WILLEMSTAD – Home care organization Carin Cares has definitively lost its legal battle against the construction of a neighboring apartment complex on Lyraweg. The ruling was issued by the Court of Justice, which rejected the organization's appeal and upheld the decisions made by the government regarding the project.
Carin Cares had challenged modifications made to the building plans of project developer Lyra and argued that the Minister of Traffic, Transportation and Spatial Planning (VVRP) should have taken enforcement action. According to the care provider, the expansion of balconies and terraces would negatively affect the surrounding area by reducing airflow, compromising privacy, and increasing fire risks.
The Court, however, found no grounds to support those claims. Judges ruled that the original building permit granted in 2022 had already become final and legally binding. They further concluded that the minister had acted correctly in approving the recent, relatively minor changes to the development plans.
The ruling referenced an independent expert assessment, which determined that the reduced distance between the apartment complex and the property boundary would not result in unacceptable nuisance or harm to neighboring properties.
The Court also noted that a new permit had already been granted during the summer of last year. As a result, there was no illegal construction situation at the time the minister made the contested decision. Because of that, the minister was not obligated to take enforcement measures against the project.
With the Court's decision, the legal dispute appears to have come to an end, allowing the apartment development on Lyraweg to proceed without further judicial obstacles.