Decision to green light market redevelopment facing judicial review threat

The residents' group, Friends of Shepherd's Bush Market, also contends that the council failed to provide adequate reasons for its decision and ignored a flood risk in taking the decision.

Hammersmith & Fulham's Planning Committee voted to approve the development in December 2023 with a vote of three for and two against.

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

According to the Public Interest Law Centre, which is assisting the residents' group, the plans have been "consistently met with overwhelming opposition locally", with campaigners disrupting a planning meeting, the submission of more than 3,300 letters in objection, and a petition signed by over 2,000.

The council now has until 5 September to reply to the group's pre-action protocol letter, which sets out four grounds of argument.

The first ground argues there was a failure to have regard to relevant information, including 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.

The second ground concerns an alleged breach of the Public Sector Equality Duty, suggesting that the plans did not consider 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.

Thirdly, the group contends the council failed to adequately explain how 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," it claims.

Finally, the group argues that there was an error of law as the council did not conduct a flood risk test required by the National Planning Policy Framework.

Protect Shepherd's Bush Market spokesperson, Imogen Tranchell, said: "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." 

Holly Ahom, a paralegal at Public Interest Law Centre who was born and raised in Shepherd's Bush, 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."

A spokesperson for the London Borough of Hammersmith acknowledged receipt of the letter, adding that the council would respond in due course.

Yoo has been approached for comment.

Adam Carey