Embassy Suites loses another case in court: A Beachless Hotel…
The case in question involves the Aruba Birdlife Conservation Foundation (ABC), the Minister of Infrastructure and Spatial Planning (”Prime-Minister”), and a third party, Natura Development N.V. d..b.a. Embassy Suites (“Embassu Suites”). I have followed this case and written columns on the subject before on LinkedIn Part 1 and Part 2. You can also find them on my blog here and here.
ABC challenged the decision of the Minister to grant Natura aan aanlegvergunning (“Permit”) for raising and/or leveling the seabed to create a beach and build two jetties (breakwaters). The Permit was initially granted on June 16, 2023. ABC made objections and requested a provisional measure. The case was jointly heard on November 1, 2023.
- The Court found the appeal by ABC to be valid.
- The Minister’s decision to grant the Permit was deemed incorrect, as the activities for which the permit was issued did not conform to the spatial development plan’s regulations for the designated “Marine Zone.” This zone does not allow for the construction of a beach or jetties without exemption.
- ABC argued that creating a beach contradicts the area’s natural, ecological, archeological, cultural-historical, or geological values. The Court agreed with this assessment.
Key points of the case:
- The Permit and Appeal: The Minister granted Natura a permit on June 16, 2023, for seabed elevation and the construction of two jetties. ABC appealed this decision and requested a provisional measure.
- Court’s Decision on the Appeal: The Court ruled the appeal by ABC as valid. The Minister’s decision was deemed incorrect because the activities for which the permit was granted contradicted the spatial development plan’s regulations for the “Marine Zone“. This zone does not permit the construction of a beach or jetties without an exemption, which the Minister did not grant (at the time).
- Impact on Natural Values: ABC argued that creating a beach contradicts the area’s natural, ecological, archeological, cultural-historical, or geological values. The Court agreed, stating that the activities would detract from the values preserved in the Marine Zone.
- Judgment: The Court overturned the decision to grant the permit and denied Embassy Suites’s application. ABC’s request for a provisional measure was dismissed as the main appeal was resolved.
- Construction of Jetties: The Court also addressed the construction of the jetties, concluding that they were not permitted within the Marine Zone without an exemption.
This decision now removes the burden of the Minister of Environment for granting an “exemption” to, among others, remove the “turtle grass”. By the looks of this, Embassy Suites will have no beach this high season or in the foreseeable future or ever. #BeachlessHotel #nature #YourFavoriteColumnist
