11th December 2023
Letter to the Mayor of London dated the 9th of December 2023
The following letter dated 9th December 2023 was sent to the Mayor of London and objects to the Hammersmith & Fulham Council Planning Application - Reference 2023/01093/FUL that relates to the land within and around Shepherd’s Bush Market, London W12.
Although the applicant (known as YC Shepherd’s Bush Market Ltd.) may have promoted this planning application as something positive, further scrutiny and investigation show that this proposal is very similar to the planning application reference 2011/02930/OUT that had been previously submitted by the applicant’s partners (known as Orion Shepherd’s Bush Market Ltd.) and had been ‘blocked’ by the Court of Appeal judgement – ‘Horada & Ors v Secretary of State for Communities and Local Government & Ors’ [2016] EWCA Civ 169’.
This latest planning application (Reference 2023/01093/FUL) similarly raises the concern that this scheme may bring ruin and prejudice to the long-term future of the multicultural and ethnically diverse businesses of Shepherd’s Bush Market.
Even if the claim of gentrification is attempted to convince the public that there is financial gain for the area, is it viewed okay to accept that market businesses and local residents may be deeply compromised and fall victim at the hands of this scheme?
So, what are the developers’ persistent 10-year planning ambitions on the Shepherd’s Bush Market area truly all about?
The letter to the Mayor of London raises concern and questions about the Hammersmith & Fulham Council’s involvement in this whole matter.
The planning application appears to be motivated by the potential gain in the value of the neighbouring land formerly known as the Old Laundry Site Area which belongs to the Hammersmith & Fulham Council.
The Old Laundry Site Area is awkwardly surrounded by other land areas and is trapped with very limited access. The developer’s planning application seeks to gain greater access for Hammersmith & Fulham Council’s land, so, increasing its entrances and exits, and increasing the overall potential building area by encroaching across Shepherd’s Bush Market land at the detriment of the small market businesses.
The Hammersmith & Fulham Council has been fully aware of the troubles that the developers have caused to the market community over the past decade, and it appears that the developers could have been stopped and ‘cut off at the knees’ if the Hammersmith & Fulham Council had chosen to refuse the developer any potential right to build on the Hammersmith & Fulham Council’s land known as the Old Laundry Site Area. Yet, Hammersmith & Fulham Council has chosen not to do this.
Although the Hammersmith & Fulham Council has verbally spoken out in support of the local businesses and residents, the Hammersmith & Fulham Council’s reluctance to back up their words with actions and simply deny the developer the right to use or prospectively build on the Old Laundry Site Area raises quandary and mistrust.
The Old Laundry Site Area may be considered to be the catalyst and cause of much unhappiness and prejudice in the past and potential future, despite the fact that the Hammersmith & Fulham Council is the owner of this land.
Perhaps the Hammersmith & Fulham Council is in favour of the developer/applicant’s scheme as it may increase the value of the Old Laundry Site Area. Perhaps the Hammersmith & Fulham Council believes it is better to prioritise the potential profit that may be gained on the land, over the detriment that will continue to harm the local businesses and residents of Shepherd’s Bush.
Could this matter warrant an independent official investigation?
To read the letter sent to the Mayor of London and consider what may be currently happening within the borough of Hammersmith & Fulham, please continue reading on.
Letter to the Mayor of London - view the following Dropbox link:
9th December 2023
Without Prejudice
For the attention of the Mayor of London - mayor@london.gov.uk
Objection to Planning Application - Reference 2023/01093/FUL Relating to Shepherd’s Bush Market - A Gradual Eradication of the Shepherd’s Bush Market Businesses
Dear Mr Mayor,
We are taught from an early age the differences between right and wrong, and that there is a responsibility not only to ourselves but to others. Yet, what may separate one person’s values from another, may not only be the knowing of what is right, but also having the conviction and dedication to act, and ‘do the right thing’.
It may often be said that doing the right thing is the harder option, however, it is the path of principles and good values that may offer reward, perhaps not immediately, but eventually.
The 5th of December 2023
On the 5th of December 2023, the Hammersmith & Fulham Council scheduled a Planning and Development Control Committee meeting to consider whether the planning application - reference 2023/01093/FUL, relating to Shepherd’s Bush Market and other neighbouring lands, should be approved.
