But traders whose shops are threatened plan to fight on
Traders with premises at 30 - 52 Goldhawk Road say they will appeal to the Supreme Court after a legal challenge to the council's plans for redevelopment of Shepherd's Bush Market - which would include the demolition of their shops - was dismissed.
Sitting in the High Court on October 9, Mr Justice Keith Lindblom dismissed the Goldhawk Road shopkeepers' argument that the planning permission should not have been granted because there were shortcomings in the environmental assessment and in the supplementary planning document.
The judge decided that Hammersmith and Fulham had lawfully granted planning permission.
Afterwards, Aniza Meghani, of Classic Textiles, who has led the campaign to stop the mid-19th century terrace from being demolished, told supporters: " I have some sad news. We lost our second court case that took place during the summer.
" However, we shall be appealing to Supreme Court. We will not be defeated. Although the second JR was fighting case law, we always knew that this would be a challenge.
" So let's not lose hope, this is a small diversion, there are other routes to success. We won't stop. Thank you all for your support."
Meanwhile, there is also a separate public enquiry into the Compulsory Purchase Orders which have been served on the shopkeepers, with the result expected by the end of the year.
Hammersmith and Fulham Council says this judgment has given the green light to the regeneration scheme, which has already been granted outline planning permission.
Describing it as a "victory for common sense" Council Leader, Cllr Nicholas Botterill said: " The council hopes that all local businesses will work with the developers to take full advantage of the opportunities that the scheme provides to attract new customers to this area of Shepherds Bush.
"The offer of new premises remains firmly on the table for businesses wishing to stay in this location and I hope they will now look carefully at the benefits of participating in this scheme."
However, local MP Andy Slaughter responded: " The overwhelming opposition of residents, traders and the Goldhawk Road shopkeepers, who will see their businesses demolished, was clear during the two weeks of the recent compulsory purchase order enquiry.
" Over 200 people made formal objection to the scheme, which is about building nine stories of luxury flats at the expense of the existing occupiers of the site. Not one person other than the developer and the council supported the scheme."
Richard Olsen, Chairman of Orion, who had stated they were confident the challenge would fail, said: " Our plans are the product of years of detailed consultation and discussion and we value the strong support that we have had from so many of the traders and other local shopkeepers.
" Revitalisation of the market is long overdue and as the benefits become apparent I hope that the small number of opponents will agree to work with us to play their part in its future success."
October 11, 2013