[Article] TK Maxx Ordered to Stop Selling from Retail Park

Bards

From http://www.thepost.ie/news/ireland/tkmaxx-ordered-to-stop-selling-from-retail-park-49711.html
========================================================

Discount retailer TK Maxx has been ordered by the High Court to stop selling fashion clothing from its store in Butlerstown Retail Park in Waterford.

Mrs Justice Mary FinlayGeoghegan reserved judgment on the date when the order would come into effect. The action against TK Maxx, was brought by Warrenford Properties, which manages the nearby Lisduggan Shopping Centre.

In an affidavit, Stephanie Taheny, a director of Warrenford and of Noel Frisby Construction, s aid that retailers in the Lisduggan centre had been ‘‘seriously and adversely’’ affected by TK Maxx’s continued use of its premises in breach of planning permission.

She said TK Maxx had opened its retail warehouse unit in Butlerstown in October 2008. In February the following year, An Bord Pleanála said that TK Maxx’s use of three units at the retail park, and their amalgamation into a single unit, we re unauthorised development.

Taheny claimed that TK Maxx and its agents, Colliers Jackson Stops, were fully aware that the location of a TKMaxx store outside Waterford city centre was contrary to retail policy. She said the city council had confirmed that the retailing of ‘‘non-bulky goods’’, including clothing and footwear, would not be allowed in the retail park.

When the county council later approved TKMaxx’s use of the Butlerstown unit, Taheny said she was astonished.

‘‘That Waterford County Council believed that TK Maxx could operate from this unit without selling fashion and footwear is akin to asking someone to believe that McDonalds would open a fast food takeaway while prohibited from selling hamburgers and chips," she said.

According to Taheny, TKMaxx made ‘‘a deliberate attempt to circumvent the planning policy’’ by describing what it sold in vague terms.

Taheny said that, despite the issue of a warning notice and an enforcement notice in December 2008,T K Maxx had continued to trade from the premises and had ‘‘profited substantially’’.

Accounts for TJX Ireland, trading as TKMaxx, show that turnover in its 13 stores increased by 31 per cent to €131.4 million for the year ending January 31 2009, while pre-tax profits rose by 67 per cent to €25.9 million.

Taheny said the TK Maxx store was a ‘‘serious and significant threat to the viability and continued operation’’ of the Lisduggan centre and could lead to ‘‘significant’’ job losses.

She said TKMaxx was considering moving to a store vacated by Penney’s in Railway Square, and this would help stabilise and even increase retail activity in Waterford city centre.

merlante

Bards wrote: »

... She said TKMaxx was considering moving to a store vacated by Penney’s in Railway Square, and this would help stabilise and even increase retail activity in Waterford city centre.

For those of you who though Railway sq. was not viable, you could be about to be proved wrong. This sort of business needs to be maintained in the city centre. That's where our flagship retail needs to be.

Again, a pity the Newgate centre is not there, because there are other retailers, such as M&S, that want to get into Waterford.

south

i've heard they've made moves to move into Railway Square already and i wonder is this it ? http://www.waterfordcity.ie/ePlan41/FileRefDetails.aspx?file_number=1043&LASiteID=0

Gadgie

So TK Maxx being in the Butlerstown retail park is causing the Lisduggan SC to lose business, is it? Presumably once they close, people will begin flocking to Lisduggan to buy clothing from... er... Heatons? Tesco? Or maybe "Legend" could reopen...

Trick of the Tail

Nonsense, of course. Petty minded actions by jealous people, aided by foolish planning rules.

TK Maxx probably brings a lot of people to Butlerstown; With the shop gone from there the other tenants will surely suffer.

A.

Yes Boss

Sensible planning would never have allowed them to be situated in Butlerstown!! We need to strengthen the City Centre to ensure its survival!!

Leo Demidov

Who owns the unit in railway square, does Ms Taheny have a vested interest in having TK Maxx relocate to that premises? Notwithstanding the facts of the case, could it be said that any input from Ms Taheny is vexacious in that TK Maxx could surely not be detrimental to the excellent retail centre that is lisduggan.

Trick of the Tail

Agreed, but the city council's policies seem intent on destroying the city centre.