The meeting was met by the Shepherd’s Bush community voicing firm views against the planning application. Concerns had previously been raised regarding the conduct of the consultation relating to the planning application - reference 2023/01093/FUL. On repeated occasions from both market businesses and local residents, it has been reported that many have observed a disturbing lack of transparency from the applicant and that the applicant’s handling of their consultation process felt undemocratic.
The Planning and Development Control Committee meeting on 5th December 2023 was adjourned, with no decision, it is hoped that the Hammersmith & Fulham Council will be democratic and provide the opportunity for individuals to speak and present their arguments to the Planning and Development Control Committee in the new year when the Planning and Development Control Committee may next meet.
Both local residents and businesses feel that this planning application is most inappropriate and that this planning application and the applicant – YC Shepherd’s Bush Market Ltd. and their partners Orion Shepherd’s Bush Market Ltd. have a history that has brought much upset, suffering, and concern to many.
Shepherd’s Bush Market
For over 32 years, I worked full time within my family’s textiles business, which was established in 1919 in Shepherd’s Bush Market and operated for 102 years. I served as Chairman of the Shepherd’s Bush Market Tenants’ Association (SBMTA) for 16 years from 2006 to 30th March 2022. I have extensive knowledge in matters relating to Shepherd’s Bush Market that occurred during the stewardship of London Underground Limited, Transport for London, Orion Shepherd’s Bush Market Ltd, and YC Shepherd’s Bush Market Ltd. Subsequently, I may be considered by many as a leading expert on Shepherd’s Bush Market.
I stepped down from the position of Chairman of the SBMTA on 30th March 2022, yet I am still often approached by various individuals who are seeking advice, assistance, and representation regarding matters relating to Shepherd’s Bush Market.
Shepherd’s Bush Market was established in 1914 for the ex-servicemen to trade on this market land. As later explained in this letter, for 100 years, under the stewardship of the public body London Underground Limited (LUL) and Transport for London (TfL), Shepherd’s Bush Market was famed due to the mass of multicultural and ethnical diverse retail market businesses, providing value for money, to many, including low-income communities. In hindsight, it may be viewed as deeply regrettable that the land and its ‘function/use’ were not shielded and entitled to protection due to Shepherd’s Bush Market’s established heritage.
To paraphrase the Government Inspector who was appointed by the Secretary of State for Communities and Local Government – Ms Ava Wood Dip Arch MRTPI, the Shepherd’s Bush Market businesses provide a unique and valuable offer, not found elsewhere in the West London area.
Almost a decade ago there was a Conservative alignment between the Hammersmith & Fulham Council (led by Councillor Stephen Greenhalgh), the Mayor of London (Mr Boris Johnson), and the Government (led by Prime Minister David Cameron). Perhaps this alignment was the key that regretfully led to ‘Transport for London’ passing its stewardship of Shepherd’s Bush Market over to the developer known as ‘Orion Shepherd’s Bush Market Ltd.’ in February 2014, who was the applicant of the previous planning application – reference 2011/02930/OUT that related to Shepherd’s Bush market land and neighbouring areas, (and the partner of the YC Shepherd’s Bush Market Ltd. who is the applicant of the latest planning application reference 2023/01093/FUL).
Although, the planning application – reference 2011/02930/OUT was later considered to be prejudicial to the Shepherd’s Bush Market businesses by the Secretary of State for Communities and Local Government’s Government Inspector - Ava Wood Dip Arch MRTPI and by the Lord Chief Justice of England And Wales, Lord Justice Longmore, and Lord Justice Lewison, regarding the Court of Appeal case - ‘Horada & Ors v Secretary of State for Communities and Local Government & Ors’ [2016] EWCA Civ 169, it may be prudent to note that the Hammersmith & Fulham Council had indeed approved the planning application – reference 2011/02930/OUT.
Perhaps this invokes the question - why did the Hammersmith & Fulham Council approve a prejudicial planning application?
- Details of the CPO Report to the Secretary of State for Communities and Local Government by the Government Inspector - Ava Wood Dip Arch MRTPI may be viewed via the link: http://data.parliament.uk/DepositedPapers/Files/DEP2015-0230/223452-223453_Slaughter_-_Shepherds_Bush_Inspector_Report.pdf
In 2016, as Chairman of the Shepherd’s Bush Market Tenants’ Association at the time, I, James Horada[1] was proudly able to serve the market businesses. Together the market community defended the livelihoods of the Shepherd’s Bush Market businesses and were successful in the Court of Appeal due to the wisdom of the Lord Chief Justice of England And Wales, Lord Justice Longmore, and Lord Justice Lewison.
