WILLEMSTAD – Although the Joint Court of Justice has allowed the Stadsrust apartment project to move forward, it ruled that one condition attached to the building permit was too vague and amended it itself rather than sending the matter back to the government.
The disputed condition concerned the drainage of rainwater.
The original permit required the developer to incorporate the existing stormwater drainage system into the project, but the court found the wording too unclear because it failed to specify exactly what work had to be carried out.
Instead of ordering the minister to issue a new decision, the court replaced the condition with a more precise requirement. The developer must now construct the drainage system in accordance with engineering reports and technical drawings prepared by Ascon and BSL.
Because the court corrected the permit itself, the project will not face further delays.
Judges concluded that sufficient technical studies had been carried out on stormwater management. Those studies considered both rainfall falling directly on the site and runoff flowing from surrounding properties.
The court also found that the existing culvert beneath Nieuwe Caracasbaaiweg has sufficient capacity to handle the expected water flow. Nearby residents did not submit an independent engineering report challenging those conclusions.
The court further rejected objections concerning privacy, shadowing, obstruction of the trade winds, fire safety and structural stability. It noted that the revised design removed windows from the northwestern side of Building A to reduce overlooking of neighboring properties.
The judges also clarified how building height should be measured under Curaçao law. If land is simply leveled and prepared for construction, height is measured from the resulting ground level. However, if additional fill material is later added to raise the foundation, the building height must be measured from the original ground level, and the additional elevation must be shown on the construction drawings.
If future inspections show that additional fill caused the buildings to exceed the approved height, that would become an enforcement matter rather than grounds to invalidate the permit.
The court also ruled that the 1960 subdivision plan for Stadsrust remains legally valid. While the minister had argued that the plan was outdated, the judges said the established building setback lines must still be respected.
In the revised development, Building E was rotated and the parking layout changed, bringing the building into compliance with the required 11-meter setback from Nieuwe Caracasbaaiweg.
Although the appeals filed by three neighboring residents were formally upheld because of the unclear drainage condition, the court's correction allows the permit to remain in force. The government must reimburse ANG 2,100 in legal costs, but after years of litigation, the significantly scaled-down housing project can now move forward.