THE Trauma Centre Hospital has filed a High Court chamber application seeking to stop a property developer from constructing expansive office buildings in a residential area in Borrowdale, Harare.
Vislink (Private) Limited, trading as Trauma Centre Hospital and Panelope Beattie jointly filed the application citing Condev Property Developers, director of Urban Planning at City of Harare, City of Harare and Andrew Herbst as respondents.
In the application, Trauma Centre Hospital argued that the development will expose members of the public to a serious hazard, which compromises the safety of patients and staff at one of Harare’s leading emergency trauma facilities.
In an affidavit filed by the hospital proprietor Vivek Solanki on June 6 this year, the medical institution applied for review of an administrative decision of the director for urban planning who granted a permit to Condev Property Developers.
The alleged permit was granted on April 17 this year, but was never served on any of the objectors.
The applicants are seeking the setting aside of an administrative decision on the basis of gross unreasonableness and irrationality.
They are also seeking the setting aside of the administrative decision based on it being granted mala fide in terms of the operation of the Administrative Justice Act.
Trauma Centre has operated as a hospital since 2014 and is located in Borrowdale, adjacent to the Herbst property where the development is expected to occur.
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The hospital is arguing that it will be directly affected by construction work, given its proximity to the construction site.
Beattie averred that she has lived with her husband at number 30 Kingsmead Road for the past 55 years.
Solanki submitted in his affidavit that the locality of Ballantyne Park and Borrowdale, through which Kingsmead Road traverses, is primarily residential and the suburb is zoned as low-density residential.
He said before the hospital could operate properly, they were obliged in terms of change of use permit at significant cost for approximately US$120 000 to install a sewer line connecting to the City of Harare’s main sewer line on Edinburgh Road in Pomona.
Solanki said in early October 2024, he was approached by certain members of the management of Condev Property who informed him of their intention to construct offices at the property.
The property is two acres and contains a residential home.
“I submit that what is of extreme concern to us, is that despite the narrow roads in the area, despite the lack of proper sewage services and the complete lack of municipal water, Condev Property intends to develop a corporate office park, with a capacity of approximately 330 office workers in the 16 proposed units. I submit that several of my neighbours who are residents and live along Kingsmead Road also filed objections,” he said.
He submitted that on October 15, 2024, Condev Property placed an advert in a local paper for a notice of application for a permit.
Solanki said it became clear in mid-May that Condev Property intended to embark on a massive development at the property, considering the construction equipment that was on site.
Solanki said he made a follow-up with the Local Government ministry, making a formal complaint, adding that none of the objectors were ever served with a permit.
Solanki said a meeting convened by the Local Government ministry revealed a development permit signed by a city director, adding that the attached plan was different from the one approved on May 7 this year.
“Applicants sought an undertaking that Condev Property would desist from commencing any development at the property until they had been allowed to understand on what basis their objections had been dismissed by the director of urban planning and City of Harare,” he submitted.
He said he was seeking a provisional interdict subject to the determination of a review application before the High Court.
He submitted that an illegal development of such a scale will seriously undermine the quality of life of people who live in the neighbourhood.
The matter is pending.
