The First Secretary of State
Government Office for the North West
City Tower
Manchester
MI 4BE
Date 18th May 2005
Dear First Secretary of State
Application pursuant to the Chester Improvement Act 1845 and the Chester Corporation Act 1929. The Chester City
Council (Northgate Development) Compulsory Order 2004
Chester City Council & ING. are proposing to close the Market Hall as part of the Northgate regeneration
scheme, the £280 million development is dependant on House of Frazer taking the position of the present bus
station, with prestige retail shops taking the position of the present public market. This is the largest development
of its kind to ever have been proposed for Chester.
Errors were made in the 60's, Donald Insall was the first to be commissioned to prepare a detailed conservation
study and strategy for Chester City. Our Local newspaper sums up the feeling of the day.
Chester Chronicle April 27th 1963
"In these innovating times our task, in ordering the changes that are inevitable, is to preserve something
of the old city's character. To do this are we to shut out the ideas of our own time and go on repeating Tudor?
The answer must be firmly no. But I am pondering what kind of pattern there will be in Northgate-street with a
modern Market, a Victorian Gothic Town Hall , the mellowed sandstone of the Cathedral, the black and white reproduction
here and there, and the contemporary investment - lot style ... Chester is not Coventry . We are not starting afresh
here with a free hand at an entirely contemporary and experimental design for modern living. The planners, architects,
and developers must not be permitted to alter the whole character of the place as a sort of exercise in commercial
convenience."
In 1964 G. G. Baines presented his plan for the City which focused on shopping, traffic management and new development.
Michael Heseltine the Secretary of State for the Environment in1992 approved the Structure Plan, he said that if
the historic character of Chester is to be maintained there may be
"Limits to the safe growth of the City.''
In September 1993, Cheshire County Council, Chester City Council and English Heritage appointed Building Design
Partnership, Donaldson's and MVA to carry out a study called " The future of an Historic City '' , it's a
blue print for the reinstatement of our heritage and preservation of the City.
Mr Prescott as a boy you spent time here and your mother is still living in the area, the future of the City and
the Public Market are know in your hands
The mistakes made by Chester City Council over the Central Area Redevelopment, are remembered by the traders. Due
to cost cutting the award winning design for the market failed to materialise, the market traders were forced to
operate under difficult trading conditions, they suffered when the market was relocated in 1967, and those difficulties
brought scorn and ridicule.
Minister's Consent
Due to the fact that the right to hold a market belongs to parliament (formerly the Crown) the local legislation
(Chester Corporation Act, 1929 Section 75 (2) requires the "appropriate ministers" consent. I thank you
for the opportunity you have given everybody to express their views on this proposal, before you make your decision
and for the helpful and informative free literature (Pamphlets on Compulsory purchase and Part II of the landlord
and Tenants), available from the Deputy Prime Minister's office.
The Public Market
Every member of the public has of common right the liberty to enter and frequent the market place to buy and sell
such commodities as are saleable there, but this does not entitle anyone to erect a stall or otherwise exclusively
occupy any part of the market area.
Markets and fairs are of ancient origin, both Anglo Saxon and Norman Laws, confined buying and selling to the towns
and cities and required the presence of witnesses. As under Roman Law order, and prevention of bad behaviour (
' ubi est multitudo, ibi debet esse rector' ) were important, by the thirteenth century the holding of a court
became incident to every market and fair .
Markets and fairs are controlled by custom the common law and in part by statute, there are four ways markets may
have began the law depends on the type of acquisition.
(1) By grant from the Crown
The royal prerogative has always had power to grant to subjects the right of holding a market or fair; such a market
or fair is a franchise;
(2) Acquisition by prescription, usage or lost grant
Documents suggesting a grant from the Crown : When the market has been held since the reign of Richard I. 1189
uninterrupted use raises a presumption in favour of prescription of a lost grant , if uncontradicted 20 years usage
is sufficient evidence.
(3) Acquisition by local Act of Parliament
Many Parliamentary Acts have been passed for the express purpose of establishing and regulating a market or fair;
such Acts usually, incorporate the whole or some part of the Markets and Fairs Clauses Act 1847; if abuses arise
in connection with statutory markets and the statutes regulating them recourse may be had by the Attorney-General
or Parliament.
(4) Public Acts
The Food Act 1984, Pt III (ss 50-61), gives power to local authorities to provide market-places and make byelaws
for the purpose and to take stallages, tolls and other charges in respect of the use of the market; A market cannot
however, be established under this Act which would interfere with any existing market rights enjoyed by any person
in that area.
Chester City Council's statement indicates their involvement by the charter of Henry VII. he granted the Corporation
the right to hold a market for meat and fish, some time later Charles II also gave them a charter for a horse fair.
