Service station definition upheld

Press, 26 February 1986, Page 21

Service station definition upheld

The Planning Tribunal has upheld the Christchurch City Council’s definition of a service station and related ordinance amendments. As a result the tribunal has turned down appeals by five companies and two services stations with an interim decision. This is the outcome of a tribunal hearing in July, last year, for appeals lodged by Caltex Oil (N.Z.) Ltd; Chester Graham, Ltd; Mobil Oil New Zealand, Ltd; Kiwi Developments, Ltd; BP Oil New Zealand, Ltd; and the Dallington and Edgeware service stations, against the City Council. In a recent statement, the Planning Judge, Judge P. R. Skelton, said that the principal matter raised by the appellants was the area allowed within a service station for the display and sale of goods other than those associated with motorvehicles. The City Council proposes to insert an ordinance provision in every zone where service stations are a permitted except for

cial and commercial service zones.

This ordinance reads: “Floor space: the display and sale of goods other than those associated with motor-vehicles shall not exceed 20 sq m.”

Judge Skelton said that the appellants at the hearing submitted that there should be no such restriction on retail sales at a service station.

“Alternatively, but very much as a second best,” if thhre was an area liinitation the appellants wanted it be to 100 sq m,” he said in his statement This applies to goods sold for the comfort and convenience of travelling motorists. Judge Skelton said that the wording of the definition for a service station might also be the subject of some discussion between some of the appellants and the City Council.

The tribunal was uncertain whether its decision about the matters raised during the July hearing would resolve the appeals, because of information contained in some solicitors’ letters Judge Skelton said. i

“It is for this reason that this decision is issued as an interim decision only,” he said. The points canvassed during the hearing concerned the need to balance the council’s retailing policies and objectives with providing a service to the public, Judge Skelton said.

The City Council had recognised that the 75 sq m it originally proposed to cover all retail selling at a service station was too restrictive, he said.

“We accept that it is appropriate for a council to make provision in its District Scheme for this general retailing service offered by service stations, but it should be limited.

“In our opinion it is easier to control the matter by fixing a floor space limitation than by way of the performance standards.”

Further objections could be lodged with the tribunal until March 19 “for the purpose of resolving all matters and issuing a final decision," Judge Skelton said.