Council shop size bizarre regulations

[GBoydnz]

We are looking to lease a property which has formerly been used as 3 shops. The total gross floor area is about 180sq metres. However the (Hamilton) council zoning says all shops must be either under 150 sq meters or over 1000 sq m. This seems very bizarre??

Council say the existing useage has fallen off after one year and that a resource consent will be required. The layout is such that the actual useable floor area for showroom will be approx 100 sq. m.

Maybe someone has some clues? There is no way we are going thru a resource consent for such a stupid reason.

Thanks for any advice.

[Davo36]

Yep, after 12 months any existing use rights disappear.

I would find out what zone the property is and then look in the district plan to see if retail is a permitted activity in that zone, or if it's discretionary, controlled or what have you.

And yep there could well be rules around shop sizes.

Councils love all this stuff, it just pours money into their coffers. They need money for their latte's mate, come on!

Hardly anything is permitted as of right these days. Councils call this being flexible. The rest of us call it a rort. Basically they want you to have to pay them $3k for a resource consent, and they want to be able to have a say and control how you set up your business. They like control.

Local government is the biggest handbrake on this country's economy, and hardly anyone knows it or does anything about it. Which is why I post again and again on it.

[GBoydnz]

Yep, after 12 months any existing use rights disappear.

I would find out what zone the property is and then look in the district plan to see if retail is a permitted activity in that zone, or if it's discretionary, controlled or what have you.

Zoning is fine, no problem with what we intend. The property is set up for 2 or 3 shops, but the total gross area is just a few sq meters outside the (stupid) rules. No one can explain what the purpose of the rule is, or why it is there. The council say it will probably be removed in the next district plan. Most new specialist retail is in the 200 to 600 sq.m so resource consents all round.

Seems the council prefers empty buildings over new businesses. Dunno what happens when the owners get sick of paying outgoings on unusable buildings.

We are not going to pay the ransom, we will find another property.

[Davo36]

Mate the problem is that the council just don't care.

They couldn't give a stuff about a building sitting empty. They get the rates anyway.

And to tenant it, they want a fee paid to them - which is why the size rules exist (they will say different).

Even if you're doing stuff like subdividing land, creating sections which rates will be paid on (i.e creating little income streams for the council at no cost to them) they will try and stop you. Same with unit titles of commercial buildings etc.

They want it all ways. Which means they want as much money and as much control over you and your property as possible. Stuff the economic consequences of this. And it happening all up and down the country.