SC 12-14 - MAKINTOSH v THE CHAIRMAN, ENVIRONMENTAL MANAGEMENT COMMITTE OF HARARE & ANR

ANTHONY MAKINTOSH

v

  1. THE CHAIRMAN, ENVIRONMENTAL MANAGEMENT COMMITTEE OF CITY OF HARARE (2) CITY OF HARARE

 

SUPREME COURT OF ZIMBABWE

ZIYAMBI JA, GWAUNZA JA & GOWORA JA

HARARE, SEPTEMBER 19, 2013

L Uriri, for the appellant

C Kwaramba, for the respondents

 

ZIYAMBI JA: This is an appeal against a judgment of the Administrative Court.  The appellant, an accountant by profession, carries on business as C & J Accounting and Secretarial Services (Pvt) Limited.  On 20 December 2010, the appellant applied to the respondents for a permit in terms of s 26 of the Regional Town and Country Planning Act [Cap 29:12] (“the Act”) to alter the character of the use of Stand 76 Groombridge Township 2 of Lot 39A Mount Pleasant otherwise known as 162 The Chase, Mt Pleasant, Harare from residential to business premises, namely, a motor cycle showroom and offices.  It is common cause that the appellant was, at the time of the application, already operating a motor cycle showroom as well as accounting offices from the said premises.

On 1 June 2012, the City of Harare wrote to the appellant refusing the application for a permit on four grounds.

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