A court ruling which overturned a government decision to impose a compulsory purchase order (CPO) on Shepherd’s Bush Market traders has criticised the government.
The announcement on March 18 that the CPO imposed by former Communities Secretary of State Eric Pickles was unlawful was made after traders battling for their livelihood took their fight to the Court of Appeal.
The market traders object to redevelopment plans by property developer Orion, which will include private block of luxury flats next to the market .
Government inspector Ava Wood had highlighted several concerns following a public inquiry in 2014. She 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, but Mr Pickles went against her recommendations and granted the CPO .
During the appeal hearing heard on March 3, the market traders’ solicitors Leigh Day argued Mr Pickles had failed to give adequate explanation for going against the advice of the inspector .
In his judgement handed down on March 18, Lord Justice Lewison agreed. He said: “Although it is clear the Secretary of State disagreed with the inspector’s views that the guarantees and safeguards were inadequate he does not explain how he came to that conclusion."
He added: "The Secretary of State may have had perfectly good reasons for concluding that the guarantees and safeguards were adequate.
“The problem is we do not know what they were. In those circumstances I consider that the traders have been substantially prejudiced by a failure to comply with a relevant requirement.”
The developers said the decision created uncertainty around the future of the market. An Orion spokesperson said: “We are extremely disappointed with the decision in the Court of Appeal, as we believe that our ability to deliver the much needed investment and regeneration of Shepherd’s Bush Market will now be seriously affected.
“The decision creates further uncertainty for the existing market traders and consequently the future of the market, which has long been in decline.
“We remain committed to providing a vibrant and successful market that will return it to its rightful place at the heart of the local community. However, without the wider investment and redevelopment needed to realise our common vision for the Market, another one of London’s historic landmarks may be lost."
'Fantastic outcome'
Hammersmith MP Andy Slaughter welcomed the decision. He said: “This is a fantastic outcome for everyone who shops and works in Shepherd’s Bush Market and for all Londoners fighting to save traditional markets from faceless developments.
The court rightly found the government’s arbitrary dismissal of its own inspector’s case to be unlawful. This is a major step towards saving this 100-year-old market for future generation.”
Richard Stein, from Leigh Day solicitors, said: “We are delighted that the Court of Appeal agreed with the market traders and confirmed the concerns put forward by the planning inspector who came to the clear conclusion, following a public inquiry into the development, that the proposals would not protect the diversity represented by the current traders and shopkeepers and therefore recommended the CPO be rejected.
“Despite this Mr Pickles chose to ignore this recommendation, apparently without any reason at all, and gave it the go ahead. We have maintained all along that this decision was unlawful and unfair for both the market traders and the residents of Hammersmith and Fulham and we are therefore extremely pleased with the decision.”
James Horada, the chairman of the Shepherd’s Bush Market Tenants’ Association , had earlier told getwestlondon : “This win brings us hope that we can hold on to our livelihood.”
