Etoile Hotel permit cancelled
- Thread starter andynap
- Start date
Saline Man
SBH Insider
cassidain
Senior Insider
La Cour administrative d’appel annule le permis de construire de l’Émeraude St Barth
Par une décision rendue le 29 avril, la Cour administrative d’appel de Bordeaux annule la délibération de la Collectivité territoriale du 14 août
2024 qui accorde un permis de construire modificatif à la société SAS Beach Real Estate Invest pour bâtir sur la baie de Saint-Jean un hôtel
de 38 chambres baptisé l’Émeraude St Barth.
Long article today in Le Journal: https://www.journaldesaintbarth.com/temp/journaldesainttbarth-1614-1-20250502081247.pdf
Bottom line, the developers take issue with the decision for multiple reasons and insist they will appeal the decision to a higher court and that in one form or another the project will go on and that the hotel will open.
The "fraud" referred to seems to be based on a possibly controversial interpretation of the relevant local statutes and the awarding of the original permit many years ago, The COM is studying the ruling before posting a response.
Par une décision rendue le 29 avril, la Cour administrative d’appel de Bordeaux annule la délibération de la Collectivité territoriale du 14 août
2024 qui accorde un permis de construire modificatif à la société SAS Beach Real Estate Invest pour bâtir sur la baie de Saint-Jean un hôtel
de 38 chambres baptisé l’Émeraude St Barth.
Long article today in Le Journal: https://www.journaldesaintbarth.com/temp/journaldesainttbarth-1614-1-20250502081247.pdf
Bottom line, the developers take issue with the decision for multiple reasons and insist they will appeal the decision to a higher court and that in one form or another the project will go on and that the hotel will open.
The "fraud" referred to seems to be based on a possibly controversial interpretation of the relevant local statutes and the awarding of the original permit many years ago, The COM is studying the ruling before posting a response.
Jeanette
Senior Insider
I am curious why you think the project is a monstrosity? My understanding (based on forum posts only) is that they were awarded a permit for a scaled-down version of the hotel that would not include underground parking.
Leon
Senior Insider
This article said that the new permit in question is for a bigger hotel than the original was if read it correctly. Full disclosure: I did not look at the blueprints myself.
Jeanette
Senior Insider
I've read conflicting articles that the original design was larger with underground parking and both the size and underground parking were addressed in the revised design
Permits aside, I don't view the current design as a monstrosity. With "only" 38 rooms, the design will be significantly smaller than Isle de France and Guanahani (60+ rooms each) and slightly smaller than Le Sereno and Le Barthelemy (40+ rooms each). The hotel is replacing Emeraude Plage, which had a villa, two cottages, 21 bungalows and four suites. If the design is similar to the Balinese-style of Le Barthelemy, it could blend splendidly on the St. Jean Beach landscape. I'm a beach person and I love the idea of a small luxury boutique hotel that is walkable to St. Jean restaurants and an easy drive to Gustavia. It may also give a little competition to the Eden Rock.
Permits aside, I don't view the current design as a monstrosity. With "only" 38 rooms, the design will be significantly smaller than Isle de France and Guanahani (60+ rooms each) and slightly smaller than Le Sereno and Le Barthelemy (40+ rooms each). The hotel is replacing Emeraude Plage, which had a villa, two cottages, 21 bungalows and four suites. If the design is similar to the Balinese-style of Le Barthelemy, it could blend splendidly on the St. Jean Beach landscape. I'm a beach person and I love the idea of a small luxury boutique hotel that is walkable to St. Jean restaurants and an easy drive to Gustavia. It may also give a little competition to the Eden Rock.
MichaelG
SBH Insider
This is a DeepL translation of the decision. Legal scholars, feel free to correct my conclusions! It's dense, but appears to say that the developers will need to start all over and restate the size of their buildable parcels and, accordingly, what they plan to build. The JSB today indicates they plan to appeal first. It also says that in the negotiations for the now-cancelled amended permit, they agreed to shrink the underground parking structure.
Totally concur, Jeanette! I’ve closely followed the legal course & have likewise reviewed plans during the many years in the twisted path of the proposed hotel’s development. The current, recently approved design is materially scaled down from the initially approved design . . . and, far from being a monstrosity, presents — IMO — an attractive resolution of aesthetic & other issues raised by complainants.