Let's face it, they havn't got a clue. And jeopardising other businesses because of these arcane and nonsensical policies will only serve to reduce the number of businesses in the city and drive the trade elsewhere.

A.

Yes Boss

wexfjord wrote: »

Who owns the unit in railway square, does Ms Taheny have a vested interest in having TK Maxx relocate to that premises? Notwithstanding the facts of the case, could it be said that any input from Ms Taheny is vexacious in that TK Maxx could surely not be detrimental to the excellent retail centre that is lisduggan.

Ms. Taheny has no interest in Railway Square! In fact, she is a Town Planner by trade. The fact of the matter is that TK Maxx should never have been situated on the outer ring road - It is just simply poor planning!

Yes Boss

alinton wrote: »

Agreed, but the city council's policies seem intent on destroying the city centre.

Let's face it, they havn't got a clue. And jeopardising other businesses because of these arcane and nonsensical policies will only serve to reduce the number of businesses in the city and drive the trade elsewhere.

A.

Can you give examples?

Aquos76

I've spoken to quite a few city centre business owners and as far as they are concerned, they might as well stay where they are as locating in railway square, when pennys moved from city centre to railway square business dropped off no end in the cc and local retailers couldn't wait for pennys to reopen. They maintained that customers just drove in to railway square, went about their business in pennys and headed off home again. People were not inclined to walk the distance up to the city centre. They feel that the very same situation will arise if and when tk max open in railway square. I actually think they will be right.

It's just a pity that that old cinema could not have been considered as an option, look at what has happened down on the mall when everybody started working together foir the good of the city and not ones own gains.

The city council are going to have to address these empty buildings sooner rather than later. Opposite the cinema there are atleast 2 brand new units never opened, city square also has 3 empty units, champion sports are due to take one of these units however, then there is the quay, the old johnny hearnes building is also another fine size building which is vacant.

I accept that the city council can't be held responsible fir all the empty premises, but they should be pushing new business to atleast consider these premises with maybe some sort of incentive offered.

Cabaal

Aquos76 wrote: »

I've spoken to quite a few city centre business owners and as far as they are concerned, they might as well stay where they are as locating in railway square, when pennys moved from city centre to railway square business dropped off no end in the cc and local retailers couldn't wait for pennys to reopen. They maintained that customers just drove in to railway square, went about their business in pennys and headed off home again.

Drive?
I would have said they got the bus as far as railway square and got off, then got the bus back home again. At the very least they likely parked in Tesco's so they wou;dn't have paid for parking

People were not inclined to walk the distance up to the city centre.

People are lazy, in fairness I've heard people complain about walking from Geoffs to Harveys....because its too far away!??

Its only a few 100 metres ffs
:rolleyes:

I accept that the city council can't be held responsible fir all the empty premises, but they should be pushing new business to atleast consider these premises with maybe some sort of incentive offered.

While its clear some of the premises could be up for rent you also have to consider that others may not be or they may be for sale/rent a too high a price.

Its all fine and well setting up shop in the city centre but not much good if your outgoings are too high because rent is through the roof, if any business is starting off it makes sense to try ensure that outgoings are not through the roof atleast for the first while.

Sully

I assume they will appeal, possibly look for an injunction so they can re open in railway square without shutting up shop and loosing jobs.

I can't see how lisduggan is effected, nor do I see how it will improve. Has potential but doesn't seem to be using it. I could have sworn there were other reasons in a similar thread before about why this case was brought.

With regards to railway square. Why didn't Pizza Hut open? Centra didn't do much business. TK Maxx will, but can't see the complex opening out much.

When pennys was there, the city centre hadn't much of an attraction to pull people in. With Pennys still there, I can't see there being a significant drop anyway unless TK Maxx takes their custom from them.

homolumo

I think the greatest damage that could be done as a result of this is to the other retailers in the Butlerstown Retail Park as TK Maxx pulls a lot of people in.

As someone said above when Pennys relocated most people just parked in Tesco or around and did their shopping b4 heading home. The same would happen if TK Maxx end up in there.

The objection by the Lisduggan SC retailers probably has more to do with the
effect on the proposed development then current business.

Minstrel27

homolumo wrote: »

The objection by the Lisduggan SC retailers probably has more to do with the
effect on the proposed development then current business.