- The judgement relating to ‘Horada & Ors v Secretary of State for Communities and Local Government & Ors’ [2016] EWCA Civ 169 may be viewed via the link: https://www.bailii.org/ew/cases/EWCA/Civ/2016/169.html
It is important to understand that the judgement relating to ‘Horada & Ors v Secretary of State for Communities and Local Government & Ors’ [2016] EWCA Civ 169 by the Lord Chief Justice of England And Wales, Lord Justice Longmore, and Lord Justice Lewison acknowledged inter alia that there is a duty and requirement for any future scheme relating to Shepherd’s Bush Market to incorporate robust safeguards to protect (i) the long term affordability of Shepherd’s Bush Market, (ii) the long term livelihoods of the multicultural and ethnically diverse market businesses, (iii) and to implement hardy stipulations and conditions ensuring that the market tenants themselves may have the capacity to economically protect their businesses, yet despite this Court of Appeal judgement it appears that this latest Shepherd’s Bush Market planning application is not taking heed of the recommendations.
Prior to Transport for London selling Shepherd’s Bush Market in February 2014 to the developer known as Orion Shepherd’s Bush Market Ltd., it had been hoped that the tired infrastructure of Shepherd’s Bush Market could be improved, bringing assistance and benefit to the market businesses. Transport for London was the landlord of Shepherd’s Bush Market at the time, and it was suggested that Transport for London could reconsider directing its market profits into the Transport for London ‘pot’ that funded the underground and rail services, and instead delegate an annual proportion of the Shepherd’s Bush Market’s income, over the period of five years, towards the betterment of Shepherd’s Bush Market’s infrastructure.
It should be noted that Shepherd’s Bush Market, under the umbrella of a public body such as Transport for London, provided better accountability, future prospects, and a safer and more secure disposition for the market businesses. However, the Hammersmith & Fulham Council apparently acquired the regrettable idea that the private developer known as Orion Land & Leisure could purchase the Shepherd’s Bush Market’s stewardship. This was an immediate concern and the start of this tragic affair.
What had not been known at the time was that the Hammersmith & Fulham Council had already entered into undisclosed agreements with Orion Shepherd’s Bush Market Ltd. relating to the use and purchase of the neighbouring land area, east of Shepherd’s Bush Market, known as the Old Laundry Site Area, which had then and to this day, remains to be the ownership of the Hammersmith & Fulham Council.
Two undisclosed Agreements Between the Developer and the Hammersmith & Fulham Council Years Before the Sale of Shepherd’s Bush Market.
The two undisclosed agreements which had been signed by Orion Shepherd’s Bush Market Ltd. and The Mayor and Burgesses of the London Borough of Hammersmith and Fulham had been kept a secret until 2016. These were titled: the Options Agreement - 22nd December 2010 and the February 2013 CPO Indemnity Agreement.
The first undisclosed agreement was the Options Agreement - 22nd December 2010 and is believed to allow the developer - Orion Shepherd’s Bush Market to acquire the Old Laundry Site Area, which is believed to be defined as the “Property”.
The Options Agreement - 22nd December 2010 may be viewed via the Dropbox link:
https://www.dropbox.com/s/51pbq89a4kkb7jk/Options%20Agreement%20-%2022nd%20December%202010.pdf?dl=0
and
the second undisclosed agreement is the February 2013 CPO Indemnity Agreement which may be viewed via the Dropbox link:
https://www.dropbox.com/s/7o78vaibjoj2ndz/February%202013%20CPO%20Indemnity%20Agreement%20.pdf?dl=0
These two undisclosed agreements were not made available until 2016, and subsequently, it may suggest that the story of inviting the developer to acquire Shepherd’s Bush Market to bring benefit to Shepherd’s Bush Market businesses was just a story.
The Options Agreement dated 22nd December 2010, relating to Hammersmith & Fulham Council and the developer, may suggest to all that this property deal relating to the Old Laundry Site Area, has always been the main focus, however, due to the Old Laundry Site Area’s awkward location, in order to maximise the profits, land grabbing Shepherd’s Bush Market land to gain entrance and exit routes to the Old Laundry Site Area has always been essential.
