28th March 2022
Reference IL Ref 0670
For the attention of The Shepherd’s Bush Market Tenants’ Association Community & Supporters
 
Notice of Retirement

Dear friends,
I will be retiring from the position of Chairman of the Shepherd’s Bush Market Tenants’ Association (SBMTA) on Wednesday 30th of March 2022.  I have been the Chairman of the Shepherd’s Bush Market Tenants’ Association since 2006, and across the 16 years of service, I have been moved by the support and faith which so many of you have given.
 
It is essential for the businesses of Shepherd’s Bush Market to be unified and to stand together. Cultivating a caring and respectful friendship amongst one another is vital. The strong backing amongst the community has been the foundation in defending the character and prospects of Shepherd’s Bush Market. I have often been impressed by other market associations across London as their dedication and organisation as a mass has been inspiring. It is important to realise that our common interests and similarities bind each of us together, and together we may be a formidable influence to seek that which is fair and just.
 
It is regrettable that Transport for London had sold Shepherd’s Bush Market to private developers in February 2014. For since that time, it is viewed that this has tragically given the unforgiving opportunity for private developers to treat the market businesses poorly on various occasions.  The excuse of false progress or change for the sake of change should neither be an acceptable reason nor disguise to threaten the value and wellbeing of any market business.
 
The past eight years have been demanding on the Shepherd’s Bush Market businesses. Each of you should be proud of the way that we have joined together to overcome the challenges. The win in the Court of Appeal in 2016, against the developers’ ambitions, should be commended. The fortunate outcome of the Court of Appeal judgement is felt to have given many of the market businesses an extension of time and an opportunity that would not have been available if the developers had been permitted to have their way.
 
(Details of the judgement of the Court of Appeal case ‘Horada & Ors v Secretary of State for Communities and Local Government & Ors’ [2016] EWCA Civ 169[3] from The Lord Chief Justice of England and Wales, Lord Justice Longmore, and Lord Justice Lewison may be found by clicking here).
 
Sadly, some traders have not been able to weather the storm, and the loss of these businesses from Shepherd’s Bush Market has been unfortunate.
 
There have been concerns regarding the landlord’s handling of the Service Charge Accounts. Dispute Notices relating to the accounts from the years 2014 to 2019 have been served on the landlord. The solicitors of both the SBMTA and the landlord have been discussing proposals to resolve these accountancy issues, through to date, no agreement has been reached, however, the landlord needs to realise that this is an opportunity to resolve past wrongs and not an excuse to implement further compromise onto the market traders. Each leaseholder who had served a Dispute Notice through the SBMTA will be contacted in due course if negotiations move in a favourable direction.
Further reimbursement to many of the leaseholders may be due from the landlord for the Service Charge Account years of 2019/20 and 2020/21. If there is reason to raise new disputes regarding these years, then, this may have to be dealt with promptly, once the landlord has served each year’s worth of Service Charge Accounts, in chronological order, to the SBMTA and each leaseholder.
 
We are aware that the developer - Yoo Capital, wishes to carry out an office and residential development on Shepherd’s Bush Market land and other neighbouring areas.  Yet, the precise details of Yoo Capital’s intentions will not be known until it submits its planning application to the Hammersmith & Fulham Council Planning Department. At this point, the Hammersmith & Fulham Council will then issue notification across the Borough and begin the official consultation process.
It will be imperative for every individual to consider the planning application details, and to comment in writing, raising concerns and observations to the Hammersmith & Fulham Council Planning Department.
Currently, no one truly knows as to what Yoo Capital may propose, however, these proposals may be likely to affect the future of many of the market businesses. Please be prepared and ready. The SBMTA has made preparations and has appointed a professional organisation to appraise the planning application when it is made known.
If the developer – Yoo Capital, partners with the Hammersmith & Fulham Council, and builds on Shepherd’s Bush Market land, it is hoped that the Hammersmith & Fulham Council will properly protect the Shepherd’s Bush Market businesses. But nothing should be taken for granted. The market businesses may need to urge the Hammersmith & Fulham Council to implement suitable safeguards and defend the value and future of their businesses.
 
I am pleased with the SBMTA Committee, and I have every confidence that any transition that may be required will be smoothly and proficiently managed. The SBMTA Committee may be contacted via email: info@sbmta.com  As always, the assistance of every SBMTA member is greatly welcomed and encouraged. Please remember that the help of many, to aid and cradle each member, is the idyllic goal. Mr Peter Wheeler, who is currently the Vice-Chair of the SBMTA, will be stepping into the position of Chairman with immediate effect from the 31st of March 2022. The SBMTA Committee has knowledge and experience, and together it will assist the SBMTA well.
 
Thank you and best wishes,
James
 
James Horada
Chair of the Shepherd’s Bush Market Tenants’ Association