18th December 2023
Without Prejudice
A Call to the Hammersmith & Fulham Councillors from ‘Protect Shepherd's Bush Market’ in objection to Planning Application – Reference 2023/01093/FUL relating to Shepherd's Bush Market and Neighbouring Land Areas
The following is a copy of a recent letter that was sent from ‘Protect Shepherd's Bush Market’ to the Councillors of Hammersmith & Fulham Council in objection to the controversial planning application - Reference 2023/01093/FUL that will be considered on Tuesday 19th December 2023 at the Planning and Development Control Committee meeting.
Good evening,
Following Saturday’s councillor surgery in Fulham Reach, we want to respond to an allegation that our statement signed by 33 traders is invalid, due to traders signing a counter statement in support of the plans produced by the developer.
This statement was produced by Yoo Capital last week, in response to ours.
Our statement was developed jointly with a group of traders after 18 months of working with individual traders and hearing their concerns.
Many traders have called and written to us expressing extreme distress over the past two weeks. They have been visited by the developer, outnumbered by 3 Yoo Capital representatives, and questioned on why they have signed our statement objecting to the plans. This is outright bullying and intimidation: the traders are entitled to freedom of speech, and it is a breach of confidentiality for Yoo Capital to request these names from the press and the Council.
Yoo Capital have then pressured traders into signing a new statement in support of the development plans, with implied threats if they did otherwise. While some traders of course support the plans, there is a clear power imbalance given that Yoo Capital are their landlords and many traders have reported to us that they felt pressured into signing the statement despite disagreeing with it and opposing the redevelopment plans. Traders feel threatened with rent increases, and for some on insecure contracts removal from the market altogether, if they did not sign the statement. This is bullying and harassment, and completely unacceptable behaviour.
We as the community will not stand for this, and it is disturbing that the Council are doing nothing to address such behaviour given we have raised similar issues several times with the planning officers.
Since the Planning and Development Control Committee meeting was interrupted, Yoo Capital have created a toxic atmosphere in the market, greatly increasing the number of security and preventing community members from speaking freely with traders without surveillance. When we visit the market, we are followed by security guards and members of Reimagine staff. This is an infringement of our own and traders' right to free speech. Threatening signs have been installed, stating that 'YCSMBL reserves the right to refuse or withdraw licence to any person(s) at any time and either prevent such persons entering the Market or require such persons to leave the Market immediately'. What has happened to the market as a public space? How can the council stand by and let this happen?
These are just recent examples of years of intimidation of traders by Yoo Capital. Back when the planning permission was first submitted, Yoo Capital went around with a tablet, pressuring traders to submit statements of approval. Many told us that they did so out of fear, concerned that the developer would treat them less favourably with lease negotiations if they did not do so.
In 2021, Yoo Capital attempted to introduce gagging clauses into the 'Settlement and Supplement Deed'. James Horada, the previous chair of the Shepherd's Bush Market Traders' Association noted:
'Yoo Capital’s proposal for the confidentiality clauses within the settlement which prohibits the SBMTA from communicating to the public, regarding the affairs or business interests or any relating information or documentation relating to the landlord or any member of the landlord’s groups, is viewed as unreasonable, impractical, and unacceptable.' [1]
All of these examples of intimidation have been raised to councillors and planning officers previously but have not been acknowledged.
The Council have continually sided with Yoo Capital rather than the community and the traders. We believe that you have reneged on your responsibilities to the people of Shepherd's Bush and are allowing the destruction of our market and continued gentrification of the area. This planning process is devoid of democracy and local people deserve better.
Yoo Capital does not care about the long-term future of traders; they plan to sell the market in 8-10 years for 2-2.5x profits. [2]
Their priority is to make the greatest increase in value asset for their investors.
This redevelopment scheme does not benefit the London Borough of Hammersmith & Fulham, nor the community it represents. We need a community development scheme, one that benefits the traders and the communities the market currently serves.
At the meeting last week, Councillor Omid Miri promised to meet with us and hear our concerns.
We have been denied this meeting and are frustrated to learn that the planning meeting has been reconvened for tomorrow (19th December 2023), with none of our concerns having been listened to and addressed.
This is unjust; is the council not meant to represent the community?
For months, we have emailed councillors about our concerns of massive rent increases, loss of protected leases, failures of the planning proposal to address the interior disrepair in the railway arches, and the lack of housing for social rent in the proposals.
We have submitted extensive objections to the planning application, for these simply to be dismissed as worthless in the planning report. We have not been granted a single meeting with any councillors, planning committee members or the council leadership. The Council have failed our community.
We call on you to reject Yoo Capital's planning application tomorrow (19th December 2023).
Failing to do so will mean your legacy as elected councillors will be one of having enabled the irreparable loss of our market as a diverse and affordable community market serving the local community.
Regards,
Protect Shepherd's Bush Market
[2] https://drive.google.com/file/d/1jmmLjuRTomZOrnOxaTMDWXUs19cgcMRM/view?usp=sharing