Horada v Secretary of State for Communities and Local Government [2015] EWHC 2512 (Admin)

By this claim under s.23 of the Acquisition of Land Act 1981, members of the Shepherd’s Bush Market Traders’ Association challenged the decision of the Secretary of State for Communities and Local Government to confirm a compulsory purchase order made by the London Borough of Hammersmith and Fulham to facilitate the multi-million pound regeneration of Shepherd’s Bush Market. The claim alleged that, in disagreeing with the recommendation of the Inspector who had held an inquiry into the confirmation of the compulsory purchase order, the Secretary of State had erred in law in acting irrationally and/or misdirecting himself in relation to the extent of safeguards required to ensure that the newly-regenerated market would retain a diverse range of independent traders and/or had failed to give intelligible reasons for disagreeing with the Inspector. Dove J. dismissed the claim and held that the Secretary of State’s decision had been entirely lawful. Charles Banner appeared for the Secretary of State for Communities and Local Government, instructed by the Government Legal Department. Richard Drabble QC appeared for Orion Shepherds Bush Ltd, the proposed developer of the market regeneration scheme, which was an Interested Party in the proceedings.