Homesavers ordered to close two stores
High Court judge said it “strains credulity” that retailer would not have taken legal and planning advice before signing leases
Print16 December 2020
The High Court has ordered two discount Homesavers stores in Co. Waterford to close, while a third Homesavers outlet can stay open but is not allowed to sell convenience goods, such as food, clothing and footwear.
The stores opened just before the Christmas market got underway. However, Waterford City and County Council obtained an interim injunction last month, stating that they would have to close as they were in breach of planning permission.
The action was brought against Homesavers operators: Centz Retail Holdings, Centz Stores 7, Centz Stores 8, ICE Cosec Service and the group’s general director Naeem Maniar.
The court previously lifted the injunction on behalf of the Homesavers respondents, pending the outcome of the full proceedings which were heard by Mr Justice Simons.
According to the judge, Homesavers conceded they did not have planning permission for retail use for the Dungarvan and Tramore stores, although they did “belatedly” submit planning applications for them.
In the Waterford city store, the Homesavers team said the existing planning permission allowed them to operate with a retail use, although they accepted that selling convenience goods was not permitted. They disagreed with the council’s interpretation of the existing permission, specifically with regard to the ruling out of selling non-bulky items.
Homesavers claimed that the council’s “blunt force” approach was prompted by retail rivals and would lead to job losses.
Mr Justice Simons said Homesavers had demonstrated a “reckless disregard” for the need to obtain planning permission before opening.
He also said it “strains credulity” that a company with over 30 retail stores across the country would not have taken legal and planning advice before signing long leases on the three premises.
The closure orders are to come into effect from midnight and all unauthorised signage taken down within 72 hours.
The Waterford city store is allowed to stay open but will not be allowed to sell clothes, footwear, and convenience goods, such as non-durable household goods and food. Unauthorised signs must also to be removed within 72 hours.
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