29th October 2023
Without Prejudice
Concerns Regarding Yoo Capital’s Planning Application Reference 2023/01093/FUL - Application Address: Shepherds Bush Market, Former Old Laundry Yard, 42 And 48 Goldhawk Road London W12.
In February 2014, Transport for London passed the stewardship of Shepherd’s Bush Market over to the developer known as ‘Orion Shepherd’s Bush Market Ltd.’.
The Hammersmith & Fulham Council had supported Orion Shepherd’s Bush Market Ltd.’s planning application (Reference - 2011/02930/OUT), possibly with the hope that the transition would bring betterment and assistance to the Shepherd’s Bush Market businesses.
Although this may have been the intention, it was soon considered to be evident that the developer was not aligned with the intended ‘spirit of betterment’. Instead, it was considered that the developer’s objectives were to maximise the profitability of the market land, and if the traders’ rights and established leases got in the way of the developer’s profits and proved to be an obstacle then the obstacle would have to be removed.
The Government Inspector - Ms Ava Wood Dip Arch MRTPI considered that the developer’s planning application was prejudicial to Shepherd’s Bush Market businesses.
Further information regarding the CPO Report to the Secretary of State for Communities and Local Government by the Government Inspector may be viewed via the link:
As the developer Orion Shepherd’s Bush Market Ltd. held the stewardship of Shepherd’s Bush Market, the traders feared the prospects of being placed under siege and suffering attrition by the landlord reducing the numbers and strength of the businesses within the market.
In 2016 the tenants of the Shepherd’s Bush Market enjoyed some salvation through the win at the Court of Appeal - ‘Horada & Ors v Secretary of State for Communities and Local Government & Ors’ [2016] EWCA Civ 169 - link: https://www.bailii.org/ew/cases/EWCA/Civ/2016/169.html
The 2016 Court of Appeal case overthrew Orion Shepherd’s Bush Market Ltd.’s planning application Reference - 2011/02930/OUT, however since then, there has been the ongoing concern that this win might prove only to be a postponement of the developer’s schemes if the Hammersmith & Fulham Council cannot proficiently protect the livelihoods of the Shepherd’s Bush Market businesses and ward off the developer’s advances.
With Orion Shepherd’s Bush Market Ltd. retaining the stewardship of Shepherd’s Bush Market, the developer’s ability to reduce the market’s footfall and tenancies and damage the market’s character was viable. Orion Shepherd’s Bush Market Ltd. could make various day-to-day managerial decisions and cause difficulties, placing distress on the market businesses. Subsequently, it was felt that these grim prospects invoked fear onto the market community.
It had been hoped that the Hammersmith & Fulham Council would remove the future threat of Orion Shepherd’s Bush Market Ltd. resubmitting their prejudicial schemes, by removing the core incentive of the developer’s ambitions. This may have been achievable by eliminating all possibility of the developer utilising the Hammersmith & Fulham Council land known as the Old Laundry Site Area that is located next to Shepherd’s Bush Market.
It has been considered that if the developer could acquire control of the neighbouring land areas, then they could greatly increase their investment in this land by encroaching across the Shepherd’s Bush Market boundaries and building on top of Shepherd’s Bush Market land despite it causing upset and disruption to the market businesses. This act may be considered to be ‘land grabbing’ and a direct threat to the Shepherd’s Bush Market land, its character, and its functionality.
The neighbouring land areas, such as Old Laundry Site Area, are viewed to have influenced the developer, perversely warping the intended spirit of regeneration for the market that was supposed to bring betterment to the market businesses into an opportunity of monetary profit by building a towering structure for residential and corporate use.
Perhaps the Hammersmith & Fulham Council could have removed/eliminated the option of Orion Shepherd’s Bush Market Ltd. utilizing the Old Laundry Site Area Land. If the Hammersmith & Fulham Council had chosen to do this then this could have removed the incentive for the developer to pursue their ambitions and further threaten the Shepherd’s Bush Market businesses.
Could the Hammersmith & Fulham Council have stopped the damaging ambitions of Orion Shepherd’s Bush Market Ltd. by not giving the developer the option to build on the Hammersmith & Fulham Council land known as the Old Laundry Site Area?
It could be considered that if the Hammersmith & Fulham Council had prevented the developer from entertaining options on the Old Laundry Site Area then the livelihoods of so many would not have been put in jeopardy. This principle may be as relevant now as it was several years ago.
