Review of Trading in Public Places Bylaw and Proposed Trading in Town Square/Shared Street Space
Issued 14 December 2017
Submissions close 5pm on Monday 22 January 2018
Summary of proposal
What is the basis of this proposal?
Council has to review its bylaws at statutory intervals. The current Trading in Public Places Bylaw was adopted by Council in March 2016 and amended in April 2016. Although it is not due for a review at this point in time, we have decided it is timely for a review now based on the following:
- Confirmation of the legality of the 50m exclusion zone applicable to traders. The basis of an exclusion zone around existing businesses has been taken up with the Commerce Commission, who have accepted Council’s justification that such exclusion zones are necessary to maintain greater fairness in the commercial “playing field”.
- A tidy-up of exemptions under the current bylaw.
- Potentially providing for informal trading in the Town Square/Shared Street space.
What is being proposed?
Council is proposing to amend the existing bylaw as follows:
- The 50m exclusion zone applicable to traders be maintained and confirmed.
- Tidying up exclusions under the bylaw.
A copy of the proposed Trading in Public Places Bylaw with amendments clearly marked is available below from the Documents section.
As part of the bylaw review, we also want to know public opinion on whether informal trading should be allowed in the Town Square/Shared Street space. Two carparks in the Shared Street (there are six carparks in the new Shared Street space) have been identified as potential trading lots on the basis that they will be allocated annually and based on a market related rental.
People are advised to download the full Summary of Proposal below, which includes:
- A map showing the location of the carparks in Tainui Shared Street.
- The agenda item which went to Council.
What are the options?
We already have an existing Trading in Public Places Bylaw in place - amendments to this have been proposed which deal with the 50m exclusion zone and tidy up the exclusions under the bylaw.
Option A1: Adopt the proposed amended bylaw.
Option A2: Suggest changes to the proposed amended bylaw.
B: INFORMAL TRADING IN THE TOWN SQUARE/SHARED STREET SPACE
With the need for a bylaw already established, we want to know the public’s opinion on the principle on whether or not to allow informal trading in the Town Square/Shared Street space. Council can either use carparks in the Shared Street as trader lots or not allow any trading in the Town Square/Shared Street space.
Option B1: Use carparks in the Shared Street as trader lots.
Two carparks in the Shared Street could be used for informal trading (electricity points are in two areas so it makes sense to allow informal trading close to such points only). There will be six carparks in the Shared Street once complete.
- It will address current pressure on Council to allow informal trading in the Town Square/Shared Street space.
- It may result in the vitalisation of the CBD.
- The timing of this will be perceived as negative by the two businesses facing onto the Shared Street given the significant impact the construction of the facility has had on them.
- The question needs to be asked whether the economy in that area can sustain both formal and informal trading.
- The excellent “channel vista” offered by the Shared Street/Town Square to the Town Clock may be compromised.
- High aesthetic standards will have to be imposed on the mobile shops used by the traders in order to ensure that such shops do not detract from the amenity of the wider development.
- Allowing trading in the Town Square/Shared Street space (as an exception) erodes Council’s insistence on maintaining an exclusion zone in the rest of the District.
- It will reduce the number of carparks in the Shared Street to four if the other two are used for trading purposes.
Option B2: Not allow any trading in the Town Square/Shared Street space.
The other option is for Council to not make provision in the Trading in Public Places Bylaw for any informal trading in the Town Square/Shared Street space other than as part of organised community events.
- It confirms Council’s current view, namely that the informal traders are in a commercially beneficial position compared to the formal business sector and that Council has a duty to ensure equity. The imposition of a market related rental will address the inequity to some extent.
- It denies the requests from the informal traders to be able to operate in the Town Square/Shared Street space.
- It denies the spatial development reality that trading in facilities like the Town Square/Shared Street space can make it vibrant. Council needs to consider whether this will necessarily be applicable in the CBD set-up.
How to have your say
Our community is encouraged to have their say on this proposed review of the bylaw and let us know what they think of allowing informal trading in the Town Square/Shared Street space. All submissions must be in writing. We will accept submissions in the following format:
- Council submission form – online or paper
- Email to email@example.com
- Written submissions posted to Grey District Council, PO Box 382, Greymouth or hand delivered to 105 Tainui Street, Greymouth
You are welcome to address Council in person on your submission – if you wish to do this, please clearly indicate this in your submission. Council will hear and consider submissions at a meeting after the close-off date (this is likely to the meeting in February 2018).
Every submission made to the Council will be acknowledged in accordance with the Local Government Act 2002, copied and made available to the public.
Submissions close at 5pm on Monday 22 January 2018.