Capevalley Wins Court Battle Over Swallowfields Gated Community Development in Norton

NORTON – A long-running dispute over the Swallowfields Gated Housing Development in Norton has been resolved after the High Court ordered the local authority to issue a development permit for the project, clearing the way for the continuation of what developers describe as the town’s first gated residential community. The ruling by the High Court in Harare directed Norton Town Council to issue Capevalley Construction (Private) Limited with a development permit for Lot 34, Swallowfield of Johannesburg, Norton, within five days of the order. Justice Dembure granted the order after considering documents filed by the developer in a court application seeking to compel the council to act on the permit.

The court also ruled that there would be no order as to costs. The Swallowfields Gated Housing Development Project is being spearheaded by Capevalley Properties (Private) Limited on land owned by Amos and Isaac Chiduku. According to the developer, the project is designed as a modern gated community and is the first of its kind in Norton.

Plans for the development include 1,550 subdivided stands for residential housing as well as commercial facilities and schools. The project also aims to incorporate environmentally friendly infrastructure such as clean water systems, electricity, solar energy solutions and an international-standard sewer system. Capevalley began servicing the land in 2021 at the height of the COVID-19 pandemic.

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Within 18 months, the company says it had serviced 500 out of 740 stands to full infrastructure standards despite operational challenges brought about by pandemic restrictions. The development was officially launched on 14 October 2022, with representatives from the Ministry of Local Government, Norton Town Council and other stakeholders attending the ceremony. However, just weeks after the launch, the project was thrown into uncertainty when the landowners issued a letter cancelling the development agreement on 30 October 2022. The cancellation triggered a prolonged legal dispute involving multiple court applications regarding the validity of the cancellation, as well as the re-issuance of key approvals, such as the subdivision permit and the Environmental Impact Assessment (EIA) certificate.

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