WILLEMSTAD – The Joint Court of Justice has cleared the way for the construction of a residential development near Landhuis Stadsrust, ending years of legal disputes between the developer and nearby residents. The project, which now consists of five apartment buildings with a total of 44 units, may proceed after the court upheld the building permit with only one minor modification.
The ruling marks the latest chapter in a dispute that began almost ten years ago.
The original project was unveiled in 2017 as a residential complex for active adults aged 50 and older. At the time, the development included seven apartment buildings with 60 units, along with a swimming pool, fitness center, medical post and hair salon. Former Minister of Traffic, Transport and Urban Planning (VVRP) Zita Jesus-Leito granted the initial building permit in July 2018 for a project valued at approximately US$15 million.
Residents living nearby objected to the development, arguing that it would negatively affect their living environment. In November 2020, the Court of First Instance revoked the permit, and in July 2021 the Joint Court of Justice upheld that decision on appeal.
However, the court also ruled that apartment buildings were not prohibited at the location, leaving the door open for a revised proposal.
The developer, Stadsrust Private Foundation, subsequently reduced the project from seven buildings to five and lowered the number of apartments from 60 to 44. Each building will have two floors. The development is located on a 1.3-hectare site between Kaya Panacea and Nieuwe Caracasbaaiweg. The historic Landhuis Stadsrust itself is not part of the project.
A new building permit was issued in March 2023 but was again challenged by neighboring residents. In June 2024, the Court of First Instance annulled that permit, finding that issues relating to building height, drainage and an old subdivision plan had not been adequately addressed. At that time, a steel structure had already been erected on the site and might have required modification.
The government appealed that ruling and issued a revised permit in October 2025. Residents then took the matter directly to the Joint Court of Justice.
In its latest ruling, the court upheld almost the entire permit, concluding that the revised project complies with planning requirements and may proceed.