Aruba’s Court of First Instance has temporarily halted construction of a planned Taco Bell drive-through by suspending two building permits while the government reconsiders the project.
Seven nearby residents objected to the development, according to a NoticiaCla report on the ruling.
Court identifies height and impact concerns
The court found that the planned building exceeds the 4.5-metre maximum height allowed under the ROPV development rules. It also concluded that the government had not sufficiently investigated potential effects on nearby homes, including noise, odours, lighting and additional traffic.
The police must provide new advice because their earlier assessment covered a previous version of the project, before its entrance and exit were moved to another road. The court also found that the positive advice from the Welstandscommissie was not adequately supported.
Authority to issue modified permit questioned
The ruling identified a separate problem with the modified permit. Under the new Building and Demolition Ordinance, the director of the Department of Public Works must make the decision, but the permit was issued by a minister. The court concluded that the minister did not have authority to issue it.
Government has six weeks to reconsider
MIKA N.V. argued that it intends to open the restaurant on December 15 and that a delay could put the franchise at risk. The judge found that the company began construction while aware of the objections and therefore accepted that risk.
Both permits remain suspended. The minister has six weeks to issue a new decision on the objection to the original permit.
