WILLEMSTAD - The judge ordered Hans Robben, as developer responsible for the construction of Ritz apartments in Scharloo, to suspend the construction of the project.
Robben may not be allowed to continue as long as he does not adhere to the conditions set by the fire department included in the building permit.
The verdict was given in a lawsuit that "neighbor" Curaçao Vastgoed bv of the Dutch Linden Group had brought against Robben personally, The Ritz Residence Exploitatie bv, Consulate Apartments SPF and E-Trading Suites nv.
The petitioner owns the buildings and plots in Scharlooweg 29 and 33 and also owns the site behind Scharloo 31, where the Ritz apartments are being built.
In May this year, the Minister of Traffic, Transport and Spatial Planning (VVRP), Zita Jesus-Leito, issued a permit for the construction of 40 studio appartments. The fire departments has indicated that they have no objection, but the apartments must be easily and adequately accessible with large extinguishing equipment and a ladder.
Curaçao Vastgoed argues that the apartments are not adjacent to the public road and that fire regulations are not met. An objection has also been raised on this point, but it has not yet been decided.
This concerns the width of the road on the site, partly in combination with the overhanging balcony over the road, which means that a fire truck and ladder truck cannot reach it. By not adhering to the building permit, Robben is acting unlawfully. A safety standard is being violated and that creates a dangerous situation, also for the surrounding buildings of Curaçao Vastgoed.
Robben has argued that the safety situation has already been adjusted, partly on the advice of the fire department itself, and that an amendment to the permit has been requested. However, according to the court, it is not yet certain that this change will also come. This means that in the context of the proceedings, the permit has been violated and the construction of the project must be halted.