The Old Laundry Site Area
The Hammersmith & Fulham Council has held for many years the freehold of the neighbouring land known as the Old Laundry Site Area. The Old Laundry Site Area borders the east side of Shepherd’s Bush Market and to the west of the Pennard Road residences. It is considered that the vacant presence of the Old Laundry Site Area, sitting next to Shepherd’s Bush Market had attracted the developers to the Shepherd’s Bush Market area.
The Hammersmith & Fulham Council’s ownership of this land known as the Old Laundry Site Area and their willingness to make the land available to the developers is considered to have invoked all this considerable trouble in the first place. If the Hammersmith & Fulham Council had prioritised its voters instead of a private developer then much upset and damage to many people’s lives may have been avoided.
Both the Options Agreement - 22nd December 2010 and the February 2013 CPO Indemnity Agreement had been kept a secret from the public until 2016.
- Might this indicate that Hammersmith & Fulham Council’s suggestion of bringing benefit to the market may have been merely a ruse?
- Was the spiel from the Hammersmith & Fulham Council, regarding the developer delivering aid to the market businesses, a Trojan House from the very start, to create sufficient doubt and opportunity for the developer to establish themselves?
- Was all the suffering that was placed onto the market businesses really only about seeking profit on the Hammersmith & Fulham Council’s own land known as the Old Laundry Site Area and to encroach on the Shepherd’s Bush Market borders and access routes?
These agreements had been hidden from the public and perhaps the public should have had the right to know all about this from the start. It seems that there is no financially sensitive information in the agreement therefore perhaps the Council chose not to tell the voters because the Council would fall out of favour. Perhaps a lesson can be learned. Perhaps the conclusion is that the public does not like being lied to.
The Council had been repeatedly asked by the Shepherd’s Bush Market Tenants Association from 2014 to 2022, not to permit any kind of merging of the borders of the Old Laundry Site Area and Shepherd’s Bush Market. It had been explained that the future of Shepherd’s Bush Market would be far better and less volatile if the market remained in its original linear arrangement without any interference or encroachment from neighbouring land areas.
Shepherd’s Bush Market has simply required repair and betterment of the market’s original infrastructure, whilst maintaining its traditional footprint and borders.
The Old Laundry Site Area and Shepherd’s Bush Market land combined is a huge land area for a potentially troublesome development. Ultimately, Shepherds Bush Market may be removed to maximise the value of the land.
Although the developers and the Hammersmith & Fulham Council may never be so bold as to propose the entire removal of Shepherd’s Bush Market in one go, it might nevertheless, be achieved in stages, by submitting one planning application to supersede the previous, providing the rights of the market business leaseholders are removed and the market footfall is gradually but persistently strangled and reduced to negligible levels.
The Hammersmith & Fulham Council’s willingness to enter into an agreement with the developer, endorsing a merger of the Old Laundry Site land Area with Shepherd’s Bush Market land merely confuses matters as it supports the developer’s ambitions to exploit the Shepherd’s Bush Market land for the purpose of financial gain which has and will continue to bring suffering to the market businesses.
Unprofessional Management
If one looks back and examines the figures relating to the Shepherd’s Bush Market footfall and the fall in tenancies, since February 2014, then it is rational to deduce that the developer - Orion Shepherd’s Bush Market Ltd. may have been deliberately reducing the market footfall through bad managerial decisions to persuade businesses to leave the market.
The developer’s management of the market over several years has not been smooth. The market businesses have had to suffer pressures and distress due to the developer’s various frustrating actions. Numerous tenants have expressed their annoyance and have been fed up with the uncertainty that the developer has brought upon Shepherds Bush Market. This uncertainty, disruption, and distress can ruin both an area and the businesses within. The developer has boldly suggested that the management of the market may change, and uncertainty will evaporate once the planning application is approved, and once their plans go ahead. However, this reasoning is illogical, for it is the developer/landlord who currently manages the market, and who has inflicted this uncertainty and upset through poor managerial decisions and prejudicial planning applications.
The developer’s planning application now seeks greater power over the tenants so the market businesses will have fewer rights and have far less influence over the management of the market and ultimately may be faced with the realisation that their market businesses will have to close, and they will be forced to depart from the market.
A Conflict Of Interest
- Might there be a conflict of interest, as the Hammersmith & Fulham Council may not be in a position to be impartial, due to the fact that they own the land known as the Old Laundry Site Area, which is essential to enabling the planning application?
- Could the established partnerships between the Council and the developer Yoo Capital relating to the Earls Court Olympia Site which also is within the boundaries of the Hammersmith & Fulham Council be a further conflict?