Furthermore, the Hammersmith & Fulham Council could have sought the support of the Mayor of London and encouraged Transport for London to take back the stewardship of Shepherd’s Bush Market and return this great London market to the care of its original public body landlord.
Orion Shepherd’s Bush Market Ltd. has remained. Their pursuit of seizing control over the market businesses and the tenants’ rights has persisted. As feared, many of the market businesses have fallen. Tenancies and footfall have diminished. The market is now a shadow of its former self, compared to when it was under the stewardship of Transport for London.
In September 2020 Orion Shepherd’s Bush Market Ltd. sold part of their holding and partnered with Yoo Capital. The new partnership is now called ‘YC Shepherd’s Bush Market Ltd.’
YC Shepherd’s Bush Market Ltd. has submitted a new planning application reference 2023/01093/FUL.
Despite Orion Shepherd’s Bush Market Ltd.’s planning application reference 2011/02930/OUT being deemed to be prejudicial to the Shepherd’s Bush Market community, YC Shepherd’s Bush Market Ltd.’s planning application reference 2023/01093/FUL is distressingly similar.
The planning application reference 2023/01093/FUL is viewed to threaten the longevity and affordability of the Shepherd’s Bush Market business.
As dreaded, it may be considered that Orion Shepherd’s Bush Market Ltd. may have found a way to resubmit their planning application and pursue their financial goals, despite the negative repercussions that it may cause.
It appears that the ‘spirit’ and reasoning of Transport for London selling Shepherd’s Bush Market in 2014 to the developer, in order to bring about betterment to the ethnically diverse and multicultural Shepherd’s Bush Market businesses has been either forgotten or disregarded, either way, it may all be in vain.
Although the Hammersmith & Fulham Council may wish to support the market businesses, it is noted that Yoo Capital already has an established ‘relationship’ with the Hammersmith & Fulham Council due to the Olympia London site.
It is felt that YC Shepherd’s Bush Market Ltd. has coaxed numerous market businesses to leave Shepherd’s Bush Market, and perhaps the market businesses have wisely moved away elsewhere to find a friendlier and more conducive environment. The ongoing drain on the market businesses since the developer’s arrival may be described as hugely unhelpful.
Those market tenants that might be in support of the planning application reference 2023/01093/FUL may be resided to the fact that their businesses may be on borrowed time and may not be able to afford to remain in the market within the next decade.
The principles of safeguarding the ethnically diverse multicultural businesses of Shepherd’s Bush Market that assist many low-income families should remain to be in the forefront of our minds.
The battles that the market tenants have won, including ‘Horada & Ors v Secretary of State for Communities and Local Government & Ors’ [2016] EWCA Civ 169 should clarify good principles and guide the way for all parties to be encouraged to protect and safeguard the existing market businesses.
Local residents like ‘The Greenside Residents Action Group’ recognise that this planning application reference 2023/01093/FUL may bring about severe negative repercussions in the long term, not only for the market businesses but also for residents like themselves, and that the quality of their lives may be impaired.
The Greenside Residents Action Group appears to have expressed frustration and disapproval with Yoo Capital’s behaviour due to its unprofessionalism and disregard for Greenside Residents Action Group’s concerns.
YC Shepherd’s Bush Market may have even made claims that parties have no objections or no concerns when evidence indicates otherwise. The failure of Yoo Capital to sincerely and openly acknowledge that there are problems and differences has been considered angering.
These considered observations relating to YC Shepherd’s Bush Market Ltd. are shared by several parties and how YC Shepherd’s Bush Market has conducted their so-called ‘consultations’ has raised alarm.
The following letters from the Greenside Residents Action Group express deep concerns with both planning application reference 2023/01093/FUL and with the applicant YC Shepherd’s Bush Market Ltd.
Greenside Residents Action Group’s objection to Yoo Capital’s Planning Application 2023/01093/FUL dated 29th June 2023, may be viewed via the following link:
Greenside Residents Action Group’s further letter expressing concerns dated 20th October 2023, may be viewed via the following link:
The Planning Application Reference 2023/01093/FUL may be soon deliberated at a Hammersmith & Fulham Council Planning hearing, however, until that time, all individuals and groups may submit their objections to Planning Application Reference 2023/01093/FUL to the Hammersmith & Fulham Council Planning Department by writing to the Hammersmith & Fulham Council Planning Department case officer - Ms Jesenka Oezdalga - Tel: +44 7341 673196 - Email: Jesenka.Oezdalga@lbhf.gov.uk