Market traders seek to take dispute over CPO to Court of Appeal

A group of traders at Shepherds Bush Market have announced plans to appeal a High Court ruling that upheld the Communities Secretary’s decision to confirm a compulsory purchase order made by Hammersmith & Fulham Council.

A planning inspector had recommended that the then Communities Secretary Eric Pickles should not have confirmed the CPO, which is intended to facilitate the regeneration of the market. However, the minister over-ruled the inspector.

The High Court in Horada & Others v Secretary of State for Communities and Local Government earlier this month dismissed the traders’ judicial review challenge.

Mr Justice Dove rejected the argument of the claimants (members of the Shepherd’s Bush Market Tenants’ Association) that 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.

Richard Stein, a partner from the Human Rights Department at Leigh Day solicitors and the traders’ solicitor, said: “Following the public inquiry into the scheme for Shepherd’s Bush Market, the Inspector came to the clear conclusion that the proposals would not protect the diversity represented by the current traders and shopkeepers and she recommended rejecting the CPO.

“Apparently without any reason at all the Secretary of State disagreed and gave it the go ahead. We consider that this decision is unlawful and we therefore do not agree with the High Court judgment which upheld this CPO.”

Stein added: “Not only is this decision unlawful, in our opinion, it is also unfair for both the market traders and the residents of Hammersmith & Fulham as well as shoppers from all over London and around the world.”