Market traders in Shepherd’s Bush are heading to the Court of Appeal to challenge a High Court decision upholding a controversial Compulsory Purchase Order (CPO) imposed by former Communities Secretary Eric Pickles on the area.

They are objecting to redevelopment plans, which will include private block of luxury flats next to the market, which were given permission when Mr Pickles appeared to go against the advice of a Government inspector.

The High Court challenge was heard on July 28, but delivering his ruling three days later, Judge Mr Justice Dove upheld the CPO and declined to decide an application by the market traders for permission to appeal to the Court of Appeal.

Now law firm Leigh Day, acting for the market traders, are taking the legal challenge direct to the Court of Appeal to continue the fight against the decision, applying for permission to appeal on August 19.

Traders in the much-loved 100-year-old market took legal action after Mr Pickles overturned the recommendation of an independent senior inspector to refuse to confirm the CPO, following a Public Inquiry in 2014, because the proposed development of Shepherd’s Bush Market did not offer sufficient guarantees and financial safeguards for the long-standing market traders.

The public inquiry by planning inspector Ava Woods found the proposed development did not offer sufficient guarantees and financial safeguards for the long-standing market traders.

She also felt there was a real risk a newly developed market and shops would not provide the ethnic diversity or opportunities for small businesses which make up the area.

'Essential part of the community'

Despite this finding, Mr Pickles overturned the inspector’s recommendation, enabling property developer Orion to build on the site, which will result in substantial disruption and alteration to the market.

The traders describe the legal action as a battle for their livelihoods, protecting the businesses which have been worked by the same families in the market for generations.

Hammersmith MP Andy Slaughter said: “Most people in Shepherd’s Bush were astonished when the Government ignored the decision of the public inquiry to protect the market and told the developer to go ahead and bulldoze the area, without giving any reason.

“The High Court decision is disappointing and I am pleased to hear that the market traders are appealing to save the market which is an essential part of the community in Shepherd’s Bush.”

James Horada, chairman of the Shepherd’s Bush Market Tenants’ Association, said the regeneration plans was forcing away business: “The scheme now threatens to compromise the unique and eclectic market businesses. This scheme is removing our security and forcing additional costs and liability onto our businesses.

“In recent months we have had over 10% of the market businesses fold and leave the Market.

“This scheme should be about protecting and cradling the businesses of Shepherd’s Bush Market and preserving an exceptional community.

“We were extremely disappointed at the High Court decision and have been advised by our lawyers that we have good grounds for an appeal.”

Leigh Day solicitors partner Richard Stein called Mr Pickles’ decision “unlawful” and “unfair”.

Developers Orion said the change would be positive, adding: “The reality is that the majority of traders tell us customer numbers are dropping and that the market has long been in decline.

“Much-needed modernisation and investment provides an opportunity to address this by adapting to changes in what shoppers want, following the example of other iconic London markets.

“This 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.”