Keep Borrowdale quiet: Residents, hospital unite against office development

Fidelis Munyoro

Chief Court Reporter

A PROPERTY developer is entangled in a legal storm over plans to construct large office buildings in Borrowdale, a quiet residential area, after Trauma Centre Hospital turned to the High Court to halt the controversial project.

The hospital argues the development poses a grave risk to public safety and jeopardises the well-being of patients and staff at one of Harare’s leading emergency medical facilities.

Under a certificate of urgency, Dr Vivek Solanki, proprietor of Trauma Centre Hospital, filed an application seeking a review of a decision by the director for Urban Planning, who issued a permit to Condev Property Developers.

The application lists Vislink (Private) Limited, trading as Trauma Centre Hospital, and Penelope Beattie as applicants, while Condev Property Developers, the director of urban planning at City of Harare, the City of Harare, and Andrew Herbst are the respondents.

In his affidavit, Dr Solanki argued the development threatens to deteriorate the neighborhood’s quality of life.

“An illegal construction of this scale disrupts the fabric of the community. It disregards the rights of residents and the safety of those who rely on the hospital,” he said.

The permit in question, issued on April 17, was never served to objectors, leaving them blindsided by the project’s rapid advancement.

The applicants are challenging the decision, labelling it irrational, unreasonable and made in bad faith, invoking the Administrative Justice Act.

Trauma Centre Hospital, operational since 2014 and located near the proposed development site, insists it will suffer direct and significant harm from the construction.

Dr Solanki said the proximity of the hospital to the site makes it impossible to ignore the impact of heavy equipment, noise, and disruption.

Ms Penelope Beattie, who has lived on Kingsmead Road for over five decades, expressed her concerns.

“This neighbourhood has always been a sanctuary for families. This kind of construction is an invasion. It disregards the character of the area and the needs of its people,” she said.

Dr Solanki emphasised that Kingsmead Road, running through Ballantyne Park and Borrowdale, is a low-density residential area, unsuitable for commercial development.

He further noted that before the hospital could operate, it had to incur significant costs — approximately US$120 000 — just to meet zoning and infrastructure requirements, including a sewer line connection to Pomona.

“We complied with every regulation, made the necessary investments, and followed the law. Now, we face a situation where none of these rules seem to matter anymore,” he said.

In October 2024, Dr Solanki was approached by members of Condev Property’s management, who revealed plans to develop a corporate office park on the two-acre property, originally a residential home.

The proposed development would house 16 office units, accommodating around 330 workers, despite narrow roads, inadequate sewage services, and no municipal water supply in the area.

“This is a recipe for chaos. It is reckless to squeeze such a facility into a space clearly not designed to handle it,” Dr Solanki stated.

Several Kingsmead Road residents raised objections, but these were disregarded.

Dr Solanki recalled how Condev Property placed a public notice in a local newspaper on October 15, seemingly to fulfill a procedural requirement.

By May, construction equipment began arriving at the site, signalling the project’s commencement. “It became clear that this was moving forward, regardless of objections or legitimate concerns,” he said.

Efforts to engage the Ministry of Local Government, Public Works revealed inconsistencies in the process.

Dr Solanki discovered a development permit signed by a city director, but the attached plans differed from those approved earlier.

“No one explained why our objections were dismissed. No one addressed our concerns. It felt like a deliberate effort to sideline the community,” he said.

He is now seeking an urgent interdict to halt the development until the High Court reviews the administrative decision.

“This is not just about a building. It is about the principle of fairness, the safety of our community, and the rule of law,” he said.