10th May 2024
Without Prejudice
Friends of Shepherd’s Bush Market (FoSBM)
friendsofsbm@gmail.com
For the attention of:
The Mayor of London – mayor@london.gov.uk
The Leader of the Hammersmith & Fulham Council – stephen.cowan@lbhf.gov.uk
Concerns from 'Friends of Shepherd’s Bush Market' Regarding
YC Shepherd’s Bush Market Ltd.’s Conduct and Steering Group Terms
Dear Mayor of London and Leader of the Hammersmith & Fulham Council,
'Friends of Shepherd’s Bush Market' is a collective group of market tenants, market licensees, employees of the market businesses, local residents/customers/supporters, and supportive community groups.
'Friends of Shepherd’s Bush Market' currently holds the leading collective representation of the Shepherd’s Bush Market Tenants.
One of the reasons that ‘Friends of Shepherd’s Bush Market’ has come about is because the market tenants have felt fearful of Orion/YC Shepherd’s Bush Market Ltd. and a significant level of disregard from them.
Orion Shepherd’s Bush Market Ltd./YC Shepherd’s Bush Market Ltd.
The company YC Shepherd’s Bush Market Ltd.(YCSBML) formerly known as Orion Shepherd’s Bush Market Ltd. is the landlord of Shepherd’s Bush Market and the applicant of the proposed planning application – reference GLA 2023/01093/FUL.
It is the view of ‘Friends of Shepherd’s Bush Market’ that this planning application threatens the long-term affordability and diversity of the existing Shepherd’s Bush Market businesses.
The proposals would impose significant negative repercussions on both businesses and residents in the area.
It is recognised that the developer/landlord’s ambition has been to stifle and gag the voice of the market community, erode the multi-cultural and ethnically diverse character of London’s 110-year-old market, and exploit the market land for its financial gain.
This developer company had sought to impose Shepherd’s Bush with their previous planning application - reference 2011/02930/OUT. However, due to the community’s objection to the prejudicial repercussions of the developer’s proposals, the matter was fought in the Court of Appeal (reference - Horada & Ors v Secretary of State for Communities and Local Government & Ors [2016] EWCA Civ 169) resulting in the quashing of the developer’s planning application.
The Former Steering Group
The former planning application relating to this developer company, had initially received obligations through the Section 106 Agreement dated 30th March 2012 requesting a Steering Group.
Details of the Steering Group criteria within 30th March 2012 Section 106 Agreement may be referred to on page 26 and page 54 paragraph 2 of schedule 15 which may be viewed via the Dropbox Link:
The history of the previous Steering Group is comprehensively documented. Problems arose, due to (Orion Shepherd’s Bush Market Ltd./YC Shepherd’s Bush Market Ltd.) the development company’s approach, in that it did not encourage nor allow the market community to express its views. In fact, quite the opposite occurred whereby, the developer/landlord sought to control and manipulate the outcome of the Steering Group.
Some of the developer/landlord’s failings were:-
i.
The developer issued a lack of notice to the market community relating to the proposals and meetings.
ii.
The developer showed an unwillingness to cooperate on matters regarding the agendas of meetings.
iii.
The developer forced their wish to govern and manipulate the role of chair of the steering group meeting, therefore imposing a prejudiced and biased chair to conduct the meetings.
iv.
The developer placed an unfair restriction on the market tenants, licensees, and representatives attending the meetings, therefore censoring and repressing the actualities of the meeting.
v.
The developer showed controversy by an unfair allocation of votes on the steering group, which was not proportionate to the actual representation of the market.
vi.
There was an inappropriate wish by the developer to govern over and amend the minutes to their benefit therefore controlling and manipulating the voice of the tenants and the outcome of the meetings.
In 2013 the development company had chosen to disregard the market businesses’ concerns and arrogantly went ahead with their initial steering group meeting in secret without the majority voice of the tenants. The developer even refused to provide the location and time of the first meeting, which was later revealed to have been held at the Robin Partington’s office in New Oxford Street at 7pm on Monday 10th December 2013.
