PHILIPSBURG--The Court has upheld the stop order imposed on NLGY Development by Minister of Public Housing, Spatial Planning, Environment and Infrastructure VROMI Patrice Gumbs for the unauthorised excavation of a cliff in Cupecoy. NLGY plans to build a nineteen-storey, two-tower condo hotel “The West Vue” with a three-level underground garage next to residences and a school.
The halt, issued on March 11, was enforced after it was discovered that NLGY had failed to obtain the necessary civil works permit for extensive excavation and demolition activities. General contractor Taliesin NV, on behalf of NLGY, demolished a traditional West Indian home and the remains of a hurricane-damaged villa, which for many years served as the residence of the owner of the former Summit Resort. Extensive excavation has taken place at the location of these properties.
According to VROMI, the requirement for a civil works permit was overlooked during the initial project evaluation. On March 8, VROMI informed NLGY of the violation via email, citing breaches of regulations: "It was discovered that your project required a civil works permit for the extensive excavation activities intended, along with the demolition of existing structure(s). These activities were overlooked during the previous evaluation process, and it was determined that civil works permits are warranted, serving as the basis for the Ministry of VROMI informing you by email on March 8, 2025. This Enforcement Order has been issued to properly inform you of the legal requirements for having approved civil works permits for your intended project. You are ordered to immediately stop your present civil works activities and await the decision on the submitted civil works permits. [...] Your present civil works activities are in clear violation of the following articles: 1) Article 28a, 19, & 20 of the National Ordinance on Spatial Development Planning (AB 2021, no. 06); 2) Article 7, 10, 61, & 64 of the Building Ordinance (AB 2013, GT no. 136)."
The Court criticised VROMI for not identifying the permit requirement earlier, considering the project's scale and the clear intent to carry out excavation and demolition. Additionally, it found it unacceptable that NLGY, despite being aware of the need for a civil works permit since 2022, proceeded without securing the necessary approvals.
It was established that NLGY does hold a [residential – Ed.] building permit. However, the Court found that while the building permit allows for the construction of the building, it does not cover the civil works involved in the "The West Vue" project, such as demolition, tree removal and ground excavation. The building permit clearly states that the project is subject to other applicable ordinances. The Court concluded that obtaining a building permit does not imply permission for civil works, as these permits follow distinct assessment criteria based on different legal frameworks.
The Court also ruled that since significant works were carried out without a permit, the construction halt was lawful and well-founded. There was no violation of the principles of good governance, as maintaining legal regulations does not constitute an abuse of power by the minister, as was alleged by NLGY’s attorney.
“It is incomprehensible that NLGY, despite being aware – based on the form filled out in 2022 and subsequent email exchanges – that a civil works permit was required, proceeded with the activities without obtaining the necessary permits,” the Court stated.
It was further concluded that the National Ordinance on Spatial Development Planning prescribes time-frames within which the minister must decide on a civil works permit request. In the absence of a decision, it was incumbent upon NLGY to pursue legal avenues to obtain a decision, the court ruled. Furthermore, NLGY’s claim of equal treatment was deemed insufficiently substantiated, and no evidence was found to support any breach of the principle of legitimate expectations.
The Court emphasised that the irreversible nature of civil works, such as demolition and excavation, requires prior evaluation to determine whether these activities might conflict with public interest, as outlined in Article 28a of the National Ordinance on Spatial Development Planning. This public interest, including the consideration of third-party interests, outweighs NLGY’s desire to proceed with unauthorised civil works.
The Court advised NLGY to promptly submit the required permit application and supporting documentation to VROMI for evaluation. Minister Gumbs has committed to making a decision without unnecessary delay.
The Court rejected NLGY’s appeal against the stop order and found no grounds for awarding legal costs.
“This ruling validates our approach to responsible urban development,” Minister Gumbs said about the ruling. “Our goal has never been to obstruct development, be it by locals or foreigners, but to ensure that all projects comply with legal requirements, safeguarding both our environment and public interest.”
Reflecting on the case, Gumbs said, “Irresponsible development is not exclusive to foreign developers.” He questioned whether voiced concerns are really about environmentalism and proper development. His question stemmed from the criticism of the project and the surprising change of sentiment of much of the population once they understood it was a local developer.
Gumbs further said, “The objective of this case remains unclear, given my willingness to work alongside the developers, ensuring that their project is in line with legal regulations, thereby avoiding future challenges.”
He said he would like to remind everyone that cases like this do not have to go to court. “This has been an ongoing discussion within the Ministry itself, and we have been working on a clearer policy for civil works permits. While we value the role of the court, what is important to realise is that open conversation and dialogue can often go much further than litigation, which in such a case we see only undermines the value of projects and the good relations that must prevail in small island communities.”
Gumbs emphasised that the VROMI Ministry remains steadfast in its dedication to ensuring that St. Maarten’s development is both progressive and principled, balancing economic growth with responsible and legal urban planning.
