THE High Court will urgently hear a case in which Trauma Centre Hospital and a resident are seeking to stop Condev Property Developers from constructing expansive office buildings in the residential area of Borrowdale.
The parties consented to the matter being placed on the urgent roll before Justice Rogers Manyangadze.
The applicants, Vislink (Private) Limited trading as Trauma Centre Hospital and the resident, Panelope Beattie, jointly filed the application and cited the property developer, Condev Property Developers, the director of Urban Planning at City of Harare, the City of Harare and Andrew Herbst as respondents respectively.
In an affidavit, Trauma Centre proprietor Vivek Solanki revealed that on June 6, 2024, they filed an application to review the director of urban planning’s decision to grant Condev a development permit on April 17, 2024.
He argued that the permit was never served on objectors, violating due process.
Solanki also submitted that the approval process was highly irregular and unlawful, warranting its reversal under the Administrative Justice Act [Chapter 10:28].
Solanki emphasised that Ballantyne Park and Borrowdale are low-density residential zones, with narrow, tree-lined roads ill-equipped for high traffic.
Solanki said in early October 2024, he was approached by certain members of the management of Condev Property and was informed of their intention to construct offices on the property.
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Solanki said he was served with a copy of Condev Property’s application in terms of the Regional, Town and Country Planning Act [Chapter 29:12] section 26(3) on October 10, 2024.
He submitted that on November 5, 2024 after having had sight of the application made by Condev Property, Trauma Centre filed an objection to the application in terms of the relevant Act.
The hospital argued that the development would endanger public safety, creating a traffic hazard and compromising patient and staff safety at one of Harare’s leading emergency medical facilities.
“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,” he submitted.
“I submit that several of my neighbours who are residents and live along Kingsmead Road also filed objections.”
Solanki submitted that on October 15, 2024, Condev Property placed an advert in a local paper for an application for a permit.
He said it became clear in mid-May from reports received by his employees that Condev Property intended to embark on massive development at the property.
The Trauma Centre proprietor submitted that Condev Property had stationed construction equipment at the property and was felling trees, forcing him to lodge a complaint with the Local Government ministry.
He said the file relating to the development could not be located in any of the City of Harare’s office.
Solanki said the plan attached to the permit was different from the one that was approved on May 7 this year.
“Applicants sought an undertaking that Condev Property will desist from commencing any development at the property until they had been given an opportunity to understand on what basis their objections had been dismissed by the director urban planning at City of Harare,” he submitted.
Solanki is seeking a provisional interdict subject to the determination of a review application before the High Court.
The matter is pending.
