GREAT BAY--A homeowner in Indigo Bay was forced to empty a swimming pool as a precaution against the structure potentially slipping from the bank after nearby excavation allegedly undermined a retaining wall, according to information raised Wednesday during the Council of Ministers briefing.
The matter, which is reportedly before the court, was put to Minister of Public Housing, Spatial Planning, Environment and Infrastructure, VROMI, Patrice Gumbs as part of questions concerning the Ministry’s responsibility to inspect construction works and enforce the conditions attached to Civil Works Permits.
Because the dispute was apparently unknown to the Minister, no determination was made during the briefing as to responsibility for the reported damage or whether the excavation violated the applicable permit.
According to information presented to Gumbs, a Civil Works Permit related to the excavation reportedly allows works to a depth of between one and four metres. The journalist questioning the Minister said a survey appeared to indicate that excavation had gone beyond the permitted depth.
Concerns were also raised about the effects on neighbouring properties. In one case, a homeowner reportedly emptied a swimming pool to reduce the weight on the property because of concerns that excavation had undermined the retaining wall and placed the stability of the home at risk.
Also mentioned was reported damage involving foundations and walls and said affected homeowners were now faced with engineering and legal expenses as they sought to protect their properties and address the situation. These were allegations and concerns presented during the briefing and were not findings made by VROMI or the court.
Responding to the broader issue, Gumbs said the matter fundamentally raises questions of enforcement and compliance with permit conditions. He said he was not certain at the time of the briefing whether the specific Indigo Bay matter had formally been reported to the Ministry and indicated that he would first have to familiarize himself with the file before commenting on what VROMI could do in that particular case.
Gumbs explained that VROMI conducts inspections of construction and civil works throughout St. Maarten but acknowledged that the Ministry cannot necessarily identify every potential violation without receiving information about a site. He stressed that obtaining a Civil Works Permit does not give a permit holder unrestricted authority to depart from the conditions approved by government.
Where a permit allows excavation of between one and four metres, for example, excavation beyond that approved depth could trigger enforcement action if VROMI establishes that the permit conditions have been breached. The Minister said VROMI can issue a stop order where ongoing works are found to be contrary to the permit. Gumbs also emphasized that changes which become necessary during construction must first be submitted to VROMI for approval.
If a developer determines after receiving a permit that deeper excavation or another alteration to the approved works is required, the Minister said an amendment must be requested and approved before the additional work is carried out. He cautioned against treating an approved permit as a blanket authorization to alter a project as construction progresses.
The Minister was also asked what assistance VROMI can provide when alleged violations of a permit are said to have affected neighbouring properties. Gumbs explained that there is a distinction between the Ministry’s regulatory responsibilities and a civil dispute between private parties. Where works are ongoing and VROMI identifies a violation, the Ministry can use its enforcement powers, including ordering work to stop while the matter is addressed.
However, once a dispute between property owners or other private parties is before the court, Gumbs said the civil aspects of that dispute must be dealt with through the legal process. That does not mean VROMI has no further role.
Gumbs said the Ministry can provide documentation or statements concerning what was authorized under a permit and what was not, where such information is required in addressing a matter.
He also disclosed that VROMI has the option of engaging third-party assessors where specialized technical expertise is needed and the Ministry does not have that expertise internally. According to Gumbs, external assessors are already being used in several cases across St. Maarten.
Regarding the Indigo Bay situation, Gumbs said the appropriate course would be for him to become acquainted with the file and establish the facts before determining what support VROMI could provide and where the Ministry’s authority ends.
The Minister did not conclude that the excavation exceeded the permit, that it caused the reported property problems, or that any particular party was responsible. His comments instead outlined VROMI’s obligation to enforce approved permit conditions and the avenues available to the Ministry when potential violations are reported.
