RBM: Government promised Bubali land and must now deliver
Posted on 23/06/2016 2:24 pm AST | Updated on 6/23/2016 2:27 pm AST
ORANJESTAD -. The decision of 7 June, in the case which the Aruba Birdlife Conservation has filed against the Aruban government has serious implications for the developer RBM Estates (owners Misier and Acosta), especially for the project Las Olas. This formed the basis for a case filed Wednesday morning in court. The government seemed in this case to have made a 180 degree turn with respect to the previous case and RBM practically drop by setting than 'one had to have patience and to wait until they would have been actual site. The reason given was that the 'adaptation' of the Spatial Development Plan (ROP) will still take some time. In the meantime, developers can not 'assume' that they no longer get a commitment, although there is indeed "earlier commitments made.
ARGUMENTS BY RBM ESTATES
RBM Estates has filed the case to have the opportunity to represent their interests because they were not a party to the earlier case between ABC and the government and were not even aware of the case. Lawyer Geoffrey Weaver argued that RBM Estates has met during a long journey all conditions and therefore must get the land lease, "But if the verdict of June 7 is maintained, the government can not do this without paying a penalty. "During the examination of the case showed that the developers constantly have been in contact with both the responsible minister (Sevinger) and DIP (Departamento di Infra Trick Tura y Planificacion). The lawyer told the court further that the Minister has said he wants to change the ROP and the site wants to give another destination (not a 'green' area).
According to RBM Estates is not necessary to have a discussion on whether the site is green or not, because of information they would appear to have the site just adjacent to a green zone, namely the Bubali Plas. The property itself would have no green destination. The developers rely on the principle of equality in order to obtain the land lease. According to Weaver, it is also that the project will be developed in the interests of the government, because it delivers tourist 'spin'. The option on the property is indeed expired, that RBM also recognized, but it has received a commitment that the option will be extended for at least 6 months. "We have not yet received it, because DIP has given us notice that they have not been able to make by lack of staff."
SURPRISING OTHER GOVERNMENT INSTALLATIONS
The government has surprised everyone when lawyer Sjiem Fat declared that the claim does have RBM on the field is not valid. This government seems to be drawing 180 degrees to have turned. Fat Sjiem also said that the government is bound by the ROP: something that has denied the government in the previous case. At this time, the field in accordance with the state of the lawyer still "green", so that it can not be issued for development. RBM should have according to the government, please. Is to be viewed, or the field may still be issued in the future, and then it would be possible to provide an option. "But not yet." According Sjiem Fat is the intention that the government will change the destiny of the area as economically more eggeven priority will be to develop and there are enough grounds are protected. But we are not there yet. esey
The lawyer for ABC, Geert Rep was very surprised about the different arrangement of the (lawyer) government. "We expected a tough battle," the lawyer told NoticiaCla.com. It was for him a pleasant surprise to see this other attitude of the government, which they have made mistakes and indicated not to be the ROP breaking now plan and only later will raise this issue on the agenda. "The area now has a green destination and if one is going to change, we will fight again," said Rep in talks with NoticiaCla.com. Rep for the judge stated that although he noted the good intentions of the government now, he continues to insist that one can not spend on the project site, not optional nor lease.