The Planning and Development Control Committee of Hammersmith and Fulham Council met on Tuesday 19 December 2023 to discuss the redevelopment of Shepherd's Bush Market. The committee voted to approve the planning application, subject to a legal agreement and referral to the Mayor of London.

Redevelopment of Shepherd's Bush Market

The committee discussed the planning application for the redevelopment of Shepherd's Bush Market, which includes the former old laundry yard and associated access points. The application was recommended for approval, subject to conditions and a Section 106 agreement, and referral to the Mayor of London.

Key discussions and decisions included:

• Impact on Market Traders: A significant portion of the discussion focused on the impact of the redevelopment on existing market traders. Objectors, including Jake Sims, raised concerns that the developer, Ucapital, a multi-billion-pound real estate investment firm, was primarily focused on maximising profits, potentially at the expense of traders' livelihoods. Concerns were raised about the security of tenure for new traders, rent increases, and the weakening of existing lease terms. Conversely, representatives of the Shepherd's Bush Market Traders Association, including Peter Wheeler, and traders themselves, spoke in support of the development, highlighting the need for investment to ensure the market's survival. They emphasised the positive engagement with Ucapital, the provision of a £5.5 million support package for traders, including compensation, new units, rent freezes, and new long-term leases, as well as the establishment of a Market Academy for training and support.
• Compulsory Purchase Order (CPO): The history of a previous CPO was discussed, with officers clarifying that while an inspector recommended against it, the Secretary of State confirmed it. However, the Court of Appeal later found this decision unlawful due to a lack of explanation regarding the Secretary of State's disagreement with the inspector's findings on trader safeguards. Officers noted that the safeguards now proposed by the applicant are materially different and secured through the Section 106 agreement.
• Affordable Housing: The residential component of the development was confirmed to be 100% affordable, comprising 60% London Affordable Rent and 40% intermediate housing. This equates to 24 social rent units and 16 intermediate units. It was clarified that this provision is not time-limited.
• Sunlight and Daylight: Councillor Harcourt raised concerns about the impact of the development on sunlight and daylight for surrounding residential properties, particularly on Pennard Road and Pennard Mansions. Ian Diaz, the council's appointed daylight and sunlight consultant, explained the methodology used and the consideration of alternative target criteria due to the site's context. While acknowledging that reductions in light would be noticeable, officers supported the alternative target approach.
• Carbon Emissions: Councillor Harcourt also expressed significant concern regarding the carbon emissions targets for the development. The residential building is projected to achieve a 71% reduction in CO2 emissions compared to the 2021 building regulations baseline, while the commercial building is expected to achieve a 17% reduction. The overall site reduction is estimated at 29%. Councillor Harcourt argued that these figures fall short of both the council's net zero targets and the GLA's targets. The applicant, Ucapital, pledged to make an additional £1.5 million payment to offset the deficit and achieve net zero, which the committee voted to include as an additional head of term within the Section 106 agreement.
• Arches and Water Ingress: The condition of the railway arches and the proposed financial support for their renovation was a key point of discussion. Ucapital offered a £10,000 credit per qualifying leaseholder for upgrades, including a water protection system. Concerns were raised by objectors about the adequacy of this figure, citing a previous expenditure of around £80,000 on one arch that still experienced water leakage. Officers and the applicant explained that the £10,000 is intended for a specific water management system and that the cost of full fit-outs, including mezzanine floors, could be significantly higher. The applicant stated that they would ensure a water protection system is provided to prevent water ingress.
• Consultation and Objections: The process of statutory consultation and the handling of objections were debated. Officers explained that a submission of 33 alleged objections from traders was treated as a petition due to the lack of direct individual representation. It was later clarified that 11 of these individuals had subsequently submitted representations in support of the application, and two had objected separately. The committee also discussed the applicant's pre-application community engagement, which was considered to have gone beyond the council's Statement of Community Involvement requirements.
• Toilets and Facilities: The provision of new toilets, showers, washing spaces, and kitchenettes for traders was confirmed, with 17 new toilets for public use, including wheelchair-accessible facilities and baby changing areas.
• Parking: The development is car-free, with three dedicated disabled parking spaces provided in line with London Plan policies.
• Canopies: The design of new canopies for the market was discussed, with the aim of providing uniformity, protection from the elements, and preserving the visibility of the arches.
• Gentrification and Market Character: Concerns about gentrification were addressed through obligations in the draft heads of terms to secure the continued participation of legacy traders, the establishment of a Market Academy, and the provision of smaller, more affordable retail spaces for new traders. Accessibility improvements for all market users were also highlighted.
• Highways and Traffic: The transport assessment indicated no significant increase in traffic due to the car-free nature of the development, with traffic generation primarily related to deliveries and servicing. A contribution towards station improvement works at Shepherd's Bush Overground Station was included, as sought by Transport for London (TfL).
• Sunlight and Daylight Assessment: It was clarified that the sunlight and daylight assessment focused on windows facing within 90 degrees of south, in line with BRE methodology. Properties on the west side of Lime Grove were not assessed for sunlight as their windows did not fall within this criterion, with the exception of specific properties on Gormonts Road.

The committee voted to approve the planning application by a majority of 3 for and 2 against. Recommendation two, authorising the Director of Planning and Property to make minor changes to the legal agreement and conditions, was unanimously approved.