- Why has the Hammersmith & Fulham Council not consulted with the community as to what the Old Laundry Site Area should be used for?
- Has the Hammersmith & Fulham Council performed an impact assessment as to how the planning application reference 2023/01093/FUL and reference 2011/02930/OUT may have altered the ethnic and multicultural demographic of the Shepherd’s Bush Market Area compared to 5 years and 10 years ago?
If the Hammersmith & Fulham Council (i) refused to allow this land known as The Old Site Laundry Area to compromise both the Shepherd’s Bush Market businesses and the local residents who live on Pennard Road, (ii) refused to partner with the developers Orion Shepherd’s Bush Market Ltd. and YC Shepherd’s Bush Market Ltd. and furthermore (iii) refused to allow the boarders of the Old Laundry Site Area and Shepherds Bush Market to be murkily merged together, so to prevent any land grabbing, and finally, (iv) used the Old Laundry Site Area land for a purpose that would compliment its location between both the market and local residents, such as a park/green nature area, then it is assessed that this plight and land grabbing dilemma may be resolved.
Similar Planning Applications
As children, we learn of stories of good and evil and of light and dark, and although there is no requirement to dramatize this particular situation, it does not take an expert of Shepherd’s Bush Market like myself, to understand that this planning application is not suitable. Only yesterday, my 11-year-old niece told me that the headmistress of her school was telling all of the children of how Shepherd’s Bush Market was saved in 2016 due to the victorious Court of Appeal decision with the combined convictions of the Shepherd’s Bush community against the developer – Orion Shepherd’s Bush Market Ltd.
At the end of the headmistress’ account of the market traders’ victory, she encouraged all of the children to stand up and cheer in celebration for the market businesses that defended their livelihoods and protected the future of the market.
Shepherd’s Bush Market has provided much to many generations, and it may be considered selfish or thoughtless if an individual believes it is acceptable for Shepherd’s Bush Market to perish if they are no longer going to be working or visiting the market in the future. Shepherd’s Bush Market should be cherished and cradled, and many believe that those who can protect the market should show their gratitude and make the effort to do what they can for the next generations.
Earlier this year, the partners of Orion Shepherd’s Bush Market Ltd. known as YC Shepherd’s Bush Market Ltd. submitted a planning application reference 2023/01093/FUL that relates to Shepherd’s Bush Market and neighbouring lands. It should be noted that planning application reference 2023/01093/FUL is disturbingly similar to the previous planning application - reference 2011/02930/OUT that was submitted over a decade ago. Similarly, both applications may be considered to attempt to ‘land grab’ and encroach on the Shepherd’s Bush Market land in order to profiteer and build alternative structures other than market retail outlets.
The Hammersmith & Fulham Council is aware that the developer Orion Shepherd’s Bush Market Ltd. and now their partner YC Shepherd’s Bush Market Ltd. may have placed various difficulties on the Shepherd’s Bush Market business since 2014, therefore there is the question as to why the Hammersmith & Fulham Council has not stepped in and stopped this repression on the market community.
The Hammersmith & Fulham Council has expressed verbal support for the market tenants yet has not prevented the developer Orion Shepherd’s Bush Market Ltd. / YC Shepherd’s Bush Market Ltd. from attempting to compromise the market tenants’ rights.
MP Andy Slaughter’s ‘Latest News’
Last month, during November 2023, Andy Slaughter, MP for Shepherds Bush, published his monthly ‘Latest News’ blog and commented on the developer Yoo Capital and their planning application scheme reference 2023/01093/FUL, which seeks to build on Shepherd’s Bush Market land.
MP Andy Slaughter’s article/blog reads “….It took a number of court cases, a public inquiry and fending off Tory politicians at local, and national level to save the Market. The latest scheme will do that but means substantial development elsewhere on the site and possibly in the long run changing the character of the Market. It’s a gamble either way, but the Market needs investment”.
The Hammersmith & Fulham Council’s ‘gamble’ with the livelihoods of the market businesses has been wrong and many market businesses have already had to close down and leave the market.
This matter should not be ridiculed by suggesting it is a political battle between various Labour or Conservative constituencies. It is a dilemma where the powers that have been elected to serve the public, have failed to exercise their influence to do what is right and correct.