Bitterness is what is. Nothing else.

Junior

Sully wrote: »

I assume they will appeal, possibly look for an injunction so they can re open in railway square without shutting up shop and loosing jobs.

I can't see how lisduggan is effected, nor do I see how it will improve. Has potential but doesn't seem to be using it. I could have sworn there were other reasons in a similar thread before about why this case was brought.

With regards to railway square. Why didn't Pizza Hut open? Centra didn't do much business. TK Maxx will, but can't see the complex opening out much.

When pennys was there, the city centre hadn't much of an attraction to pull people in. With Pennys still there, I can't see there being a significant drop anyway unless TK Maxx takes their custom from them.

Honestly I can't see how the clothing sales in Lisduggan has been affected, if anyone in Lisduggan has any sense the whole place could do with a revamp, it's an old antiquated shopping centre. Instead they just complain about it instead of trying to raise their game.

The problems with Railway Square is there isn't any footfall, passing traffic if people are coming to Tesco it's normally to do a shop get in and get out. I'm not sure if TK Maxx will bring anything to the centre if it locates there, it shouldn't be on it's own like that, with the array of shops that it's currently located with they all provide a differing service and I would presume that there is cross footfall out in Butlerstown.

AdMMM

I think the greatest damage that could be done as a result of this is to the other retailers in the Butlerstown Retail Park as TK Maxx pulls a lot of people in.

I don't see it having much of a difference. The other tenants there are large enough to draw in their own crowd and I can't see the disappearance of TK Maxx having much of an affect on the likes of B&Q or Halfords.

ex_infantry man

next the lisduggan sc will complain about tesco being in ardkeen as it took a lot of people away from doin there weekly shop in lisduggan!

foxylad2

Junior wrote: »

The problems with Railway Square is there isn't any footfall, .

actually - when Pennys moved to Railway Sq - their turnover went up 30% - much to their surprise!

Yes Boss

foxylad2 wrote: »

actually - when Pennys moved to Railway Sq - their turnover went up 30% - much to their surprise!

So what is wrong with the City Centre? Why would more people go to Penny's in Railway Sq? What is the fundamental problem with the City??

Aquos76

foxylad2 wrote: »

actually - when Pennys moved to Railway Sq - their turnover went up 30% - much to their surprise!

Proof if ever any way needed that people prefer to go to retail outlets outside of the city centre. People are able to drive to these locations and not have to worry about parking fees, that's why the likes of tk max and next out in tesco ardkeen do so well, while pennys relocated, many used tesco poleberry to park along with the footpath outside, I don't recall seeing to many traffic wardens down around that area while pennys were there.

As far as I can tell, the biggest problems affecting the city centre are parking charges, the rent prices tenants are been charged, along with exceptionally high commercial rates, plain and simple, and as I've said already, I can't see tk max bringing in any additional business to the CC

wmpdd3

Yes Boss wrote: »

So what is wrong with the City Centre? Why would more people go to Penny's in Railway Sq? What is the fundamental problem with the City??

Parking!!!!!

Minstrel27

Yes Boss wrote: »

What is the fundamental problem with the City??

As highlighted by the two above me parking is a huge problem.

ex_infantry man

what killed the city centre is pedestrianisation, it killed a very good pub trade down that area and its killing the retail trade now that and the lack of good parking!!!!! you could say just bad planning as a whole!!!!!!!

JohnC.

How come Waterford seems to be the only city in the world where people claim pedestrianisation is killing city centre trade? Everywhere else is delighted with it and want more in many cases.

Yes Boss

ex_infantry man wrote: »

what killed the city centre is pedestrianisation, it killed a very good pub trade down that area and its killing the retail trade now that and the lack of good parking!!!!! you could say just bad planning as a whole!!!!!!!

What would JR square be like if some good quality pubs were introduced? You could use the square as an open venue with seating areas outside the pubs. Why did the City Council allow all the pubs to congregate down around John's Street???

merlante

alinton wrote: »

Nonsense, of course. Petty minded actions by jealous people, aided by foolish planning rules.

TK Maxx probably brings a lot of people to Butlerstown; With the shop gone from there the other tenants will surely suffer.