The conduct of the development company was shocking, and these issues were conveyed to the LBHF and the GLA between December 2013 and January 2014.
The Greater London Authority’s Intervention
By March 2014 the Greater London Authority (Mr Finn Williams - North-West Area Manager)
had intervened and insisted on various changes to implement greater transparency and democracy.
The events between the developer – Orion Shepherd’s Bush Market Ltd./YC Shepherd’s Bush Market Ltd. and the market businesses relating to the steering group are documented thoroughly and were all sent to the LBHF and the GLA at the time.
The developer showed reluctance to implement fairness and transparency, however the Steering Group workings did improve through the introduction of:
An agreed procedure giving fair and appropriate notice of each meeting and its agenda.
Correct and appropriate proportionality of the vote that carries the view of each market business or its representative.
An independent Chair who in no way was affiliated with the developer.
Audio recordings were permitted at every meeting, so to ensure and encourage accuracy, honesty, correctness, and civility.
Minutes - drafted and all parties’ comments, regarding the draft minutes documented in the final minutes, and where there remained dispute or disparities in the view of the minutes, this would be acknowledged and recorded/documented.
Since the misconduct of the developer in relation to the steering group was all thoroughly documented, we hope that LBHF and GLA may learn and avoid these past mistakes.
YC Shepherd’s Bush Market Ltd.’s May 2024 Steering Group Proposal
On Wednesday 1st May 2024 the planning application applicant/landlord - YCSBML sent an email to the traders of Shepherd’s Bush Market.
This email received from YCSBML on 1st May 2024 contains both email text and an attachment.
The email text received on 1st May 2024 may be viewed via the Dropbox Link:
https://www.dropbox.com/scl/fi/9zytagof0azmr3t86p3ap/1st-May-2024-PDF-Shepherds-Bush-Market-Steering-Group-1.pdf?rlkey=7p7iaiwexyet0tw0sc9wf2ack&dl=0
The email attachment received on 1st May 2024 may be viewed via the Dropbox Link:
https://www.dropbox.com/scl/fi/itwmpd7j3cq4bg5x66gsv/1st-May-2024-SBM-Steering-Group-2.pdf?rlkey=llyw3jz1lifj2wm6qj7v5942l&dl=0
YCSBML states in its email dated 1st May 2024: - “As part of our planning application, the Council has asked us to set up a new Shepherd’s Bush Market Steering Group”.
Friends of Shepherd’s Bush Market would like to know who at the Council has sent this request?
And, what is the LBHF’s intended purpose in establishing this Steering Group?
If the Steering Group is a proposal due to the obligations within the prospective Section 106 Agreement, then:
(i)
Why are there no better stipulations to invoke democracy and fairness for the traders’ voices?
(ii)
Why is this Steering Group being initiated before the Section 106 Agreement is finalised?
(iii)
Why has Orion Shepherd’s Bush Ltd./YC Shepherd’s Bush Market Ltd. acted in haste?
The developer’s announcement of the Steering Group was issued on 1st May 2024 and it has attempted to close the list of nominated representatives for the steering group by 8th May 2024, therefore offering a limited time of 5 working days. However, as discussed in the latter section of this letter, the developer in a later email dated 2ndMay 2024, altered the date for the submission of the so-called representatives from 8th May to the 7th May, therefore, giving only 4 working day notice.
The perfunctory and unprofessional way in which this new Steering Group is being introduced, seems to be following on from the mistakes and bad faith conduct by the developer of the previous Steering Group.
YCSBML’s email dated 1st May 2024 continues to state:
“The Steering Group will be made up of representatives from the landlord, the SBMTA and market traders.”
YCSBML’s approach regarding this Steering Group proposal, unfortunately, attempts to stop the representatives of the market traders from being a part of the Steering Group.
