By Melissa Grant
ONE of Pakenham’s long-time traders said he was considering taking his business elsewhere after a dispute over Cardinia Shire Council’s new Footpath Trading Code.
Council officers have fined Pakenham Discounts owner Terry Baldwin $234 and threatened to impound his stock after the trader of 24 years refused to relocate his wares.
Under the code, traders can no longer place items up against the wall of their shops – instead they must allow a 1.5 metre clearway.
However, Mr Baldwin says the rule shouldn’t apply for him as his store is set back from other businesses along Main Street.
Mr Baldwin said council officers had previously acknowledged “his special circumstances” but now required him to remove his wares away from the building line.
“They said that’s not practicable – we hear you,” he said.
“(Now) the location they want me to put my stock is 600mm from the road line which is about six metres from my shop.
“I can (also) hang something from my wall as long as it doesn’t hang more than two metres.”
Alan Giachin, the council’s manager local laws, said the placing of goods against the building line was in contravention to the Footpath Trading Code, which came into effect on 1 August.
Mr Giachin said the council had exhausted every avenue to assist and encourage Mr Baldwin to comply with the code.
“On each occasion council have tried to assist Mr Baldwin by discussing possible solutions to enable him to continue to display his goods on the footpath and comply with the Footpath Trading Code. On each occasion Mr Baldwin advised that he believed that he did not have to comply with the code and would not do so,” he said.
“Different solutions offered to Mr Baldwin included possibility of using a goods on display unit which Mr Baldwin advised that this would not suit his needs, or contacting the Planning Department at Council to investigate the possibility of a permanent fixture to be placed in front of his shop – therefore creating the possibility of displaying his goods in the current position.”
Mr Giachin said the trading code was introduced to allow a continuous path of travel for disabled persons and mums with prams, and to ensure compliance with the Disability Discrimination Act 1992.
He said Mr Baldwin did not have a current permit to have goods on display.
Mr Baldwin said he was investigating whether he could place a permitter around his stock but was hopeful commonsense would prevail.
“Everyone says it’s crazy,” he said. “It makes no practical sense.
“It makes me want to leave the town. I have a lease until 21 December 2010. I’ll just have to weigh it up then.”
