PHILIPSBURG--Minister of Public Housing, Spatial Planning, Environment and Infrastructure VROMI Patrice Gumbs has issued a stop order for the West Vue development in Cupecoy. On Saturday, March 8, the developers were officially informed via email to halt all civil works pending an evaluation of ongoing excavation at the site.
The decision followed a meeting on Friday, March 7, where concerns were raised regarding the building permit and the required procedures for civil works. Due to technical delays, the signed stop order was sent via email on Tuesday, March 11, but developers were notified in advance that the order was forthcoming. Gumbs emphasised that enforcement will be strict and that law enforcement will intervene if necessary.
During a Council of Ministers’ press briefing, Gumbs explained that the building permit (BP#203/2022) for West Vue had been published in the National Gazette on March 1, 2024. The permit referenced a residential development on meetbrief 13/1968; however, it did not acknowledge the full scope of the project, which includes three additional parcels: meetbrieven 123/1971, 161/1978, and 034/1973.
Gumbs said the misclassification of the development as solely residential and the omission of key land parcels could have affected the ability of concerned parties to legally object. Case law allows for objections to be filed within a reasonable period after an affected party becomes aware of the permit if it was not published on time. However, objections may still be inadmissible if not filed promptly after discovery.
Following the permit’s issuance and the commencement of ground activities, affected parties initiated legal action against the developer over a civil matter. A court-mediated settlement required the restoration of an access-way by October 2025 and negotiations over parking provisions.
The draft zoning law for the area limits building heights to 10 metres for the involved parcels, while The West Vue’s proposed height reaches 56 metres. Gumbs found inconsistencies in the Ministry’s internal review, with the policy department advising against approval, while the permits department approved the project using setback modifications.
Article 22 of the National Ordinance on construction and public housing outlines conditions under which a permit can be granted, denied, or made conditional. The law allows rejection if a development conflicts with zoning regulations or negatively impacts its surroundings. While zoning plans are not legally binding and can be challenged in court, Gumbs highlighted concerns that West Vue’s height could overshadow adjacent lower buildings, creating a nuisance.
As the responsible authority, the Minister has discretionary power to approve or deny permits based on legal reasoning. Because former Minister Egbert Doran approved the permit, a strong legal basis is required to revoke it. “Without clear justification, such a revocation could lead to litigation,” Gumbs said.
He emphasised the long-term consequences of past decisions, noting a disconnect between development approvals and the needs of residents. He pointed out that while high-end real estate continues to expand, essential infrastructure such as drainage, trench maintenance, and hillside erosion control has been neglected. Furthermore, no policies have been implemented for housing, land distribution, or zoning.
While acknowledging financial constraints, Gumbs stressed that public-private partnerships and strategic permitting conditions could help alleviate government infrastructure burdens. “Adding more to already strained infrastructure without urgent interventions is a recipe for disaster and poor governance, the effects of which we feel daily,” he said.
In response to ongoing concerns, the Ministry is implementing reforms to enhance transparency. One proposed change is notifying the public of permit requests before approval. Although not legally required, this measure would provide early information to concerned stakeholders, a practice already in place in parts of the Kingdom.
Additionally, a new Ministerial Decree will expand the information disclosed in permit publications. Future announcements will include details such as the number of floors and units, as well as whether the development is residential, commercial, or mixed-use.
Gumbs noted that some of these recommendations date back to 2016 but were never implemented. “While I can highlight the failures of my predecessors, I am now in the seat. I will make mistakes, but they must be reasonable, acknowledged, and addressed with solutions to ensure they do not happen again,” he concluded.
