Suburban
THE City of Harare has ordered a tile making company based in Pomona, which residents of the suburb and those from Mt Pleasant have been bitterly complaining about in the past few weeks for noise pollution and damaging roads with its heavy trucks, to stop its operations which are illegal as they are being done in a residential area.
Suburban Reporter
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 30th October 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 was told that if he feels aggrieved by the order he has the right to appeal which he is accorded in Section 38 of the Regional Town and Country Planning Act. Under Section 38 of the Regional Town and Country Planning Act, any person aggrieved by such a decision may appeal to the Administrative Court within one month of the serving of the order or such longer period as the president of the Administrative Court may authorise in writing. The relevant procedure is set out in the rules of the Administrative Court.
Mr Wang could not be reached for comment and despite being served with the order on October 28, 2021, the use of the property for industrial purposes is continuing according to reports by residents of Pomona and Mt Pleasant.
Residents were told police will be engaged to deal with the problem since the notice period had expired and the notice had also not been challenged.
Mt Pleasant Member of Parliament Mr Samuel Banda has since invited residents for a meeting on Saturday November 6, 2021 to discuss the recurring problems at the property located at the corner of Hawick and Glenelg Roads.
