Tribunal Hearings

Waimarino Bulletin, Volume 1, Issue 13, 30 August 1983, Page 9

Tribunal Hearings

A Town Planning Tribunal, chaired by Judge W . J . M . T read well , sat in Ohakune on Monday and Tuesday of last week to hear a number appeals connected with the Ohakune Borough Council Scheme Plan. A total of 6 appeals were to have been heard but two were withdrawn on the advice of the appellants' legal ^^/isor, leaving only 4 to be ^R)ided by the tribunal. ^^The decisions were announced on Wednesday. The two main decisions Of general public interest were: Ski Hire The tribunal upheld an appeal by Mr Murray Macneill of Sports Country in Clyde Street, Ohakune, to include ski hire as part of the rental sports premises on that site. Council had sought to change the original Scheme Plan to disallow ski hire in that area of town, claiming that parking would create a

problem. Whilst the tribunal found in favour of Murray Macneill's appeal it did specify certain conditions. These included a limit of 150 pairs of skis and that the off-street parking area provide for no less than 15 public and 3 staff vehicles. 'Restaurants' Business enterprises of the smaller coffee-shop type are to ' be allowed in the commercial area of town. But restaurants in the Commercial B zone have had some interim conditions imposed pending an appropriate clause for inclusion in the District Scheme Plan. These are that restaurants at first floor Ievel will be able to. operate without restriction of area but restaurants at ground floor level which exceeded 60 sq. metres of total floor space (including the kitchen area) were to avoid locations where their presence might create a predominantly nonretail street frontage. Any such major restaurant area must be sited behind a retail facade. Nor should such restaurants be sited in close proximity to other restaurants or service facilities such as banks. In reading their decision the tribunal stated — "The question before us is not whether restaurant uses should be permitted, but whether there is any planning reason why they should be prohibited. On the evidence before us we have concluded that it may be found in future to be destruetive to the central area if restaurant facilities found both in New Zealand and overseas are not provided. We consider the danger to the central business area, particularly during the tOurist season, caused by lack of attraction to tourists outweighs the assumed danger of dead shopping facades in the off-season.

Restaurants in busy times can create a vibrant centre, and the economic advantages of this to other retailers far outweighs any closure during the offseason when the tourist traffic does not exist and thus cannot be attracted, and when local residents assume their normal shopping patterns. Thus on balance, we consider there is not justification for the exclusion of restaurants. Rather, we have concluded that there will be a beneficial effect during the winter tourist high income season."