Friar's Bay: local residents opposed the construction of a hotel

They unsuccessfully challenged a building permit. Local residents of Friar's Bay* approached the judge of the administrative court of Saint Martin through their representative in order to suspend the execution of a territorial decree granting the construction of a hotel on Rue de l'Etang Guichard.

On July 3 last year, the executive council voted in favor of the building permit application submitted by a company. This was a tacit decision to grant the permit, as the three-month deadline for the Collectivité's urban planning department to review the application had expired a week earlier. On September 1, residents living near the ten plots of land involved in the project filed an appeal with the COM, to no avail. On December 24, residents asked the judge in summary proceedings to suspend the execution of the COM's decision.

They argued that the “condition of urgency”—one of the legal grounds on which a judge may suspend a decree—was met insofar as “the situation [was] difficult to reverse, the work was likely to begin immediately,” and this risked “causing serious and immediate harm to their situation.”

Furthermore, the unions argue that the territorial order is not “sufficiently justified,” that "the building permit application did not include all the documents required by the regulations, and that it was issued without the mandatory consultations and opinions. They add that the application “disregards” certain provisions of the forestry code and local urban planning (POS) and natural risk prevention (PPRN) plans.

They believe that it also disregards certain environmental rules (particularly those relating to drinking water networks, electrical capacity, waste management, and the location of the garbage room) and those relating to public safety and health “since the construction of a restaurant, swimming pool, and bar presents obvious risks of noise and visual pollution for surrounding residents.”

The residents also assert that "the SDIS (fire and rescue service) has issued an unfavorable opinion on the granting of the building permit.

The Collectivité responded in its defense on January 12 that “the file was complete.” It considers that “the condition of urgency is not met since the petitioner has informed it of his intention to file an application for a modified permit and mediation is underway.” This was done on January 19.

In the end, the examination of the case did not allow the judge to find that the arguments put forward by the residents were “such as to raise serious doubts as to the legality of the contested order.” He therefore rejected all of the requests made.

Finally, according to the executive council's deliberations, the project involves the construction of 30 housing units with a total floor area of 2,170 square meters. The project is intended to be a “hotel residence.” The elected officials' decision was accompanied by requirements: “the petitioner must comply with any reservations expressed by the Saint Martin Water and Sanitation Authority (EEASM), the Safety Commission (CCPS), and the Accessibility Commission (CCPA), which will be communicated at a later date or attached to this authorization.”

* Three co-ownership associations, two companies, and the owners of several real estate complexes located within the subdivision joined forces to file a total of four identical petitions. Given their similarity (same territorial decree and same arguments), the court combined them to rule on the case and issue a joint decision.