MP Andy Slaughter is correct when he highlights the concern of the loss of “the character of the Market”. The Character of the Market may be considered to be primarily two things:
Firstly, the character of the Market may be considered to be the ethnically diverse and multicultural long-standing retail market businesses of Shepherd’s Bush Market that are much of the character of the market.
The character of the market has been preciously preserved by and through these market businesses, yet the developer’s scheme now threatens the future affordability and the longevity of these market businesses because the developer wishes to steer away from the precedence that has already been set through the TfL Lease and consequently YC Shepherd’s Bush Market Ltd. is wrongly forbidding the tenants to maintain their current tenancy agreements.
The developer may not need to squeeze these small market businesses out from the market to build their proposed towering development across Shepherd’s Bush Market land, yet, If the developer can remove the current ‘Transport for London’ leases from the market businesses by placing the market tenants on weaker tenancy agreements, then the market businesses may be too vulnerable to protect themselves in the mid-term of the next lease, and subsequently, be unable to withstand the escalating rents and additional expenses that the developer may impose.
Astonishingly, since my retirement as Chairman of the Shepherd’s Bush Market Tenants’ Association (SBMTA) and the resignation of the majority of the members who formed the SBMTA Committee, the current SBMTA has shown what may be considered as a ‘lack of leadership’.
Instead of upholding the SBMTA’s constitution and protecting the interests of all of the SBMTA’s members, as they should, the present SBMTA committee appear to have abandoned all challenge against the developer and stopped fighting for the future affordability and longevity of the existing Shepherd’s Bush Market businesses.
There are alleged reports that the SBMTA committee has even approached both their members and non-members in an attempt to encourage the market tenants to entertain the developer’s proposals and ultimately retire from the market within the next few years when rent becomes unaffordable. This conduct from the current SBMTA committee, if true, may be considered very perplexing, to say the least.
The regeneration of the market was always supposed to be about bringing assistance and protection to the Shepherd’s Bush Market businesses. It was not supposed to be about gentrifying the area so that the long-standing market businesses would not be able to remain and be forced to leave.
Under the stewardship of Orion Shepherds Bush Market Ltd. and their partners YC Shepherds Bush Market Ltd., too many market businesses have already been lost.
Evidence indicates that despite the Hammersmith & Fulham Council’s voiced claims of support for the long-standing businesses of Shepherd’s Bush Market, very few legal safeguards have been implemented to actually protect the market businesses.
If the Hammersmith & Fulham Council is willing to approve the planning application reference 2023/01093/FUL yet not implement the required stringent safeguards to protect the existing market traders, then something may have gone adrift and be truly wrong.
Secondly, the character of the Market may be considered to be the original structure of the Market Arches that are located on the west side of the market underneath the railway viaduct.
The Parsons Brinkerhoff report of August 2013 unequivocally established that the Shepherd’s Bush Market arches are in poor condition.
The CPO Report from the Secretary of State for Communities and Local Government by the Government Inspector - Ava Wood Dip Arch MRTPI pressed the significance of these 42+ Market Arches and the importance of repairing and bettering their condition.
The Government Inspector assessed that it would be prejudicial to the market businesses that leased the arch premises if the cost of repairs fell onto the market tenants instead of being borne by the developer/landlord.
The poor condition of the market arches is frequently mentioned in Ava Wood Dip Arch MRTPI Government Inspector’s CPO Report and some examples of this are listed below:
The CPO Report to the Secretary of State for Communities and Local Government may be viewed via the link:
Page 51 – 7.1.7 of the Government Inspector’s CPO Report states:
7.1.7 “No funds are to be directed towards repairing or refurbishing the interior of the arches. The arches are iconic to Shepherds Bush Market and its key original feature. They suffer from water leaks, and lack of maintenance over a long period of time has worsened the condition. Failure to upgrade and repair the arches renders the Shepherds Bush Market incomplete. Removing the canopy to the arches would be a retrograde step. It provides protection to shoppers from the weather.”
