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Proposed new Local Plan policy
iii) The Market
6.26. The Market makes an important contribution on the range of shopping in Chester, particularly food shopping.
The Market also performs a valuable function in providing relatively low cost accommodation in a central location
for smaller traders, many of whom would be unable to find alternative accommodation and this can be particularly
important for establishing new businesses. Development proposals affecting the Market site will be expected to
include proposals for the retention and enhancement of the Market.
6.27. POLICY DRE4
Proposals which protect the market as a place where a variety of retail traders can operate from small premises
and maintain its role as an important convenience shopping area in the city will be permitted.
Reason/explanation
To meet the needs of people living and working in the City and to complement other shopping facilities in the City
centre.
The Council will seek to improve and enhance the Market.
Key Issues
Whether Ministerial consent is required for alteration of/enlargement to the market;
Whether its inclusion within the tertiary shopping zone is appropriate.
Inspector's Reasoning
6.16 Within the context of the proposed Forum II redevelopment and the moving of the existing market, objectors
make reference to the Chester Corporation Act 1929 that allows for the provision of a new enlarged hall in place
of the existing hall with the minister's consent.
6.17 The policy reflects the importance of the market function and the need to enhance it. Whilst the location
is defined in terms of tertiary, secondary and primary 'zones', it is apparent that the Council recognises this
facility as being important. Nothing in the policy fetters the consideration of the redevelopment proposals for
the Northgate/Forum II, the Design Brief for which includes reference to the provision of a market hall. I understand
that the current negotiations have addressed this issue.
6.18 The repetition of any requirements arising from the Corporation Act is unnecessary
6.19 Recommendation
Make no modifications in response to these objections.
The 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.
In 1998 Mr Jonathan Baldock Director of the Association of Town Centre Management said
"The result is the
often lamentable standards of many local authority owned multi-storey car parks, and the lack of new investment
in such important assets as bus stations and market halls." He added "of course, if an asset is treated
as a cash cow and 'milked' without feeding it with ongoing investment in planned maintenance and upgrading, the
poor beast will soon sicken and die! This is precisely what we are seeing in many town and city centres. The result
is a spiral of decline, as assets lose their attractiveness and value, and the town centre as a whole suffers."
THE COUNCILS STATEMENT OF CASE
Statement of Case 2.1:- 'once the provision of the new or enlarged ones have taken
place'
Response Comment:-
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.
Statement of Case 2.5:- 'The footprint of the proposed market hall is smaller than
the existing Market Hall'
Response Comment: - The City Council are required to 'enlarge' the market hall; they have failed to meet the requirement of the local
legislation.The floor space is being erroneously
reported as 3526 Square Metres. The figure is nearer 3612.5 Square Metres, however additional areas are being offered, utilising
the first floor if required, with the proposed market offering a total of 3668 Square Metres of retail space, close to
the existing floor space.
Statement of Case 3.1:- The City Council owns the freehold and actively enforces
the 'market rights' held by it.
Response Comment: - 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.
Statement of Case 8.1:- Construction of the market will need to take place in two
phases
Response Comment: - The City Council do not have the market hall completed, the phasing of the building work
will cause great inconvenience to both traders and members of the public. There is an obvious concern that the
present 73 traders cannot be allocated, that the 75 stalls utilising the first floor if required, and 14 casuals
are not available until completion of the market, many traders will experience difficulties through the phasing
work..
Statement of Case 8.4:- 'The current program indicates that the Phase 1 move will
take place in March 2007, and the final move in July 2209'
Response Comment: - The number of stalls occupied in the present market hall will not be available for a period
of 2 years 4 months. The period of construction is inappropriate and will disadvantage many of the traders who have
families to support.
Cheshire County Council's lack
of consideration
We the market traders are not qualified on detailed,
technical planning issues such as design, location, or car parking provision and traffic congestion. This has been
entrusted to Chester City Council & Cheshire County Council, a trust which must not be regrettably abused for
commercial convenience. We find ourselves in a position where we are being asked to vacate the present Public Market
hall before the new market hall is completed.
Through the consultation process and in response to the draft development brief (1989) Cheshire County Council
made the following comments.
(a) In view of the importance to the area of the Library and the properties on the north side of Hunter Street,
the site boundary should be extended to include these two areas. The existing library building should not be seen
as a constraint on redevelopment, although a library must continue to form part of the development area.
(b) The County Council is willing to discuss rationalisation of its property holdings within the area, including
the library, Commerce house, Goldsmith House and 49 Northgate Street.
We feel that we are being put in a position that undermines and threatens our livelihoods, by the County Councils
stance that it is not prepared to negotiate closing the Library temporarily during the construction work, or be
relocated so that the new market hall may be built. There is no comparison in numbers employed, or attraction,
or useful provision, between the Library and Public Market. But we find livelihoods and jobs at risk from the construction
work. We are aware that the County council is responsible for ensuring that this development conforms to the principals
provided in the
Structure
Plan and those of sustainable development are they not prepared to practice what they preach.