YCSBML is aware that ‘Friends of Shepherd’s Bush Market’ (FoSBM) currently hold the leading collective representation of the Shepherd’s Bush Market Tenants, and yet, has tried to manipulate the situation and disregards a significant proportion of the market tenants by not including ‘Friends of Shepherd’s Bush Market’ (FoSBM).
It is important to note that many of the tenants have gained the refuge of a ‘safe space’ within ‘Friends of Shepherd’s Bush Market’ (FoSBM), as they have felt fearful and intimidated by the developer/landlord’s manner and methods.
YCSBML’s email dated 1st May 2024 proposes a flawed methodology of votes and misrepresentation within the Steering Group, and states:
“There will be seven positions on the Group for traders. Two of the seven positions will be held by the SBMTA Committee. Five positions will be open to any trader. Once elected, traders will have a term of one year, and will not be able to stand again the following year.”
YCSBML has chosen an illogical proportionality of seven votes. Two votes that are inexplicably given to the SBMTA. Five votes are then offered to individual traders. These individuals do not represent any significant number of traders and may be in the position of a conflict of interest, due to current agreements with YCSBML.
Meanwhile, YCSBML has disregarded the voice of all those tenants who are represented by Friends of Shepherd’s Bush Market (FoSBM).
If ‘Friends of Shepherd’s Bush Market (FoSBM) holds 60% of the market tenants/licensees in Shepherd’s Bush Market then Friends of Shepherd’s Bush Market should categorically hold 60% of the overall vote of the steering group.
YCSBML has proposed that “Two of the seven positions will be held by the SBMTA Committee”.
This is a perplexing proposition for several reasons.
Firstly, there are currently concerns regarding the integrity of the SBMTA Committee. A ‘vote of no confidence’ due to questions that the three SBMTA committee members may have allegedly entered into an arrangement of personal gain with the developer on the proviso that the SBMTA supports YC Shepherd’s Bush Market Ltd.’s development.
Secondly, the ratio of 2 votes of 7 votes suggests that the SBMTA represents 28% of the market's voice within its membership.
The SBMTA does not hold the majority of the voice of the market businesses any longer.
The SBMTA committee is viewed to have breached its own constitution from April 2022.
It is suggested that the LBHF and the GLA conduct a thorough and impartial investigation to ascertain precisely what has been and is the true membership of the SBMTA since April 2022. Failure to perform an impartial investigation may lead to embarrassment and difficulties later down the line.
YC Shepherd’s Bush Market Ltd. have proposed that: “Five positions will be open to any trader”.
Orion Shepherd’s Bush Market Ltd./YC Shepherd’s Bush Market Ltd.’s interpretation of democracy is regretfully a continual concern.
YCSBML’s current proposal raises questions about its understanding of fairness and equality. How does five individual traders, who do not represent other than themselves, acquire the vote that YCSBML suggests represents 5/7th (or 71%) of the market tenants/licensees.
YCSBML has continued to undermine the voice of market traders by including a bizarre clause: “Once elected, traders will have a term of one year, and will not be able to stand again the following year.”
Why is YCSBML attempting to limit the work of the representatives by stating that they may only perform their duty for one year?
It appears that YCSBML may not wish for anyone to challenge it nor for the challenge to grow in strength or experience.
A trader should be able to have a representative such as a solicitor, surveyor, translator, or other experts to represent them and deliver their view at the Steering Group. This should be the choice of the individual, not of YCSBML.
If the goal of the Steering Group is to encourage views of the market community to be spoken and heard then all traders must be allowed to attend.
Orion Shepherd’s Bush Market Ltd./YC Shepherd’s Bush Market Ltd. appear to be repeating past habits and making the mistake of overstepping their remit and compromising the rights of the market businesses. History shows us where this may lead if this is overlooked. Both the GLA and the LBHF have a duty to ensure fairness and democracy.
YCSBML has stated in their email received on 1st May 2024 that: “The Steering Group will be made up of representatives from the landlord, the SBMTA and market traders”.
