allowed developments, including projects that already received permits but are not yet built. Hence the recommendation to obtain these during the coming months.
That’s important to know for all involved, including investors and – prospective – contractors. Legitimate property rights should in principle always be respected in a democratic society governed by the rule of law.
People might wonder whether prompting a “race” to get projects approved would not to some extent defeat the very purpose of introducing the zoning plan. On the other hand, it’s only correct to afford the community sufficient space to prepare for significant changes.
The Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VROMI must consider whether and to what degree it cooperates with accelerating the process. However, certain legal terms are involved.
During last week’s press briefing VROMI Minister Patrice Gumbs announced the upcoming launch of a new digital complaint form. That too could lead to time-consuming objections being filed against projects.
In any case, comprehensive zoning is long overdue. The Dutch side’s infrastructure can hardly handle what’s currently there or under construction.
Most would likely agree that it’s high time for properly regulated, more sustainable development.