However these rights and those of many others were superseded by the parliamentary rights, and the provision of
the Victorian market hall (see Market bylaws).
The law on this subject was consolidated by the cited local acts, (the Chester Improvement Act 1845, the Chester
Corporation Act 1929) along with the Chester Improvement Act 1884 (Section 78 incorporates the provisions of the
Market & Fairs Clauses Act 1847, Section 13 'Sales elsewhere than in the market, or in shops, etc. prohibited':)
which offer conclusive evidence that Chester Public Market is a statutory market.
The above legislation was reviewed by the County Council Act of 1980 Act which incidentally gives specific requirements
on operating temporary markets see section 96.
Disturbance of the market.
The common law distance measured from a market is six & two third miles which is applicable to both charter
and statutory markets creating a monopoly. (Northampton Borough Council v Midland Development Group of Companies
Ltd 1978; 76 L.G.R.750) A market is entitled to peaceable enjoyment disturbance may consist of obstruction or interference
with the right to hold the market or fair and collect tolls. The setting up of a rival market, the sale of marketable
goods other than in the lawful market, may amount to legal "disturbance". In regard to statutory markets,
provision is generally made in the special Act itself or by incorporating the terms of the Markets and Fairs Clauses
Act 1847, by which all statutory markets are protected against disturbance. [29 Halsbury's Laws (4th edition) paras
649 et seq.]
Sir Michael Neubert: Hansard Deregulation & Contracting out Bill 10 May 1994
"For the benefit of those who are not cognoscenti in such matters, let me explain that in the middle ages
20 miles was considered to be the distance covered by a journeyman in a day. The day was divided into three parts
- Six and two thirds miles to travel to the market, one third of the day - equivalent to another six and two thirds
- at the market, and another six and two thirds back that is the reason for the restrictions."
Enlarge
As yet traders have not been offered stalls in the new market, it has been suggested that there will be enough
room in the new market even though on completion it is only two-thirds the size (28,000 sq ft.) of the present
market hall (43,000 sq. ft. including some ancillary areas excludes offices/store rooms). This leaves some of the
long standing traders in the market, many with dependant families, concerned for their livelihoods.
The Crown cannot derogate from its earlier grant a new market can only be legally granted to provide for surplus
accommodation, beyond what the old market can afford, a market can not be extended so unreasonably as to lose the
benefit of the concourse of buyers and sellers . [West Bromwich Union Assessment Committee (1890) Ryde Rat. App.
(1886-90) 327). See further 29 Halsbury's Laws (4th edition.) paras. 681-685.]
RETAIL AREA OF THE MARKET HALL
Total number of shops units 31in the Market Hall
450 sq ft - 17A, 18A, 19A, 20A, 21A, 22A, 23A, 24A,
320 sq ft - 12A, 13A, 14A, 15A, 16A,
270 sq ft - 1A , 2A , 3A , 4A , 5A , 6A , 7A , 8A , 9A , 10A , 11A , 25A , 26A , 27A , 28A , 29A
300 sq ft - 31A
180 sq ft - 11A
The Fish Market shop 30A (400 sq ft.) has closed. Two new units have opened shop A 11'A' fish (180) sq ft. Shop
A31 (300) sq ft.
Total Area of ' A ' Shops = 10,000 sq. ft.
66 stall units 12 ft x 10ft
Total Area of ' B ' Stalls = 7,920 sq. ft.
Casual Stalls (Indoor) - numbers total 66
Casual Stall sizes (52) at 45 sq. ft - (4) at 81 sq. ft - (4) at 108 sq. ft
Total Area of Casual Stalls = 3,096 sq. ft.
The Total Trading Area = 21,016 sq. ft.
The Public Market Hall Gross floor size (including common areas) = 41,500 sq. ft.
The service bay caters exclusively for the market, provides limited parking, with 45minuts to off load .
Vehicle Parking Area gross - theatre side - 4,270 sq. ft.
Vehicle Parking Area gross - Bin side - 4,680 sq. ft.
Service Area 24,408 sq. ft. including storage
Right of Removal
Whenever a market or fair is granted to be held within an area the owner has a general right where the old market-place
has become inadequate to (It may become the duty of the owner to do so) remove his market or fair to a new place
so long as it is within the limits and he provides convenient accommodation for all who wish to buy and sell; (Mosley
v Walker (1827) 7 B & C 40, 9 Dow & Ry KB 863). Removal is unlawful if the new market place is not as unrestricted
and free as the old, where the public are deprived of any right or privilege.
This relocation should accommodate all the present traders, the new market should be as unrestricted and free as
the present market. If abuses arise in connection with statutory markets and the statutes regulating them recourse
may be had by the Attorney-General or Parliament.
