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Shepherd's Bush Market judicial review dismissed

DATE: 10 Oct 2013

The London Borough of Hammersmith and Fulham has successfully defended its decision to grant planning permission for outline planning permission for the redevelopment of Shepherd’s Bush Market and adjoining land. The proposals will provide up to 212 residential units together with over 14,000 sq m of non-residential floorspace including a new market.

In dismissing the claim, Lindblom J held that the Council was rationally able to accord no weight to its supplementary planning document relating to the redevelopment of the market. The SPD was subject to judicial review proceedings at the time that the application was considered, and ultimately it was quashed (see R. (Wakil and others) v Hammersmith and Fulham London Borough Council [2012] EWHC 1411 (QB)). His lordship also held, applying the principles in R. (Kides) v South Cambridgeshire District Council [2002] EWCA Civ 1370 and later cases, that the Council had acted lawfully in not referring the application back to its planning applications committee after the publication of the NPPF. The officer’s report had considered the draft NPPF, and there was no new material consideration arising from publication of the final form of the NPPF which could have. The Judge refused permission to apply for judicial review in respect of the final ground, which related to the adequacy of the environmental statement submitted with the application. His lordship rejected the submission that the environmental statement ought to have grappled with the effects of affordable housing which did not form part of the application but might potentially be provided through the operation of a s 106 agreement. Similarly, an argument that the environmental statement ought to have grappled with cumulative impacts arising from the Thames Tunnel, Crossrail and the proposed redevelopment of Earl’s Court was rejected.

The judgment is available here.

Russell Harris QC and Richard Turney acted for the London Borough of Hammersmith and Fulham
Rupert Warren QC acted for the Interested Party, Orion Shepherds Bush Limited.

There is an ongoing inquiry into the confirmation of a Compulsory Purchase Order for the site which will enable the development to proceed, in which David Elvin QC and Zack Simons act for the London Borough of Hammersmith and Fulham.