WILLEMSTAD – Construction at The View Resort & Marina in Zakitó will continue for now after the Court of First Instance rejected a request by nearby residents to temporarily halt the project, despite finding several building permit violations.
The development consists of eight apartment buildings with a total of 120 residential units and a planned marina.
One of the most significant issues concerns Building 2, which inspectors determined was constructed to a height of 25 meters, exceeding the permitted height of 20.78 meters by 4.22 meters.
The developer submitted an application on June 5 to amend the building permit for the additional height. According to the Spatial Planning Department, the revised design does not create unacceptable urban planning concerns related to sightlines, wind, sunlight or shadows for neighboring properties.
Because of the pending permit amendment, the court ruled that the minister could reasonably conclude there was a concrete prospect that the violation could be legalized. As a result, enforcement action was not yet required.
The judge emphasized, however, that this ruling does not legalize the additional height. The amended permit has not yet been granted, and nearby residents will still be able to challenge that decision if the government ultimately approves the modification.
The court also declined to rule on complaints concerning dredging activities and the possible absence of an environmental nuisance permit, finding that those matters fall under the Ministry of Health, Environment and Nature (GMN) rather than the Ministry of Traffic, Transport and Urban Planning.
Several other complaints about broader planning and public interest issues were dismissed because they were not linked to specific legal violations that the minister could enforce.
Not all of the residents who joined the case were recognized as interested parties. The court ruled that some lacked valid authorization, others had not signed the original enforcement request, and one lived too far from the development to demonstrate a direct interest. Six nearby residents, living between approximately 40 and 150 meters from the project or with direct views of the site, were recognized as interested parties.
Although the request for a temporary injunction was denied, the court stressed that this should not be interpreted as approval of the project. The request was rejected because the court simultaneously issued its final judgment on the merits of the case, making a temporary measure unnecessary.