Page 69 – 12.6.19 of the Government Inspector’s CPO Report states:
12.6.19 “The Parsons Brinkerhoff report of August 2013 provides a detailed account of the poor state of the arch units in the market. It reports on water running down walls, significant vegetation growth, health and safety issues and the extensive restorative work required to bring the brickwork to “B” condition. The arches are historically important elements of the market, forming the backbone to the trading environment. Yet neither the Shepherds Bush Market Works (identified in the s106) nor the cost breakdown provided in evidence clarifies with any certainty that the arch units would be upgraded as part of the market refurbishment. The businesses housed in the arches are likely to see a fall in trade while the market works are being undertaken and may be unable to additionally fund the repair and upgrading of their premises at the same time. The retailers could face a precarious future without financial assistance for these necessary works. [7.1.7, 7.2.2, 10.2]”
Page 70 – 12.6.21 of the Government Inspector’s CPO Report states:
12.6.21 “The impasse with traders not wishing to engage due to lack of information and the developers unable to move forward without full knowledge of individual requirements is inhibiting progress. However, binding/enforceable measures are needed to be assured that the replacement premises (stalls and shop units) would be suitable and affordable enough for traders to return to the site in sufficient numbers and maintain the market’s character. Moreover, businesses occupying the arch units must also be provided with the security that their premises would be upgraded to address the defects identified in the Parsons Brinkerhoff report and which fall within the owner’s responsibility. In the absence of clear assurances along those lines, the social and environmental well-being sought is not likely to be achieved should the Order be confirmed.”
Page 79 – 12.10.6 of the Report by the Government Inspector - Ava Wood Dip Arch MRTPI states: - 12.10.6 “All of that said, without full knowledge of the replacement accommodation in the new development, it is not possible to establish whether new trading conditions would be sufficiently affordable or suited to the needs of traders currently operating in the market. Lack of certainty regarding necessary upgrades to the arched premises also places a question mark over the long term trading and survival position of businesses occupying the arches. Equally, in the absence of measures to secure the affordability of replacement shop units, the commercial future of the Goldhawk Road shopkeepers cannot be assured. Without such certainties in place, there is some doubt in my mind whether the scheme granted permission (or any subsequent redevelopment proposal) could deliver on its promises of retaining if not all then the majority of traders and shopkeepers. They are vital to the market and to the vibrancy of the area. [7.1.7, 7.2.2, 5.4.9, 5.8.2, 10.2, 11.1.8]”
The Government Inspector’s concern regarding the condition of the Arches includes both the interior and exterior of the Arch structure. It is explained that there is an ongoing financial threat regarding the potential cost of repair that may unfairly fall onto the heads of the tenants if safeguards are not put into place. This concern is even more significant now than a few years ago. The time that has passed from the submission of the Orion Shepherd’s Bush Market Ltd. planning application - reference 2011/02930/OUT to the YC Shepherd’s Bush Market Ltd. application - reference 2023/01093/FUL has not bettered but worsened the condition of the Arches, and the Government Inspector’s concern may be considered to be more significant now than ever.
Allegedly Orion Shepherd’s Bush Market Ltd. had claimed to have spent in the region of £82,000.00 to waterproof merely one of the vacant arches in 2017. However, despite these alleged efforts, the outcome resulted in disappointment and the arch continued to leak water, compromising the intended retail area. The conclusion was that further funds had to be spent to address the matter.
It is apparently claimed that YC Shepherd’s Bush Market Ltd.’s planning application - reference 2023/01093/FUL, may put £10,000 towards the repair of each arch, yet this is assessed to be an insufficient amount, as it may in no way, comprehensively addresses the dilapidation and disrepair of the crumbling brickwork of these leaking arches, nor will it address the financial burden that may fall onto the market businesses within the arch premises.
It is understood that some of the market tenants may wish to retire in the short term, and subsequently, YC Shepherds Bush Market Ltd.’s offer for the tenants to relinquish their lease and leave the market might be a choice, but not every Shepherds Bush Market business wishes to retire in the short term. Many tenants have aspirations to continue for the decades to come. Yet YC Shepherds Bush Market Ltd.’s proposals appear evident that there will be no realistic economic option for these long-standing businesses to remain in the market.
YC Shepherds Bush Market Ltd. is not entertaining the prospect of the character of the market which includes the multicultural and ethnically diverse businesses to remain for the long term. The developer’s aspirations may be viewed as a gradual eradication of the long-standing retail businesses from Shepherd’s Bush Market.
The Shepherd’s Bush Market Service Charge Disputes
In light that there is concern that the long-standing Shepherd’s Bush Market businesses will be gradually eradicated, one might not be concerned with the issue of the Service Charge disputes that both Orion Shepherd’s Bush Market Ltd. and their partner YC Shepherd’s Bush Market Ltd. have not willingly addressed. However, perhaps this is exactly what the developers wish for all to do.
