WILLEMSTAD – A legal challenge by residents and a neighborhood association against a large-scale apartment development in Jan Sofat has failed to stop the project. The court ruled this week that the building permit granted by the Minister of Traffic, Transport, and Spatial Planning (VVRP) to developer Gran Canari will remain in force, despite initial shortcomings in the decision-making process.
The case revolved around a permit issued on October 17, 2024, allowing Gran Canari to build 28 apartments across six blocks, complete with underground parking, utilities, a swimming pool, pump house, sauna, and gym on a designated plot within the upscale Jan Sofat neighborhood.
A total of eight individual residents and the Jan Sofat Neighborhood Association (BVJS) filed formal objections, arguing that the project violates the Island Development Plan (EOP)—specifically its regulations on housing density and building height. Each party submitted extensive documentation supporting their case.
On June 23, 2025, the court conducted an on-site visit to the project location and the nearby residences of the complainants. Two days later, on June 25, a public hearing was held, during which the minister was asked to further clarify the rationale behind the approved building height and the housing density calculations. The Tourism Master Plan was also submitted as supporting material.
Court Finds Residents Had Standing but Upholds Permit
In its ruling, the court confirmed that all individual residents involved were legitimate stakeholders in the case, making their appeal admissible. However, the appeal by the BVJS was dismissed, as the association failed to submit valid authorization to act on behalf of its members.
While the court agreed with the residents that the original decision lacked sufficient justification—particularly regarding the building height exceeding 8 meters—it concluded that the deficiencies were later adequately corrected. The court noted that both the ministry and Gran Canari had successfully clarified and justified the need for taller structures through supplementary written arguments and during the hearing.
As a result, although the court formally nullified the original permit due to its initial flaws, it allowed the legal effects of the permit to remain in place, effectively paving the way for construction to proceed.
Community Divided
The ruling is likely to stir continued debate within Jan Sofat, where many residents remain concerned about the impact of increased housing density and the scale of new developments on the neighborhood's character and environment.
Meanwhile, Gran Canari and the VVRP ministry can now move forward with their plans, armed with judicial backing despite the vocal objections from the local community.
The court's decision underscores the delicate balance between urban development goals and community concerns, a tension that is increasingly at the forefront of spatial planning across Curaçao.
