Store claims right to trade

Press, 7 October 1987, Page 30

Store claims right to trade

The developer of an electronics store in Riccarton Road says the store has a right to trade from the site in spite of apparent contradictions to the law. David Reid Electronics wants to occupy a .shop in Riccarton Road where the Riccarton Borough Council wants to keep retail outlets to a minimum. However, the electronics store would be mainly servicing the electronics trade, the University of Canterbury, and businesses in the area and not the public, the company’s submission said. The Canterbury United Council has objected to the proposal because it would establish a precedent for retail outlets in the area. It believed the shop would be "clearly retail” in spite of the company’s claim that about 70 per cent of its

custom would be trade sales.

The United Council said the shop would generate more foot and vehicle traffic along Rlccarton Road. However, the company said that whether or not the shop was deemed retail it still had a right to occupy the site for its intentions. Its solicitor outlined in a submission that a neighbouring shop had recently been granted permission to trade as a retail outlet Mr A. H. Young, for David Reid Electronics, said the neighbouring shop had a previous use as a finance centre and the present owners claimed in December, 1985, that there was an existing use right for it to move in and run as a fabric retailer. The shop the company wanted to run its electronic business from had previously been an insurance agency. “If the council was prepared in 1985 to agree to that use as an existing use either council was wrong and should take steps to remedy the situation or allow the company to establish its business,” said Mr Young. The council’s townplanning committee reserved decision on the application.