THE High Court is set to hear on an urgent basis a case involving Trauma Centre Hospital and a Borrowdale resident who are seeking to stop Condev Property Developers from constructing office buildings in the low-density suburb.
Justice Rogers Manyangadze will preside over the matter after the parties agreed that the issue be placed on the urgent roll.
Vislink (Private) Limited, trading as Trauma Centre Hospital, and the resident, Panelope Beattie, jointly applied and cited the property developer, Condev Property Developers, the Director of Urban Planning at the City of Harare, the City of Harare, and Andrew Herbst as respondents, respectively.
In an affidavit filed on record, Trauma Centre proprietor Vivek Solanki revealed that on June 6, 2024, they applied 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.
The applicants further submitted that the approval process was highly irregular and unlawful, warranting its reversal under the Administrative Justice Act (Chapter 10:28).
Further arguments raised are that Ballantyne Park and Borrowdale are low-density residential zones, with narrow, tree-lined roads ill-equipped for high traffic.
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. I submit that several of my neighbours who are residents and live along Kingsmead Road also filed objections,”
Part of the affidavit read.
Applicants are seeking an undertaking that Condev Property will desist from commencing any development at the property until they have been allowed to understand on what basis their objections were dismissed by the Director of Urban Planning at the City of Harare.
Solanki is seeking a provisional interdict subject to the determination of a review application before the High Court.
The matter is still pending.
