On March 7, 2025, VROMI Minister Patrice Gumbs approved demolition of the building at 39 Beacon Hill Road – a Civil Works permit was published in the National Gazette under Building Permit (BP) number BP#047/2024, whereas the developer has no known building permit for the neighbourhood-contested commercial development.
PHILIPSBURG--Minister of Public Housing, Spatial Planning, Environment and Infrastructure VROMI Patrice Gumbs, representing Party for Progress (PFP), dismissed what he described as the “recurring narrative” that he opposes development. Speaking during Wednesday’s Council of Ministers press briefing, Gumbs emphasised that his focus is on sustainable development rather than blocking growth.
“I think this continuous narrative that I am against development needs to be corrected,” said Gumbs. “My family has been involved in construction and development for decades, so I could never be against what has been part of my own life. What I am against is unsustainable development.”
He cited the Ebenezer hillside collapse as an example of poorly planned construction with long-term consequences. The government recently spent nearly XCD 900,000 (approximately US$ 500,000) to repair damage caused by improper excavation and the absence of retaining walls some 20 years ago.
“This is not about saying ‘no’ to construction,” Gumbs said. “It is about making sure we do it the right way to prevent disasters and save money for other national priorities like healthcare and education.”
He clarified that denials of building permits are based on legal, zoning, and environmental considerations, not political motives. “None of the denials have been about development itself. They are about whether a request is legal, permitted by zoning, and safe for the environment and the community. I cannot, in good faith, allow construction that risks a hillside collapse or creates hazards we will pay for for decades.”
Gumbs also said that all previous VROMI ministers had had to deny permits at times due to land and environmental constraints. “I am the first minister to try to strike a balance between past practices and the future needs of St. Maarten,” he said.
The Ministry is reviewing draft zoning laws and plans to present updates in an upcoming press briefing, including examining whether restrictions such as height limits remain suitable for modern development.
Part of the current backlog in building permits, according to Gumbs, is linked to the Civil Works Permit requirement reinstated in April 2021. In Parliament on May 23, in response to questions from National Alliance MP Ardwell Irion, Gumbs – who was sworn in as Minister of VROMI on June 24, 2024 – said the Ministry had not been fully aware of the legal requirements for Civil Works permits at the time, which he cited as a reason for signing off on some building permits without all prerequisite documentation.
He added that a Ministerial Decree was being finalised to clarify when Civil Works permits are required and that the initiative was in its final stages, receiving stakeholder feedback.
However, senior Ministry staff were involved in the 2021 reinstatement of Article 28a of the National Ordinance for Spatial Development Planning (LROP), which governs Civil Works permits.
Since then, Civil Works permits have often been misclassified as Building Permits in the National Gazette, a practice that continues despite assurances that the publication process would be corrected to comply with the law and safeguard the public’s right to object.
Specific cases have raised further concerns. On March 7, 2025, Minister Gumbs issued a Civil Works permit for the demolition of part of a residence on Beacon Hill Road. The permit was published in the National Gazette on July 18, 2025 – exceeding the legal six-week period for affected parties to appeal and after a new foyer had already been constructed on the property.
In another case, the Beacon Hill community noted on March 14 that the Minister had approved demolition of a small building at the former airport beacon site, a popular tourist lookout. The Pride of Beacon Hill Homeowners Association (PBHA) questioned the legality of an accompanying billboard advertising a multi-floor commercial condo development in a residential-only zoned neighbourhood. PBHA noted that units were reportedly pre-sold despite no known building permits being issued in the past five years.
The Daily Herald sent questions regarding Civil Works and building permits to Minister Gumbs’ spokesperson on March 18, 2025, including concerns about Civil Works permits being assigned Building Permit numbers despite the absence of actual Building Permits. As of this report, these questions have not been answered.
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 amendment legally requires Civil Works Permits for “Profound Civil Works”, which include raising and excavating land; construction of roads and pavement; activities and construction works that impact water management; felling and clearing of trees; demolition of structures; and filling-in of water.
The PFP party was instrumental in the reinstatement. On August 3, 2020, then-VROMI Minister Egbert Doran (National Alliance) 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 May 23 in Parliament that he will introduce a new Ministerial Decree to amend the existing regulations.
“Permits during my tenure may have lacked civil works permits due to oversight,” Minister Gumbs told Parliament. “Going forward, the Ministry will take steps to ensure compliance [with the law – Ed.].”