A.

Oh that's great, people being brought to Butlerstown. So instead of a city with public transport and facilities that is already there, we want to create and protect a little urban enclave with no access, amenities or other facilities, where all of the rates go to pay for another roundabout in Dungarvan. Sounds great.

The city council are fighting an unpopular battle with vested interests to promote and save the city centre, and thus the city as a whole. The petty minded people are those who break planning guidelines for a quick buck at the expense of sound planning that gives all the citizens of the city the best value for money in the long term.

JohnC.

Yes Boss wrote: »

What would JR square be like if some good quality pubs were introduced?

Full of vomit and takeaway rubbish, if John Street before the cleaning crews get to it is anything to go by.

merlante

Aquos76 wrote: »

I've spoken to quite a few city centre business owners and as far as they are concerned, they might as well stay where they are as locating in railway square, when pennys moved from city centre to railway square business dropped off no end in the cc and local retailers couldn't wait for pennys to reopen. They maintained that customers just drove in to railway square, went about their business in pennys and headed off home again. People were not inclined to walk the distance up to the city centre. They feel that the very same situation will arise if and when tk max open in railway square. I actually think they will be right.

Leaving aside the fact that I think this is total BS (and how do businesses even know where their customers are coming from anyhow?) surely moving TKMaxx to Railway sq. will have the effect of bringing a ton of people from Butlerstown to *some part* of the city centre, and surely *some portion* of that crowd will frequent the rest of the centre?

Who drives in to town just to go to Penneys, and not walk as far as the others shops anyway? I mean I know people are lazy, but what do they do they, get back in the car and go to city square to go to Debenhams, and then maybe get back in the car and go to next in Ardkeen?

This is whole problem with out of town shopping anyway, that people have to get into the car every time they want to go to a different shop. The reason why you have to pay for parking in the city centre is because more people want to shop there than there are convenient spaces. Because of the number of shops that are there. The reason why Butlerstown is free is because there is a ton of space for parking and very few shops. There is no conceivable way that all of the shops in the city centre could be laid out with huge car parks on front of them, on, say, the outskirts, without requiring shoppers to drive from complex to complex by car. The fuel costs would be unreal. The young, the old, the poor, and those not willing to invest in a car would have no opportunity to shop. The council would spent all its money on roads and there would be no parks, etc. And guess what, it would be a **** shopping experience. Nobody would come to Waterford to shop. People from Waterford would shop in Cork or Dublin where there is a concentration of retail in one place, and guess what, pay the parking charges.

I also think it's hilarious that at least one person on here is suggesting that pedestrianisation is killing the city centre. Everywhere else it's a boon, attracting shoppers from far and wide. In Waterford it's somehow pure poison. What about the cafes that have sprung up providing outdoor seating in JR square? How much money do you think they would make on a dusty street with cars backed up outside? How well would Penneys and the Book centre do without people being able to stream into them from every direction? How many of our lazy populace would not bother to cross a busy road to go to one or the other, if other arguments are to be believed? How many jobs benefit directly on pedestrianisation, particularly in the summer? Bewleys, Brunch, O'Briens, BB's, T&H's, Lattetude, etc. What about the business that is done in the market on a Saturday? What about all the people who frequent the pedestrianised areas because they are pleasant places to be? How much money do they spend on coffee, sandwiches or drinks?

Aquos76

I agree with what you are saying in regards to pedestrianisation, I actually think this is great for our city centre and I would hate to see JR square reopened to traffic, however I think you are underestimating how lazy some people can be. You only need to look at the car park out in tesco Ardkeen for example, there is a set down area which is always full of parked cars, as is the end of every row of parking spaces where there is not even a parking space.

My point is that say for example if someone was to park in City Square, they will not be inclined to walk down as far as railway square to TK Max, and like wise, they will not be inclined to walk from millers marsh up in to JR Square. Maybe I am wrong but I spend a lot of time in around our CC and the amount of people that drive around all day looking for a parking space as close to City Square as possible is crazy. People in general are just lazy. You should check out any of the local schools in the mornings and evening too, if parents could drive into the school yards to drop off pick up their kids they would.

south

so no one looked into the fact that they might be moving into the old pennys shop then