Community Fight Back Against Council’s Unlawful Planning Decision to Destroy Shepherd’s Bush Market

PILC Issue a Letter Before Action on Behalf of Market Traders Who Are Fighting the Controversial Plans.

PILC are representing Friends of Shepherd’s Bush Market as they warn the London Borough of Hammersmith and Fulham that they will take them to the High Court if the controversial decision to approve redevelopment plans for the historic London market are upheld.  

The background 

The developer, Yoo Capital, is a real estate investment firm registered in Jersey. The firm manages over £3.5 billion worth of assets across London. 

Yoo Capital’s plans for the historic market include constructing a 9-story office building within the market, creating laboratory space for life science companies, and demolishing a former homeless hostel. 

The plans have been consistently met with overwhelming opposition locally, with campaigners disrupting a planning meeting, the submission of over 3,300 letters in objection, and a petition signed by over 2,000. 

But despite this, in December 2023 the Council voted 3 to 2 to approve the plans. 

The significance  

“Shepherd’s Bush Market has huge importance for a diverse range of communities across West London” says Protect Shepherd’s Bush Market rep, Imogen Tranchell. 

She is concerned as the community use the market to buy food, clothing and household goods that can’t be found at such affordable prices elsewhere. 

“The fact that Hammersmith and Fulham Council ignored evidence and misrepresented concerns to serve the interests of billionaire developers is not only a moral disgrace but unlawful. The Council must now do the right thing and quash the planning permission.”  

PILC’s Holly Ahom is a paralegal at Public Interest Law Centre was born and raised in Shepherd’s Bush. She said, “I've been lucky enough to experience the Market as a cultural hub, central to the livelihood of its community for decades. This is why it is so important that Hammersmith and Fulham Council act lawfully when considering the future of these spaces.”

The legal case 

Friends of The Shepherd’s Bush Market have warned the council that the way that the plans have been approved is unlawful. They've raised concerns on the following grounds:

• Failure to have regard to relevant information
  This includes not reviewing documents that are crucial to ensuring the long-term viability of the traders in the market, failing to consider the impact on the local diverse community, and not considering temporary and other traders who currently do not hold long-term leases.
• Breach of Public Sector Equality Duty (‘PSED’)
  Plans haven’t considered the potential loss of the informal economy, the loss of migrant ethnic minority businesses, or the loss of an important community hub for the local Black, Asian and minority ethnic population.
• Failure to provide adequate reasons
  The council hasn’t adequately explained the ways in which current plans address concerns about redeveloping the market raised by the Planning Inspector in 2014. There has also been insufficient reasoning of the adequacy of the £30,000-£50,000 profit-loss compensation figure that has been proposed by the developer, given traders' feedback that this isn't enough to protect their businesses.
• Flood Risk: Error of Law/ Failure to take into account material consideration
  The council failed to do a test as to flood risk required by the National Planning Policy Framework, misleading the Planning Committee about the policies involved and the practical considerations.

Fighting back 

Market traders have consistently warned that the plans would lead to small independent traders being pushed out by huge increases to rents and service charges, leading to the loss of the markets’ diversity and affordability for local communities. 

A group representing market traders and community members has notified Hammersmith and Fulham Council of their intention to take legal action if they don’t quash the controversial decision.  

If they fail to respond by September 5th the group will consider issuing the claim for Judicial Review at the High Court.  

For a number of years we have been active in supporting local residents and grassroots campaigns in challenging injustice stemming from gentrification.

Our contribution aims to support local residents and campaigns to shift the power balance which is so weighted in the favour of privatisation and demolition. As community lawyers, we seek to be on the ground with campaigners, offering legal services as one tool or tactic amongst others in a campaign.

Want to get in touch about gentrification issues you are facing? Please contact Alex at alexandra.goldenberg@pilc.org.uk or Saskia at saskia.ohara@pilc.org.uk.