And therefore, there is agreement that ALL market traders should be represented. But YCSBML's methodology shows prejudice for it excludes all of those traders who have found representation in ‘Friends of Shepherd’s Bush Market’ (FoSBM).
YCSBML will not permit those traders who have been in the market for less than 6 months to have a say in the Steering Group, despite these traders making the admirable commitment of trying to build their future livelihoods in Shepherd’s Bush Market. YCSBML’s proposal insinuates that the Steering Group would tackle the concern of increasing tenancies, footfall, diversity, and the efficient day-to-day running of the market. Furthermore, why would YCSBML not also invite the views of those market traders who are not tenants or licensees but who are employees and who are part of the market community? These traders may spend every day of their working life in Shepherd’s Bush Market and as such, should these traders not be permitted to offer their views?
YCSBML seeks for it to be in the position of Chair and to control the ‘minute taking’.
This is completely unreasonable as the Chair of this Steering Group and the control of the minutes should be executed with efficiency, professionalism and most importantly by someone who is impartial.
Is the haste of YCSBML’s introduction of this Steering Group, prior to the LBHF finalising the Section 106 Agreement and prior to the Mayor of London’s decision on the Stage 2 of YCSBML planning application, due to the presence of ‘Friends of Shepherd’s Bush Market’ (FoSBM)?
YC Shepherd’s Bush Market Ltd.’s emails dated Thursday 2nd May 2024 and Tuesday 7th May 2024 make further uncalled for changes to YCSBML’s proposal regarding the establishing of Steering Group, without any debate regarding the stipulations, remit, or methodology.
A notable amendment by YCSBML is their reduction in the notice given, stating that all nominations must be received by 7th May 2024. Why is YCSBML providing even less time for the community to respond? Four working days for the tenants to process and respond to this Steering Group proposal is unreasonable and unacceptable
YCSBML’s email correspondences on Thursday 2nd May 2024 as seen in the following Dropbox Link
YC Shepherd’s Bush Market Ltd.’s email correspondences on Tuesday 7th May 2024 as seen in the following Dropbox Link
Perhaps it is not surprising that the developer is repeating the same mistakes as a decade ago. It is the same developer company, with a similar approach that may be considered, to be hell-bent on the pursuit of profit from a speculative development with little or no concern for the long-term future of Shepherd’s Bush Market. The planning application reference GLA 2023/01093/FUL is similar in its goals to that of the previous 2011 planning application - reference 2011/02930/OUT.
In recent months YCSBML have repeatedly bullied and intimidated individual traders in Shepherd’s Bush Market. Most alarming has been the way in which Hone Books Galore was forcibly evicted in February 2024. After refusing to address concerns with a proposed lease that was being imposed upon Meron Gwiggner, YCSBML changed the locks and removed all of the shop's contents overnight.
BBC London News: Eviction of Meron Gwiggner from Hone Books Galore
https://twitter.com/savebushmarket/status/1758165261159379081/video/1
Several licensees have also been forced out due to rent and utility charge increases and other changes to trading arrangements. These matters may be seen as evidence that YCSBML does not have the welfare of traders and the benefit of the market community as a priority in their approach. Therefore we do not see these proposals for a new Steering Group as being made in good faith.
The problem with YCSBML’s proposal is that it does not appear to be honest in regard to the aim of the Steering Group. These proposals seem to use the formation of this group as a performative exercise, to give the impression of working with the market community, while actually manipulating their desired outcome.
It is hoped that the LBHF would learn from past experience and take action to protect and safeguard the long-term future of the Shepherd’s Bush Market businesses. There is an urgent need to address the lack of care and consideration that has been shown towards the residents, the market traders, and the customers/supporters of Shepherd’s Bush Market.
It is the view of ‘Friends of Shepherd’s Bush Market’ (FoSBM) that these proposals from YCSBML are prejudicial to the market community and therefore this Steering Group does not deserve legitimacy.
Yours sincerely,
Friends Of Shepherd’s Bush Market (FoSBM)