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Law-quirk mended by retroactive Rent Committee appointments

PHILIPSBURG--An interesting quirk in the law came to light in late June, whereby St. Maarten Rent Committee decisions since 10-10-10 could be deemed voidable because none of the committee members had been appointed by National Decree (“Landsbesluit”) since then. The Daily Herald has now learned that the appointments have been made by decree, retroactively.

At the time, attorney Joeri Essed of BZSE Attorneys at Law posted to the company’s blogsite that the Court of First Instance had nullified a Committee decision on this basis, and that although it said possible retroactive appointments could validate some decisions, “the playing field is now open for those who have been negatively affected by a decision of the Rent Committee that has been taken after October 10, 2010.”

“On April 13, 2015, the Court...in its capacity of appellate court for decisions taken by the Rent Committee, passed a judgment that may very well have great implications for all decisions taken to date by compositions of the Rent Committee in which one or more of the committee members have not been appointed by Country Decree...”

The grey area provided “food for discussion among legal professionals,” he had posted.

In an invited comment at the time, Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VROMI Secretary-General Louis Brown told The Daily Herald that now-former VROMI Minister Marcel Gumbs had approved a proposal to appoint members, and forwarded this to Governor Eugene Holiday for signing on June 22.

According to the new information, the Governor issued the decree on August 28, and this was signed off by VROMI September 29.

The Committee should comprise three members, including a Chairman Read more

When will PJIAE get its FBO Building Permit --- Building Permit sent to Prime Minister’s Office two weeks ago.

style="text-align: center;">Creditors still have hope and waiting for Project to kick off.

PHILIPSBURG:--- SMN News received information that the head of VROMI Louis Brown signed off on the building permit for the Fixed Based Operations (FBO) Project which is to be constructed at the Princess Juliana International Airport (PJIAE) some two weeks ago and sent it to the Office of the Prime Minister but to date the Prime Minister of St Read more

Proposal to appoint Rent Committee members by Country Decree approved

PHILIPSBURG--A proposal to appoint members of St. Maarten Rent Committee retroactively by Country Decree (Landsbesluit) has been approved by Minister of Public Housing, Spatial Planning, Environment and Infrastructure VROMI Marcel Gumbs and the decree was forwarded to Governor Eugene Holiday for signing on June 22, according to VROMI Secretary-General Louis Brown, who answered questions posed by The Daily Herald about the topic.

Attorney-at-Law Joeri Essed of law firm BZSE pointed out on Thursday an interesting quirk in the law whereby Rent Committee decisions since 10-10-10 could be deemed voidable because none of the committee members had been appointed by Country Decree Read more

RFA meets reps of culture & heritage

PHILIPSBURG--Rain Forest Adventures (RFA) recently shared its plans for the Plantations Industry and Golden Rock (commonly called Emilio Wilson Estate) with members of the heritage, culture and environmental groups as well as other stakeholders.

"The meeting ended in a commitment to continue working together and incorporating best ideas and practices as the project develops," John Dalton of Rain Forest Adventures told The Daily Herald via e-mail on Sunday.

Dalton shared with attendees' his company's objective to showcase St Read more

>PHILIPSBURG:--- The Council of Ministers approved the long lease that is to be granted to Rainforest Adventure on March 18th 2015.
According to documents SMN News obtained showed that an advice prepared by Domain Affairs which was signed off by the head of VROMI Louis Brown on March 9th 2015 and booked in at the Department of General Affairs under Div Read more

Oyster Pond works attract inspections, warning letter

OYSTER POND--Excavation and clearance works that have included the pushing of excavated soil into Oyster Pond and the clearance of an estimated 100 square metres of mangroves have warranted inspection by the authorities and a warning letter calling for those responsible to either produce the relevant building permit or request one.

Further decisions will be taken after the building permit status becomes clear. The Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VROMI is looking into the situation Read more

Plans Little Bay Include Open Beach-Access

St. Maarten – Karis Development NV obtained a building permit for the construction of seven apartment buildings in Little Bay, between Little Bay Pond and the beach. The permit department at the Vromi-Ministry approved the permit on October 20. The building site became the center of a controversy earlier this week, after the landowner closed off public access to the beach. The gate has since then been reopened, but public concerns about free access to the beach persisted.

Vromi-Minister Maurice Lake showed the building plans yesterday to reporters Read more

Belair beach property plans include paved beach access

PHILIPSBURG--A site plan of the future residential complex on the property directly in front of the Belair beach, detailing the development plans which include paved public access to the beach, and a copy of the permit were made available to the press for viewing on Thursday, December 4.

The press conference was called to address widespread property development questions – brought to the foreground due to the December 1 blocking of the entryway to the beach ¬– by Minister of Public Housing, Environment, Spatial Planning and Infrastructure VROMI Maurice Lake.

VROMI Secretary General Louis Brown and Permit Department head Angel Meyers also were on hand to explain the plans Read more

Beach entry technically reopens, need for legislation highlighted

BELAIR--Property development representatives technically have reopened the entryway to the Belair beach after it had been closed off on the morning of December 1, preventing public access to the beach.

However, the “No trespassing” and “Private property” signs remain, and another one even has been added since Tuesday, on a tree directly in line with the only entryway, a footpath (see Tuesday edition of The Daily Herald).

The newly-fixed fence has been drawn back to technically allow foot access, although this can be considered a “mental barrier,” according to the Beach Access Policy Read more

Access to Belair Beach shut over disagreement

A shut and repaired gate and fence closing off access to the Belair beach is clearly marked with “No trespassing” and “Private property” signs.

 BELAIR--The entryway to the Belair beach was shut off yesterday, December 1, in a move spurred by the owners upset about the planting of palm trees on the beach.

It would appear, based on the “For sale” signs up until recently and the newly-repaired fence and gate, that the property directly in front of the shore was sold to new owners who did not know the rule that beaches have to be accessible to the public.

However, the property was taken off of the market and is still under the same ownership, as confirmed by Tendal Real Estate which had advertised the property for sale.

The owners, the Pavan family, live in Venezuela Read more

style="text-align: center;">Can Caretaker Minister sign off on new requests?

PHILIPSBURG:--- A post on Facebook by one of the founding members of St. Maarten Pride Foundation directed especially to St. Maarten media personnel to seek clarity on a building permit that was submitted by Simpson Bay Yacht Club developer Miti Katz to develop a plot of land including the Belair Pond (Little Bay Pond). The writer of the post said that based on information she received, the owner of the land died but his son inherited the property and that person identified as Johnny Pavan made an agreement with one Miti Katz to develop the property Read more