CHESTER'S
LOCAL LEGISLATION
The Chester Improvement
Act 1845
185. (a) And be it Enacted, That it shall be lawful for the council when and as they shall think fit to enlarge
the present market-halls and market-places in the borough or any of them and to erect and build such others and
more spacious and convenient market-halls and places within the borough for buying and selling of meat fish poultry
eggs butter corn vegetables and all and every the several other marketable commodities and usually and or exposed
for sale in the present market-halls and market-places within the borough as the Council shall from time to time
think expedient and to provide and furnish such market-halls and market places with such suitable and convenient
stands and stalls therein as the Council shall deem requisite or necessary and also to make and maintain such suitable
and spacious avenues and approaches thereto as the Council shall think proper.
186. And be it enacted That when any new market-halls or market-places shall have been provided as aforesaid it
shall be lawful for the Council either to discontinue the use of the present market-halls and places as such and
to use and convert the same to or for any other purpose whatsoever or to continue the same as such market-halls
and paces as aforesaid notwithstanding the erection and building of such other market-halls and places as aforesaid.
Chester Corporation
Act 1929
75. (1) If at any time after the passing of this act the Corporation shall exercise the powers conferred upon them
by section 185 (Power to enlarge present market halls a market places or to erect others) of the act of 1845 in
so far as those powers relate to the erection and building of other market halls and places it shall be lawful
for the Corporation with he approval of the Minister either to discontinue the use any market halls and places
for the time being vested in the Corporation as such and to use and convert the same to or for any other purpose
or to continue the same or parts thereof as such market halls and places as aforesaid notwithstanding the erection
the erection and building of such other market halls and places as aforesaid.
(2) The Corporation may also with the consent of the Minister discontinue the for the purpose of their market undertaking
of any part or parts of any market halls and market places of the Corporation and may use the parts thereof the
use of which is so discontinued for such purposes as the minister may approve.
MINISTER'S APPROVAL
Chester's local legislation has not been considered
a mater for
planning
consideration, even by the Government's Office for the North
West.
As Secretary of State and the 'Appropriate
Minister' you are now being asked
by the Council to consider the closure of the Public Market. We would ask you to defer your decision until the
City Council have addressed these problems:
(1) No link to any other retail during construction work, isolated behind the Library almost part of the construction
site
(2) No adequate service area, during construction work, even on completion the capacity is greatly reduced.
(3) Interrupted bus services
(4) For a period of up to three years the present market will be split, with the some traders relocated to the
public footpath on Northgate Street
(5) The market traders and residents of Chester will have nowhere to park?
(6) The new market is dependent on Chester City Council & ING receiving the land presently occupied by the
County Library under compulsory purchase (CPO), and only on agreement with Cheshire County Council can the Public
Market be completed.
(7) Rival traders will be selling marketable goods on the main thoroughfare
(8) Reduced size Market Hall (during construction)
(9) Chester City Council are requesting the closure of the market hall before meeting the criteria set out in the
local acts.
Phasing of the construction work
Our right under existing legislation to continuity
of trade (Chester Improvement Act 1845 Section 186) is being hindered.
The construction of the new market hall is in two
phases, with the traders of the present 'Public Market Hall'
split for up to three years, the food traders (wet) will move into a temporary building (1765 sq. m.), it is poorly
located behind the present library, almost part of the construction site, the other traders will be allocated stalls
on the open street in front of the present library.
The Public Market is at the centre of a complicated
proposed
development, we have genuine concerns for our livelihoods
while we are being moved into the new market hall. There is a need of a serious revaluation of the phasing of the
construction work if our livelihoods are not to be ruined irrepressibly by a council with a temporary full purse
and a vision.
There will be problems, particularly during the
construction period, it is essential that all the required details fit into and are provided in accordance with
a program that provides continuity of trade. There is a need to protect the market; the construction work will
adversely affect our goodwill, livelihoods and well being. The development work will close that which the market
enjoys at the present time, a
bus
station
and
parking
. During the construction work the market traders are expected
to operate behind the library with no link to any other retail activity for up to three years, the market at present
adjoins the main shopping area via the refurbished mall.
If the errors of the past are not to be repeated then a watching brief is a requisite, so that as Minister you
may be fully aware of all the available facts.
ENLARGE
Please note that under the local legislation Chester
City Council have only the right to 'enlarge'
and discontinue the use of the market hall with the 'appropriate minister's'
consent (Chester Corporation Act 1929 Section 75 (2) line one).
The traders of the present market hall (3612 sq. m.) including some ancillary areas toilets, lifts wash rooms,
excludes offices/store rooms) will be disadvantaged during the construction work the temporary market of 1755 Square Metres
(excluding the shops), will only on completion be able to utilise the additional areas (3668 sq. m.). Even then
there may be a 'lack
of accommodation', to meet the requirement
'of a more spacious and convenient market-hall' with traders using an upper floor area, which amounts to a neglect of the Parliamentary
franchise and a breach of the Councils public duty.
