Out-Law / Your Daily Need-To-Know

Shepherd's Bush Market traders to appeal High Court CPO decision

04 Sep 2015, 12:36 pm

A number of Shepherd's Bush market traders have applied for permission to appeal a High Court decision upholding a compulsory purchase order (CPO) that enables a proposed regeneration scheme at Shepherds Bush Market in west London to go ahead.

Former communities secretary Eric Pickles confirmed the CPO in October last year, despite recommendations by a planning inspector for refusal, concluding that sufficient safeguards had been put in place to protect traders and shopkeepers. The CPO allows Hammersmith and Fulham Council to acquire all the property interests needed for joint venture Orion Shepherds Bush Limited's plans to expand and redevelop Shepherds Bush Market.

The proposals, which received planning permission in 2012, include 207 new homes, 65,000 square feet of new market space, 43,000 sq ft of cafes and restaurants and 43,000 sq ft of community space.

Despite a judicial review challenge by Shepherd's Bush Market Tenants' Association, the High Court upheld the CPO in July. The traders have now applied for permission to take the case to the Court of Appeal, stating that the original decision by Pickles was "unlawful" and "unfair".

A spokesperson for the developer said that the scheme “will retain the unique nature of the market, allowing it to maintain and grow its traditional strengths in fabric, fashions and food, whilst expanding to offer more crafts, cafes, flowers and food lines,” according to reports.

Planning expert Victoria Lindsay of Pinsent Masons, the law firm behind Out-Law.com said: "Pickles' decision to confirm the CPO last year against a planning inspector's recommendation for refusal was controversial."

"Mr Justice Dove in the High Court has already declined to decide an application by the market traders for permission to appeal to the Court of Appeal and now the market traders are taking their legal challenge directly to the Court of Appeal," Lindsay said. "It will be interesting to see what the Court of Appeal decides and whether a full hearing is allowed. If permission was refused, this would be the last gasp for the market traders long running objections. The traders consider that the proposed development offers insufficient guarantees and financial safeguards to protect the long-standing market traders whilst at the same time regenerating the area."