KRALENDIJK- The project developer of the Chogogo Resort, the Schellevis family, felt very surprised by the behaviour of the Public Entity Bonaire, when it comes to the intention to fine the resort for violation of the various ordinances, when it comes to improving the beach.

This becomes clear from a letter that the developer’s lawyer’s office, Van Eps Kunneman Van Doorne (EKVD), sent to the Executive Council. “Client is very surprised by this state of affairs and the content of the Notice (to impose the fine, editor), all the more so since an application was submitted on August 12, 2021 to obtain a permit with regard to the work in progress. Unfortunately, the client has not yet received a decision on that application from the Executive Council,” writes lawyer Tom Peters of EKVD.

Peters also notes on behalf of the Chogogo Resort that ‘client continues to make efforts to implement this project, which is so important for Bonaire, in close consultation and coordination with the local government and the competent authorities’. The lawyer refers to ‘a surprise attack from the side of STINAPA’.

Decay

Peters also mentions the fact that the Sunset Beach site had already fallen into disrepair before the work started and that his client always believed that they were acting in accordance with the agreements made with Bonaire Overheidsbedrijven NV (BOG), which sold the land to Chogogo for the development. 

“In the design of the sea side of the hotel, a lot of attention has been paid to the combination of ecology and high-quality services and appearance”, according to Peters. The lawyer states, on behalf of his clients, that -formally speaking- there is not even a question of the construction of a beach adjacent to the marine park, but that Chogogo Resort, nevertheless, ‘haas taken all due care and the design has been carried out in accordance with the provisions set out in the Island Decree. 

Lawsuit

 After that, the lawyer’s letter becomes less friendly. “If it is not possible to bring this matter to a successful conclusion in the coming days in good mutual consultation, the client will be forced to use legal remedies against the Notice. If this leads to annulment or revision of the Notice, then it is established that there has been an unlawful decision, as a result of which the client will claim compensation for the damage suffered and to be suffered,” according to Peters.

The lawyer further points out that damage will not be minor due to the delay in the execution of the project caused by the Notice and the obligations already entered into towards third parties. In that context, the Client reserves all rights and will therefore denounce a number of formal omissions that will have to lead to the cancellation of the Notice in any case,” concludes Peters.

Soothing

In the meantime, things seem to have calmed down somewhat, with a joint press statement at the end of last week from the two parties, in which the Public Entity seems to be taking part of the blame for the situation which has arisen. In the meantime, it is not really clear whether the fine is now (completely) off the table or remains in place. As The BES Reporter understands, a final decision has not been taken on the matter and even within the Executive Council itself, there appear to be varying views on the matter. 

With the joint press release sent out, the Public Entity seems to be inclined to take at least some of the blame for the situation which has arisen and seems to agree that the defense compiled on behalf of Sunnyside Exploitatie B.V, as the Developer’s Company is officially named, contains some valid points.