Retail area of the Market Hall
| 31 shops units. |
|
| 41.85 sq. m. - |
17A, 18A, 19A, 20A, 21A, 22A, 23A, 24A, |
| 29.72 sq. m - |
12A, 13A, 14A, 15A, 16A, |
| 25.08 sq. m. - |
1A , 2A , 3A , 4A , 5A , 6A , 7A , 8A , 9A , 10A ,
11A , 25A , 26A , 27A , 28A , 29A |
| 27.87 sq. m. - |
31A |
| 37.16 sq. m. - |
11A |
| |
The Fish Market shop 30A (37.16 sq. m.) has closed.
Two new units have opened shop A 11'A' fish (16.72 sq. m.). Shop A31 (27.87 sq. m.). |
| |
Total trading area of Shops = 92.9 sq. m. |
| |
|
| 66 'B' stalls |
12 ft x 10 ft |
| |
Total Area of ' B ' Stalls = 68.28 sq. m. |
| Casual Stalls |
total number 66 Casual Stall sizes (52) at 4.18 sq.
m. - (4) at 7.52 sq. m. - (4) at 10.03 sq. m. |
| |
Total Area of Casual Stalls = 287.61 sq. m. |
| |
|
| |
The Total Retail trading Area = 1952.38 sq. m. |
| |
The Public Market Hall Gross floor size (including
aisle/passage ways 41,500 Square Feet) = 3612.5 sq. m. |
| |
Present Service Bay
|
| |
The service bay caters exclusively for the market,
provides limited parking, with 45 minutes to off load. |
| |
Vehicle Parking Area gross - Theatre side - 396 sq.
m. |
| |
Vehicle Parking Area gross - Bin side - 434 sq. m. |
| |
Service Area 2267 sq. m. including storage |
Policy No - CT 17 Greater Chester Local Plan February
1988 (
App
2.8)
Service vehicles
The service bay needs to be of a sufficient size to accommodate the present needs. Provision for parking larger
vans and or casual stall holder's vehicles is not taken into account. Recognition of the areas specific to a market
loading bay is not apparent. The proposal offers a facility that will be too small. Only a few vehicles will be
able to use the service bay at any one time. At optimum times it will be insufficient, usage will be restricted.
Who bares the cost of this administration?
If we are to presume that all casual stalls holders will require access to the loading bay at one time then there
is an obvious lack of available space. Access to the service bay area is also open to the shops in the development,
and it is shared with the Department Store. This can only further exasperate the traffic management problems?
Storage
The level of storage considering the diminishment of the service bay is crucial, restriction of the use of the
bay will require greater storage. Traders need to consider their requirements in light of the fact no parking will
be allowed that working operation of the loading bay will be difficult at optimum times.
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, we therefore appeal to you as the First Secretary of State for protection.
May never be completed
We are concerned that the market will never be completed,
the development scaled down, and we will find ourselves once again subject to a poor trading area.
Moved as one in 1967
When the Market Hall moved in 1967, the Council
filled the requirements set out in the Local Acts.
NEW PUBLIC MARKET (Chester City Council 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 stall holders 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.
Removal from existing Public Market
to the New Public Market.
The Superintendent reported with respect to arrangements made for tenants in the existing Market to move into the
New Public Market for the commencement of trading in the New Public Market on Tuesday 20th June , 1967
RESOLVED - THAT THE ARRANGEMENTS BE APPROVED
The Old
Market
Hall in Northgate Street closed its doors to the public for the last time on Saturday 17
June
A commentator at the time said " It
is too early yet for Cestrians to have forgotten this solid Victorian building with its heavy classical stone facade-its
large wide - open trading area surrounded by shops and covered over with high iron roofs supported on stanchions,
and the whole enclosed with roof sheeting and glazing to give a light, airy, market place, big enough to serve
the growing city of Chester for more than a hundred years."
( Bygone Chester Chronicle )
95% of the traders moved into the New Market . It was a move of about 50 yards up hill , the council set aside
about one dozen trucks to help with the move. The oldest stall holder Mrs. Elizabeth Huxley who had the sweets
stall felt the atmosphere will be lost in the move. Mr. Alan Pickup a trader for 14 years felt the entrance to
be inadequate, M P. Lewis a Butcher for 22 years felt that with the Civic Theatre, Hotel and new shops it could
become the New City Centre. Jim Barnes had been in business since the war and was dissatisfied with the Fish Market
.
Right
of exclusive trade
The monopoly that is now established as part of
our common law has been discussed at some length; we have had two parliamentary debates of its relevance and necessity.
The Public Market has under common law, a right of protection within a distance of six and two third miles.
"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 "
(Hansard Deregulation & Contracting out Bill 10 May 1994)
Temporary stalls on Northgate
Street
The Crown cannot derogate from an 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.)
paragraphs. 681-685.].
The temporary market units on Northgate Street will only further diminish our trade, and reduce the desire of shoppers
to visit the new Public Market, we are disappointed that the City Council are using the opportunity to put rival
traders in Northgate street when we will be vulnerable due to the proposed phased construction work of the new
Market Hall.
Retail's exploding Super Markets, Hyper Markets,
Department Stores, out of town shopping, franchised markets, not only the trade of the market has been depleted
but that of the small independent shopkeepers who trade in the Rows. The Northgate Street temporary market units
will not benefit the Public Market or our City, it will rival for our trade, they will sell goods that should be
sold in the market hall.
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