|H & F Plans to Serve Goldhawk Road Traders with Compulsory Purchase Order|
But shopkeepers wil continue to fight council in the High Court
Hammersmith and Fulham Council is taking steps to serve traders in shops at 30 - 52 Goldhawk Road with a compulsory purchase order, or CPO - despite a High Court ruling overturning the council's development plans.
The council says that the proposed regeneration of Shepherd's Bush Market is being obstructed by the unwillingness of the Goldhawk Road traders to leave their properties.
A spokesman says: "
This scheme will bring huge improvements to Shepherd's Bush and will increase retail expenditure by more than £3m a year. The council and developer will continue to negotiate with the Goldhawk Road businesses and CPO powers will only be used as a last resort."
In February this year, the council granted Orion Shepherds Bush – a joint venture between Development Securities and Orion Land and Leisure - outline planning permission to redevelop the market and build 212 new homes on land owned mainly by Transport for London and H&F Council.
However in May, shopkeepers at 30 - 52 Goldhawk Road were celebrating a victory with 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 market.
Mr Justice Wilkie ruled that the Council's decision to adopt the planning document was "procedurally flawed" because the Council failed to follow procedure, failed to conduct a sustainability assessment and did not consider whether an environmental assessment was required.
However, the Council dismiss this ruling, saying that the permission for the market's regeneration was judged against the Council's adopted core strategy for the area, and not against the quashed SPD, so the grant of planning permission remains valid.
The Council will now seek confirmation from Secretary of State Eric Pickles that it can use CPO powers to acquire the shops in Goldhawk Road.
Meanwhile the traders, who the council says would be given new shops in the redeveloped market, will return to the High Court in January and say they are confident the scheme will be thrown out and their premises - a historic terrace built in the mid-19th century - saved from demolition.
October 19, 2012l