Amery
SBH Insider
Having read the Journal article in translation (always a challenge) it seems an important element of this is that the court negated the original proposal from Dec 2019 due to "fraud" involved--something about a parcel that was not to be built upon in the original land lease agreement? Thus all proposals approved thereafter are considered null. I am about as far from a lawyer as one might get--with a lot lost in translation--so might be mistaken. Will be interesting to see how this gets resolved.
Leon
Senior Insider
I am sure good AI can summarize it. We just need to find the proper AI engine.
Leon
Senior Insider
Here is the summary generated by Open AI Pro:
Below is a concise summary of the 26‑page decision rendered by the Bordeaux Administrative Court of Appeal on April 29, 2025, in the consolidated appeals nos. 22BX00793, 22BX00957, 24BX03086 and 24BX03088 concerning the St Jean Beach hotel project in Saint‑Barthélemy.
Key takeaway: Because the very first permit was obtained by fraud, none of the subsequent corrective permits could cure that foundational defect, and the Court of Appeal upheld the annulment of every permit to St Jean Beach Real Estate Invest.
Below is a concise summary of the 26‑page decision rendered by the Bordeaux Administrative Court of Appeal on April 29, 2025, in the consolidated appeals nos. 22BX00793, 22BX00957, 24BX03086 and 24BX03088 concerning the St Jean Beach hotel project in Saint‑Barthélemy.
1. Procedural history and parties
- Original permits:
- Dec. 19, 2019 – building permit for a 50‑room hotel granted to SAS St Jean Beach Real Estate Invest.
- June 3, 2021 – first amending permit (removing a floor, reconfiguring pools, adding technical premises).
- Lower‑court ruling (Dec. 23, 2021): Administrative Court of Saint‑Barthélemy annulled both permits for failure to assess properly hurricane‑flooding and beach‑erosion risks (non‑compliance with art. 112‑2 of local planning code). amending permit** (Aug. 14, 2024): issued after mediation—reduced rooms to 38, scaled back basements, set buildings further from the shore.
- Appeals:
- St Jean Beach and the Collectivity of Saint‑Barthélemy appealed the annulment (22BX00793 & 22BX00957).
- Neighbors Lil’Rock Beach (24BX03086) and Solid Rock Property/Afternoontea/Eden Rock (24BX03088) sought to overturn the second amending permit.
2. Jurisdiction & standing
- The Court of Appeal alone has jurisdiction over challenges to an amending permit issued during appeal proceedings (art. L. 600‑5‑2, Urbanism Code) ck Beach** (beach restaurant owner) lacked a direct interest: the 2024 amendments actually reduced hotel size, parking and traffic impacts, so its petition was dismissed for want of standing Rock/Afternoontea/Eden Rock** (adjacent hotel owner) demonstrated direct traffic and environmental interests and thus had standing to intervene . Merits
- Original permit obtained by fraud
- St Jean Beach’s lease contract reserved part of the land exclusively to the lessor; nonetheless its 2019 permit application included that parcel, certifying compliance with density rules. That misrepresentation constituted fraud larity cannot be regularized**
- Under art. L. 600‑5‑1, an amending permit can cure most procedural or form defects—but not fraud. Because the 2019 permit was fraudulently obtained, neither the 2021 nor the 2024 amending permits could cure that fundamental illegality ct‑study & planning‑code compliance**
- The lower court correctly found the initial environmental impact study inadequate on beach erosion and jet‑grouting risks; its reasoning was properly grounded in common‑knowledge erosion effects 2024 permit’s reconfiguration did not address the core fraud defect, so it too fell.
4. Dispositif (Holding)
- Article 1: Lil’Rock Beach’s petition (24BX03086) is rejected.
- Article 2: Appeals by St Jean Beach and the Collectivity (22BX00793 & 22BX00957) are rejected.
- Article 3: The Aug. 14, 2024 amending permit is annulled.
- Article 4: All other claims are rejected.
- Article 5: This judgment will be notified to all parties. ct of Guadeloupe is ordered to ensure execution of this ruling.
Key takeaway: Because the very first permit was obtained by fraud, none of the subsequent corrective permits could cure that foundational defect, and the Court of Appeal upheld the annulment of every permit to St Jean Beach Real Estate Invest.
Leon
Senior Insider
My layman prediction is that the appeals by the builder will fail and it will be the waste of effort, time and money for them. Eventually they will have either abandon the idea or start from scratch paying attention to the parcels that are to be used by them and ones that are not to be used per the original lease agreement, or renegotiate that lease agreement.
