WILLEMSTAD – The Gemeenschappelijk Hof van Justitie has given final approval for the Gran Çanári apartment project in Jan Sofat, clearing the way for the construction of a residential complex consisting of 28 apartments.
The project will be spread across six buildings and had faced legal objections from nearby residents.
Neighbors challenged the development over concerns about the height of the buildings and the possible impact on the value of their homes.
However, the court ruled that the Minister of Traffic, Transport and Spatial Planning (VVRP) acted within the applicable legal framework when granting the necessary approvals.
In its decision, the court emphasized that there is no absolute legal right to an unobstructed view.
The judges noted that taller buildings are permitted under the current development plans, provided that proper balancing of interests is carried out.
According to the court, the objectors failed to provide sufficient objective evidence to prove that the loss of their views would be unacceptable under the law.
The court also dismissed arguments that the project would significantly reduce surrounding property values.
A valuation report claiming damages of 400,000 guilders was considered insufficiently substantiated by the judges.
In addition, the court ruled that the development cannot be classified as a tourist resort.
Although owners may temporarily rent out their units, the apartments are intended for permanent residential use, which falls within the approved zoning and planning regulations.
With the ruling, the Gran Çanári project now has definitive legal approval to proceed.