Right of 'alternative accommodation'.
The traders of Chester Public Market are under the threat of compulsory purchase; the council are also indicating
that very shortly they will serve the statutory notices on the tenants in the market. We have been informed that
the normal practise is to end existing tenancies, offering compensation in line with the Landlord and Tenants Act
(LTA), rather than offer alternative accommodation in the new market, with leases based on our current tenancies.
This was not how it was done when the market hall was moved in 1967
NEW PUBLIC MARKET (Minutes 1964/65, p.86).
THE Town Clerk reported that it was anticipated the New Public Market would be completed in 1967 and that it was
necessary to terminate the tenancies of all tenants other than casual stallholders by six months notice under the
Landlord and Tenant Act 1954.
RESOLVED - That the town Clerk be authorised to give all appropriate Notices of Termination of tenancies accompanied
by an explanatory letter as to the arrangements for transfer to the new market and the offer of tenancies therein.
Work proposed to start before consent is given
The work has been brought forward on the Bus Station (which is protected like ourselves) it will close down early
next year, before consent is given to the (CPO). Busses will drop off on the streets, similar to the present bus
stops on the main streets, ING. have agreed to provide a free hop-on hop-off bus, linking these bus stops. After
a period of twelve to eighteen months a bus exchange will be established on Hunter Street, which we have been assured
will be able to provide the same level of services as at the present time.
No definable land
The new market is dependant on Chester City Council & ING receiving the land presently occupied by the County
Library also under the same compulsory purchase order (CPO) as the Public Market. Until the order is confirmed;
the proposed new market cannot be built.
Unnecessary inconvenience
Chester City Council have agreed with the County Council to provide a purpose built Library, but as this will take
two years, the present market will be split, with a temporary building (19,000 sq. ft.) behind the present library,
some traders will move in, some traders will be relocated to the public footpath on Northgate Street (similar to
the present Sunday market); the council are also providing fixed temporary units on the public footpath. This means
that traders are expected to operate under extreme circumstances, the half built hall will have no frontage or
link to mainstream public thoroughfares, inadequate service facilities, traders on the street will literally have
no roof over their heads. The market hall will not be completed for a period of up to three years.
No discussions on tenancies
We find ourselves confronted with a similar situation to the council tenants before the formulation of the Housing
Trust, Chester City Council are to be offer new style tenancies based on conditions detailed in a Vision document,
it contains requirements and stipulations far beyond our current tenancy, the document has no particular professional
or legal input, but appears merely to complicate, and needlessly brow beat the existing tenants, we are finding
ourselves subject to pressure to agree to these conditions. The rents and service charge are also to be doubled.
Offers to negotiate the rents and leases for the new market have been rebutted; traders are being kept in the dark
as to their future.
No discussions on compensation
As yet we have had no discussions on the compensation under the LTA (based on the rateable value), or compensation
for disturbance under the CPO.
The Councils Statement of Case
2.1 'once the provision of the new or enlarged ones have taken place'
The City Council are only proposing to meet the requirements of the legislation, to be legal the new market hall
should be ready before they apply to discontinue the present market hall, at present they have no agreement for
the use of the land.
2.5 'The footprint of the proposed market hall is smaller than the existing Market Hall'
The City Council should 'enlarge' the market hall; they have failed to meet the requirements of the legislation.
3.1 The City Council owns the freehold and actively enforces the 'market rights' held by it.
Chester City Council are ignoring the wishes of parliament by licensing markets within the common law distance
see the Hansard Deregulation & Contracting out Bill 10 May 1994.
8.1 Construction of the market will need to take place in two phases
The City Council will not have the market hall ready, the phasing of the building work will cause inconvenience
to both traders and members of the public.
8.4 'The current programme indicates that the Phase 1 move will take place in March 2007, and the final move in
July 2209'
The number of stalls occupied in the present market hall will not be available for a period of 2 years 4 months.
The following points should be addressed
(1) The future of the City is without question at risk by this over provision of shops.
(2) Why is the market being made smaller, contravening the rights of the common man?
(3) Should market stalls be put on the public footpath?
(4) Why are ING the developers being given control of the Princess Street car park?
(5) Why is there no additional car parking for this development, this will exasperate an existing problem?
(6) Where do you expect the market traders, and residents of Chester to park?
(7) Can the new bus exchange provide an increased service to meet growing demand?
(8) Would not the historical features under the site area, provide the United Kingdom and Chester, with a greater
attraction?
(9) Are there no lottery funds available to protect Chester's fragile heritage, and enhance this development.
Yours sincerely
David Haggar
|
ChesterTourist.com Site Ring
