Supermarket Allowed In Memorial Avenue

Press, Volume CVIII, Issue 31862, 14 December 1968, Page 27

Supermarket Allowed In Memorial Avenue

The Town and Country Planning Appeal Board yesterday approved an application by the W. J. Turner Family Partnership for a specified departure to build a supermarket at 19-23 Memorial Avenue.

In a decision given after a two-day hearing the board restricted the partnership’s plans for the supermarket by imposing a limit of 8000 square feet on the floor area and 30 feet on the height of the building.

The board's decision came two years and four months after the partnership first filed an application for a specified departure. The application in the interim became the subject of a Supreme Court action and aroused public feeling in several quarters. The board reminded ail parties in its decision that the Christchurch City Council had allowed a hotel and service station to be built on or close to the avenue. Mr G. S. Brockett appeared for the Turner family, Mr B. McCelland for the Rev. L. F. Allison, and Mesdames D. G. and O. A. Allison, Mr P. T. Mahon for F. W. Pankhurst, Mr A. Hearn for the Christchurch City Council, and Mr D. M. Palmer for other objectors. The decision in detail is as follows: “After careful consideration the board has reached the following conclusion:— “The granting of the application would undoubtedly result in some degree of detraction from the residential amenities of houses within the block bounded by Clyde Road, Memorial Avenue. Otara Street, and Hamilton Avenue. “The over-all effect of the carrying out of the development proposed, including the provision of substantial offstreet parking, would have a beneficial effect so far as the traffic situation in that portion of Memorial Avenue between Clyde Road and Otara Street is concerned, more especially when it is borne in mind that peak shopping traffic would to a considerable extent take place at a different time of the day from that of peak through traffic. Use Of Street Frontage

“That so far as the memorial status of Memorial Avenue is concerned the provision of the proposed new

facilities, taken in conjunction with the demolition work which would be required in respect of the proposed road widening and realignment, would result in a substantial reduction in the amount of commercially used street frontage in Memorial Avenue and at the intersection of Memorial Avenue, Clyde Road and Fendalton Road. “In addition the board notes that the Christchurch City Council has itself been a party in relation to the airport land in permitting the establishment of a large hotel and petrol service station and garage on or in very close proximity to Memorial Avenue. “That alternative premises would be made available for some at least of the shopkeepers who would be deprived of their premises as a result of the road widening with the consequent avoidance of inconvenience to other customers. “That more convenient and up-to-date facilities would be provided for shoppers in general with provision for offstreet parking. “It has been laid down on very many occasions that in considering applications of the present type the paramount consideration must be public consideration . . . which includes all matters which can in any circumstances be of public interest,” says the decision. Balance Of Interests “Mr Palmer, counsel for certain of the objectors, put the matter fairly and succintly when he said that in making its decision the board must balance three interests —local public interest in having replacement shops for a local shopping centre; the general and wider public interest in the preservation of Memorial Avenue as a main thoroughfare. between the city and airport and a memorial to fallen servicemen: and the local interests of persons whose property would be adversely affected. “Accepting this and endeavouring to strike a just balance in the public interest the board has reached the conclusion that the application should be granted in part.

“It is to be stated most emphatically in the first place that the application before the board—and with which it has been held by Mr Justice Macarthur that the board has

jurisdiction to deal—is confined specifically to the land already owned by the applicants, namely 19 to 23 Memorial Avenue. “Unless his express consent be obtained there must be no interference whatever with the legal rights of the Rev. L. F. Allison in respect of his right-of-way. “While the board considers that some degree of expansion in the present business of the applicants is permissible it also considers that in view of the location of the property the erection of a shop of the type of a large department store or universal emporium would be quite inappropriate. Building Limit "The proposed supermarket building—apart from public toilet facilities—will therefore be limited to a floor area not exceeding 8000 square feet and a height limit not exceeding 30ft to correspond with that in the yard within which it will be situated. “While the proposed condition limiting road access to streets other than Memorial Avenue will not be imposed in view of the apparent complete impracticability at the present time of securing alternative road access, the board reserves the right to give complete reconsideration to the whole question of road access should alternative provision become practicable in the future. The number of shops to be provided for letting purposes is fixed at 10. “The minimum number of off-street parking spaces to be provided is fixed at 120. “The board considers the question of off-street parking a most important factor in the present situation.”