Suburban
MT PLEASANT residents are mooting a peaceful demonstration over a tile making company which is operating at the corner of Hawick and Glenelg Roads causing noise pollution and damaging roads with its heavy trucks.
Peter Tanyanyiwa Suburban Reporter
The company continues to operate despite the City of Harare ordering it to stop its operations which are illegal as they are being done in a residential area.
Frustrated by the firm’s defiance, Mt Pleasant residents have proposed to stage a peaceful and lawful demonstration against the company.
The residents also called on the police, the Environmental Management Agency and council to ensure that the company immediately stops operating from the premises.
A docket, RRB 4931739, was opened at Borrowdale Police Station by one of the residents for public nuisance over noise pollution and dust caused by the heavy trucks delivery raw materials and collecting tiles for delivery.
Noise is also reported to be coming from machines operated during the night.
In an interview this week, Mt Pleasant Member of Parliament Mr Samuel Banda said he made efforts to engage the owners of tile making company, which residents have been complaining about to no avail.
He advised residents to write to the police advising them of their proposed peaceful demonstration.
“The user/owner of the premises refused to see me so that we could cordially discuss the situation and map a way forward that respects the laws of the land.
“Residents are advised to write to the police seeking their presence on the day of the proposed demonstrations so that both people and property are safeguarded while also respecting Covid-19 guidelines,” said Mr Banda.
The owner of Stand 86 Pomona also known as 20 Hawick Drive Pomona, Harare has been ordered to cease tile making and storage of tiles in a residential area.
In a letter served on the owner of the premises a Mr Wang, the City of Harare’s Development Control Unit said the property was situated in a residential zone where industrial use or operations are prohibited.
“This use amounts to a contravention of Section 24 of the Regional Town and Country Planning Act. The said Local Planning Authority serves upon you Mr Wang being the owner of the aforementioned premises an order in pursuance of Section 32 of the Regional Town and Country Planning Act.
“Therefore take note that in terms of the said Section 32, you Mr Wang being the owner of the said use are ordered to:
cease tile making and storage of tiles
remove all freight containers being used for storage of tiles
remove all tile making machines
restore the property to its original state,” read the order served on Mr Wang.
Council drew the attention of Mr Wang to Sections 33 and 37 of the Regional Town and Country Planning Act which provide respectively that the enforcement order shall have effect against subsequent development on land concerned.
The order also states that if any steps required by such an order other than the discontinuing of any use have not been taken within the period stated, council may authorise its workers to or agents to enter the property and take the necessary action and recover the costs reasonably incurred from the owner of the land and penalties including restoration of the land at the expense of the owner and for a fine up to US$5 000 or two years’ imprisonment or both for non-compliance with the order.
According to the enforcement order, the owner(s) of the residential property are carrying out operations which are in contravention of the Regional Town and Country Planning Act as they have established four shades used for storing tiles, a freight container being used as a warehouse, delivery trucks, one extended room being used as an office, a tile mixer and glue mixer.
“The order will come into operation on October 30, 2021, unless in terms of Section 38 of the Regional Town and Country Planning Act, an appeal is lodged with the Administrative Court within one month from the date of service of this order, whereupon the operation of this order shall be suspended until such time as the appeal is finally determined or withdrawn.
“Whether or not an appeal is lodged against the enforcement order by any person the City Council of Harare may in terms of Section 34 of the Regional Town and Country Planning Act, at any time before it comes into operation serve a prohibition order prohibiting the continuation of the use as specified in the enforcement order,” read the council letter.
Mr Wang could not be reached for comment.