The developer/landlord’s conduct regarding the service charge accounts may be viewed as severely questionable. The market tenants have issued Service Charge Account Dispute Notices against the landlord (Orion Shepherd’s Bush Market Ltd. / YC Shepherd’s Bush Market Ltd.) relating to the Service Charge Accounts from 2014 to 2019, raising concerns of manifestation errors/alleged fraud. Amongst the various accountancy concerns and inconsistencies, there has been resistance from the developer/landlord to answer various fundamental accounting questions, such as:
- (a) how much was paid annually to the individual who held the contract for the Shepherd’s Bush Market Superintendent position, and
- (b) how much was paid annually to the individual who held the contract of the part-time deputy superintendent position?
These matters are of concern for if the landlord or their managing agent had attempted to profiteer from such service charge contracts then the matter may raise issues of proficiency and professionalism.
These Service Charge concerns for the years 2014 to 2019 remain a mystery and are considered to be a matter that Yoo Capital/YC Shepherd’s Bush Market Ltd. has consistently refused to provide accurate detailed answers to.
Furthermore, YC Shepherd’s Bush Market Ltd. has failed to present the further four years of Service Charge Accounts, for the years 2019/20, 2020/21, 2021/22, and 2022/23.
The Market Tenants’ Right to Maintain their Livelihoods for the Long Term
A fundamental understanding of human rights and history may indicate that the repercussions of this planning application are wrong. The Hammersmith & Fulham Council and the developers Orion Shepherd’s Bush Market Ltd. /Yoo Capital/YC Shepherd’s Bush Market Ltd. must reassess this planning application as it eradicates the presence of the existing long-standing retail market businesses within the imminent years.
The market tenants are anxious about losing their livelihoods and fearful of the applicant known as YC Shepherd’s Bush Market Ltd., for they are the stewards of Shepherd’s Bush Market. If YC Shepherd’s Bush Market Ltd.’s ambitions are granted, then the market tenants may feel that their time will be limited and that they will be forced to leave the market due to escalating rents and the amended tenancy agreements which may remove their current rights and their ability to maintain affordability and longevity.
Yet, if this community of small businesses do find the courage to stand up to their bully then the repercussions on them are feared to be more aggressive and abrupt. The developers are currently the stewards of Shepherd’s Bush Market and as previously witnessed, developers can retaliate and get nasty.
These market traders have worked for decades nurturing their small businesses, they have employees and families that they are responsible for. These good market people should not be put under this kind of threat.
Those tenants with ‘Transport for London’ leases have a right to maintain their terms and conditions which include their entitlement to maintain the affordability and longevity of their business premises. This right should not be placed under threat. As history has shown, many of the family-run market businesses wish to continue their legacy for the decades to come and pass on their businesses to their children.
Conclusion
It is important to understand what the developer’s ultimate ambition may truly be. It is viewed that the developer may wish to seize as much land as possible and maximise the potential profit of the land and that this may be done by eventually removing the market businesses and using Shepherd’s Bush Market land to promote and maximise the profits that can be acquired from the neighbouring land areas such as the Old Laundry Site Area.
One should not be naïve and should expect the unexpected. It is surmised that the developer may submit further planning applications that may supersede the previous. Over the coming years, the land area may be greatly manipulated to benefit the developers especially when all of the market businesses have been removed. This may be of particular concern to the residents of Shepherd’s Bush.
In conclusion, MP Andy Slaughter is right that the character of Shepherd’s Bush Market may be compromised. Subsequently, if the loss of Shepherd’s Bush Market’s character relates to the lack of investment for the original market arches and the loss of the multicultural and ethnically diverse long-standing retail market businesses, then, how can this planning application be fair or right?
The Government should step up and do the right thing, the question is who will be the first to lead and set the example, will it be the Prime Minister, the Mayor of London, the Greater London Authority, the Hammersmith & Fulham Council (with the ownership of the Old Laundry Site Area), or the politician who understands that good principles and selfless values and doing what is true and right is what must be done.
It may be considered that the objectors who attended the Hammersmith & Fulham Council Planning and Development Control Committee meeting on the evening of Tuesday 5th December 2023 showed the sort of courage and passion that it is hoped to be implemented by the politicians of England so they will now strive for accountability and to do what is the right thing to do.
Yours sincerely,
Mr James Horada
(Former Chairman of the Shepherd’s Bush Market Tenants Association)
[1] (James Horada Chairman of the Shepherd’s Bush Market Tenants’ Association from 2006 to 2022)