WILLEMSTAD – Construction of a large storage warehouse along Caracasbaaiweg in Curaçao may continue despite objections from nearby residents who fear that the development will bring increased truck traffic, noise, dust and disruption to their neighborhood. The Court of First Instance has rejected a request to temporarily suspend the building permit, ruling that the residents have not demonstrated sufficient grounds to halt construction while their formal objection is being considered.
The warehouse, covering approximately 1,731 square meters and standing more than eight meters high, is being developed by Lunapark Minimarket B.V.
The company received a building permit from the Minister of Traffic, Transport and Spatial Planning (VVRP) on August 14, 2026.
Construction had already begun when residents approached the court seeking an interim injunction to prevent the project from proceeding.
Although the exact location has been anonymized in the court ruling, the property is situated along an unpaved residential street in the Caracasbaaiweg area, surrounded by homes and several commercial buildings.
Residents argued that the warehouse would significantly change the character of their neighborhood.
According to the objections presented to the court, the building occupies nearly the entire width of the property and is considerably larger than the surrounding residential structures.
Neighbors also expressed concerns about losing views toward Tafelberg and Bottelier.
However, the court determined that residents do not have a legal right to permanently preserve an unobstructed view.
Warehouse Permitted Under Zoning Regulations
A central issue in the dispute was whether a commercial storage facility of this size could legally be constructed in an area primarily used for housing.
Under Curaçao's Island Development Plan (EOP), the property is designated as an urban residential area.
The court noted that this zoning classification does not exclusively permit residential buildings. Certain commercial activities are also allowed.
According to the judge, the minister had sufficiently explained why the proposed warehouse could be accommodated within the existing development pattern of the surrounding area.
The court therefore found no immediate grounds to suspend the permit based on the building's size or its location within the neighborhood.
Company Promises Restrictions on Truck Traffic
The potential impact of delivery trucks was another major concern raised by residents.
They argued that trucks loading and unloading merchandise could cause noise, dust and traffic problems along the unpaved street.
During the proceedings, Lunapark Minimarket explained that the warehouse would be used exclusively to store merchandise for an existing minimarket.
The company also made several commitments intended to limit inconvenience to neighboring residents.
According to those commitments, truck deliveries will take place only between 8:00 a.m. and 6:00 p.m., with no deliveries on Sundays.
Loading and unloading must occur on the company's own property rather than on the public road.
The company also agreed to restrict deliveries to trucks with a maximum size of 20 feet.
Lunapark Minimarket indicated that truck movements would generally be limited to a few times per day, although additional deliveries might occasionally be necessary around holidays.
The court attached considerable importance to these assurances when assessing the potential impact on the surrounding neighborhood.
The VVRP minister also indicated a willingness to incorporate the restrictions as formal conditions attached to the building permit.
Regarding possible noise restrictions, the minister explained that additional investigation and consultation with the Ministry of Health, Environment and Nature (GMN) would first be necessary.
Residents Question Removal of Existing Home
Another objection concerned the demolition or removal of an existing residential property to make room for the warehouse.
The residents argued that the development would reduce the available housing stock, contrary to provisions of the Island Development Plan intended to protect residential accommodation.
The minister responded that the number of homes in the surrounding area had increased in recent months through residential densification.
Based on that explanation, the court provisionally accepted that the loss of one residential property did not violate the applicable development regulations.
The judge therefore rejected this argument as a basis for temporarily stopping construction.
Legal Dispute Not Yet Concluded
Although the ruling allows construction to continue, it does not mean that the warehouse's building permit has received final judicial approval.
The court considered only whether the permit should be suspended while the residents' objection is being processed.
The minister must still issue a formal decision on that objection.
The outcome of the administrative objection procedure could determine whether the permit remains unchanged, is modified or becomes subject to additional requirements.
For now, Lunapark Minimarket is permitted to continue construction.
The ruling illustrates the legal challenges that can arise when commercial developments are proposed within established residential neighborhoods, particularly when residents raise concerns about traffic, environmental nuisance and changes to the character of their surroundings.
The court's decision also places importance on the company's commitments to restrict delivery operations, although the final conditions attached to the permit remain subject to further administrative action.