Healthcare service provider, Trauma Centre has approached the High Court seeking to bar a land developer from constructing an office block within its vicinity arguing this would compromise the safety of its patients and staff.
Trauma Centre is a private hospital based in Harare's leafy suburb of Borrowdale, and its director Vivek Solanki is against construction of an office park close to the health facility.
The parties met at High Court judge Justice Rogers Manyangadze's chambers early this week and agreed to have the matter placed on an urgent roll.
Vislink Private Limited trading as Trauma Centre Hospital, and Panelope Beattie a resident, jointly filed the application citing Condev Property Developers, the director of urban planning of City of Harare, Harare City Council, and Andrew Herbst as respondents.
The Trauma Centre Hospital argued that the proposed office complex would compromise the safety of its patients and staff at the healthcare facility.
Solanki said on June 6 this year, they filed a court application to review an administrative decision by the Harare City Council's director for urban planning, who granted a development permit to Condev Property Developers owned by Edward Whitfield and Stuart Cummings.
The alleged permit was granted on April 17 this year, but was never served to the objecting parties.
The applicants are seeking that the administrative decision, which was granted through an allegedly irregular and unlawful process, be set aside on the basis of gross unreasonableness and irrationality.
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They are also seeking the setting aside of the administrative decision on the basis of it being granted mala fide in terms of the operation of the Administrative Justice Act Chapter 10:28 section 4.
They also want the court to intervene urgently and stop the illegal development being embarked upon at Number 40 Kingsmead Road on the basis that the structure would be a threat to the safety and health of residents in the area and patients and staff at the applicant’s hospital.
The Trauma Centre started operating in the area in 2014, and is located adjacent to fourth respondent, Herbst's property where the development is expected to occur.
Their argument is that they will be directly affected by any construction work that is undertaken given its close proximity.
The second applicant Beattie also lived with her husband at number 30 Kingsmead Road, for the last 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 currently zoned as low density residential.
He submitted that the roads in the suburb are narrow tree- lined avenues and the intersection between the hospital and Herbst’s property is a high accident zone, adding that the roads were not designed for huge traffic volumes.
He said before the hospital started operating, they were ordered in terms of change of use permit and at a cost of approximately US$120 000 to install a sewer line to the City of Harare’s main sewer line on Edinburgh Road in Pomona.
Solanki claimed that in early October 2024, he was approached by management at Condev Property and advised of their intentions to construct offices at the property.
He said he was later 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 and having had sight of the application made by Condev Property, Trauma Centre filed an objection to the application in terms of the Urban Planning Act.
"I submit that what is of extreme concern to us, is that despite the narrow roads in the area, despite the lack of proper sewerage 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 submitted.
He submitted that on October 15, 2024, Condev Property placed an advert in a local newspaper advertising the notice of the application for a permit.
He said since November 2024, nothing was heard from the respondents.
Solanki said it became clear in mid-May this year that Condev Property was intending to embark on massive development at the property.
He submitted that Condev Property had installed construction equipment at the property and had started felling trees.
Solanki said he made a follow- up with the Ministry of Local Government and filed a formal complaint with them about the conduct of Condev Property.
He said none of the objectors were ever served with a permit nor could anyone in the City of Harare’s offices or the local district offices in Borrowdale or Highlands avail a permit despite numerous visits by Beattie.
He said the file relating to this project had also gone missing at City of Harare town planning department.
Solanki said he then attended a meeting which was convened by Ministry of Local Government and Condev Property Developers directors and showed them a development permit signed by the director of urban planning on April 17 this year.
Solanki said the plan attached to the permit was different from the plan that was 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 given an opportunity to understand on what basis their objections had been dismissed by the director 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.
The matter is pending.
