VROMI Minister Patrice Gumbs in the House of Parliament on Friday
~ Court ruling underscores need for legal clarity as misclassification of permits continues
PHILIPSBURG--Minister of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI) Patrice Gumbs claims the Ministry was not fully aware of the legal requirements for Civil Works permits—an oversight he says explains why he personally signed off on building permits without the necessary prerequisite documentation.
Gumbs, who represents the Party for Progress (PFP), made the assertion during a parliamentary session on Friday in response to questions posed by National Alliance (NA) Member of Parliament Ardwell Irion. He told Parliament that a Ministerial Decree is currently being finalized to clarify when Civil Works permits are required.
“I am happy to announce that the initiative is in its final stages and receiving feedback from all stakeholders,” said Gumbs.
The Minister’s remarks raised eyebrows, particularly as the Ministry’s senior staff—Head of Policy Raitza Narain, former Head of Permits and current Head of Infrastructure Charlon Pompier, and senior policy advisors Timothy Baly and Ildiko Gilders—were directly involved in the 2021 reinstatement of Article 28a of the National Ordinance for Spatial Development Planning (LROP), the very article that governs Civil Works permits.
Since Article 28a was reintroduced, Civil Works permits have routinely been misclassified as Building Permits in the National Gazette. This practice has continued under Minister Gumbs’ leadership, despite prior assurances that the publication process would be updated to comply with the law and safeguard the public’s constitutional right to object. No such reforms have yet materialized.
Friday’s session was the continuation of a February 24, 2025, public meeting of Parliament addressing the delayed publication of permits and the need for legal transparency. During deliberations on April 7, Gumbs maintained that the public retains the right to object—even when notices are published late.
“There is always the possibility, even if the six-week time frame for objections has passed, to go to the courts,” he said. However, in the most recent session, he offered no explanation as to why residents must bear legal expenses to contest decisions that should have been open to objection through timely public notice.
A recent court ruling highlighted the legal separation between Building and Civil Works permits. On April 2, 2025, the Court upheld a stop order issued by Minister Gumbs on March 11 against NLGY Development for carrying out excavation work without a Civil Works permit, in violation of Article 28a.
The Court noted: “Nowhere in the text of the building permit does it appear that permission is also granted for civil works. On the contrary, the building permit states that the project is also subject to ‘other ordinances that may be applicable thereto.’ Furthermore, the assessment criteria for issuing a building permit and a civil works permit are different, and each has its own grounds for refusal under separate legal frameworks.”
The ruling also reaffirmed that Civil Works permits must be made publicly available at the Government Administration Building for six weeks, and announced via official public channels and in local newspapers in both Dutch and English, as required by Article 4(2) of the LROP.
Originally introduced in 2000 as a temporary measure, Article 28a expired in 2012 following St. Maarten’s 2010 constitutional transition. Its reinstatement—driven by growing concern over unregulated development—was approved by the Council of Ministers in 2014, submitted to Parliament in 2016, and formally reinstated in 2021.
The Party for Progress was instrumental in the reinstatement. On August 3, 2020, then-VROMI Minister Egbert Doran announced that Parliament had unanimously approved the amendment, which was championed by PFP MPs Raeyhon Peterson and Melissa Gumbs, alongside UP MP Rolando Brison. It was officially codified on March 8, 2021.
Despite his party’s role in restoring Article 28a, Minister Gumbs announced on Friday that he will introduce a new Ministerial Decree to amend the existing regulations.
“Permits during my tenure may have lacked civil work permits due to oversight,” Minister Gumbs told Parliament on Friday. “Going forward, the Ministry will take steps to ensure compliance [with the law, Ed.]. If required, projects will be halted as a last resort. This is not only to uphold the law, but also to safeguard the environment of St. Maarten.”
