The local authority has issued a statement in response to the closure of two Homesavers stores in Waterford.
50 people are without jobs in Waterford after two discount stores were forced to close last night.
The High Court ordered Homesavers in Dungarvan and Tramore to shut because they did not have planning permission.
In response to the judgement, Waterford City and County Council have issued the following statement:
Waterford City and County Council applied to the High Court on the 19th November 2020 for an order to prevent the unauthorised use of three properties at: Kingsmeadow, Waterford City; Riverstown Business Park, Tramore and Westgate Business Park, Dungarvan.
The planning authority had become aware that Homesavers had commenced trading in Kingsmeadow in September in breach of the conditions attaching to the planning permission for that property. Also, it had become clear that Homesavers intended opening two additional units in Dungarvan and Tramore without the benefit of planning permission and without any prior consultation with the planning authority.
The planning authority issued official Warning Letters in relation to all three properties on the 6th November. However, following the issuing of those Warning Letters, Homesavers continued to trade at Kingsmeadow and proceeded to open the two new stores in Dungarvan and Tramore despite very clear warnings of the potential consequences of such action.
The case was heard before Mr. Justice Garrett Simons on Monday the 14th December and the court delivered its judgement on Wednesday the 16th.
The court found that the two units in Tramore and Dungarvan had commenced trading without the benefit of planning permission and ordered that retail activity should immediately cease at those two locations from midnight on Wednesday the 16th and that all associated unauthorised signage should be removed within 72 hours.
The court also found that the relevant planning permission for the Kingsmeadow property only allowed a limited form of retail use and specifically prohibited the sale of convenience goods (including non-durable household goods and food), clothing and footwear. Mr. Justice Simons was satisfied that Homesavers had breached this limitation and ordered that sale of convenience goods, clothing and footwear should be discontinued from midnight on Wednesday the 16th and that any unauthorised signage at that location should be removed.
Waterford City and County Council is very open and welcoming to all new businesses that engage properly with the planning system. The planning authority will continue to work with the private sector to ensure that appropriate development and economic activity is encouraged and facilitated at suitable locations throughout the county. However, the planning authority will also robustly defend the integrity of the planning system, where necessary, to support the vitality of our established town centres and those businesses that continue to offer vital services to our community in accordance with relevant regulations.
