|Goldhawk Road Traders Celebrate High Court Victory|
And say: "It is our intention to continue with our fight to retain our shops"
Goldhawk Road shopkeepers have been celebrating following a High Court ruling to overturn a decision of the London Borough of Hammersmith and Fulham to adopt a Supplementary Development Plan (SDP) for the regeneration of the Shepherd’s Bush Market in West London.
Following the court decision, the traders have released this statement:
" The 13 successful claimants are freehold or leasehold owners of various trading premisesbetween 30-52 Goldhawk Road which is a terrace of shops, cafes and restaurants fronting onto the Goldhawk Road in Shepherd’s Bush.
" Although the Goldhawk Road shops were not part of the market they were set to be demolished as part of the regeneration of the area which included the building of over 200 flats by the property developer, Orion.
" Mr JusticeWilkie quashed the decision of the Council to adopt the SDP on the grounds of:
(i) That its decision was procedurally flawed in that it failed to follow the properprocedure for adopting a Development Planning Document (DPD).
(ii) It is procedurally flawed in that adopting a document that was a DPD failed toconduct a sustainability assessment.
(iii) Whether or not the document was a DPD or an SPD the decision to adopt it on 27 October 2010 was procedurally flawed because it failed to apply its mind to whether an environmental assessment was required before adopting it, pursuant to the 2004 Environmental Assessment Regulations.
The High Court decision now leaves the Council’s regeneration policy in disarray as their Core Strategy document for regeneration, published in October 2011, specifically maks reference to implementing the now defunct SDP policy.
In addition, despite warnings from the shopkeepers and other interested parties the Council has granted outline planning permission for the redevelopment of the market and surrounding areas including the Goldhawk Road Shops, notwithstanding the ongoing Court case.
Claimant Aniza Meghani, owner of Classic Textiles Limited says: " Our victory is a vindication of our objections to the Council's plans to incorporate our shops into a redevelopment that is disproportionate, ill conceived and that has not been subject to proper public scrutiny.
" The High Court has ruled decisively in our favour that the Council has acted unlawfully in trying to push through their plans without the proper scrutiny required for a development that would undoubtedly be of significant chance to the area and involve the demolition of our shops.
"The Council has a reputation for not listening to the people that it serves and clearly had its own agenda in seeking to avoid full public scrutiny of its redevelopment plans."
May 29, 2012