Market traders lose challenge over confirmation of compulsory purchase order

Market traders have failed in a High Court challenge to the Communities Secretary’s decision to confirm a compulsory purchase order made by Hammersmith & Fulham Council to facilitate the regeneration of Shepherds Bush market.

The judicial review challenge in Horada & others v Secretary of State for Communities and Local Government was heard by Mr Justice Dove on 28 July.

A planning inspector had recommended that the then Communities Secretary Eric Pickles should not have confirmed the CPO. However, the minister over-ruled the inspector.

According to Landmark Chambers, Mr Justice Dove rejected the argument of the claimants (members of the Shepherd’s Bush Market Tenants’ Association) that, in doing so, the Secretary of State had erred in law in concluding (contrary to the Inspector) that sufficient safeguards were in place to ensure that the regenerated market would continue to contain a diverse range of independent retailers.

On its Facebook page, the tenants' association said: "CPO judgment for Shepherd's Bush Market is not in our favour and our appeal has been sadly unsuccessful. 

"Further information regarding this judgment may follow in the coming weeks."

Charles Banner of Landmark appeared for the Secretary of State, instructed by the Government Legal Department. Richard Drabble QC, from the same set, appeared for Orion Shepherds Bush, the developer of the scheme which the CPO will facilitate, instructed by Wragge Lawrence Graham LLP. David Elvin QC and Zack Simons of Landmark previously promoted the CPO on behalf of the London Borough of Hammersmith & Fulham and Orion at the public inquiry before the inspector.