Why the Shepherd Bush Market DPD quashed?

Sadly not clear from the planning resource piece what the reasons are for the DPD being overturned

From the Golhawk Road Traders Press Release:

  1. That its decision was procedurally flawed in that it failed to follow the proper procedure for adopting a Development Planning Document (DPD).
  2. It is procedurally flawed in that adopting a document that was a DPD failed to conduct a sustainability assessment.
  3. Whether or not the document was a DPD or an SPD the decision to adopt it on 27 October 2010 was procedurally flawed because it failed to apply its mind to whether an environmental assessment was required before adopting it, pursuant to the 2004 Environmental Assessment Regulations.

Michael Webster, a Partner in the firm of Webster Dixon representing the Claimants states “the decision of Mr Justice Wilkie is a damning indictment of the Council’s planning practices and procedures; even one of the grounds would have been enough to quash the decision however the Judge found in our favour on three grounds. Despite several warnings the Council continued to plough on with their unlawful policy of the regeneration of the market. In our view the purpose of the regeneration was not the market itself but the development of 200 flats for which the developer Orion stands to make millions of pounds. The Council has in reality used the SPD procedure to prepare a policy which ought properly to have been subjected to a more detailed examination and public scrutiny, circumventing the more time consuming and expensive procedures attached to DPDs and its adoption is as a consequence, unlawful. The Council should now reconsider its position to ensure that it complies with its lawful obligations to allow proper public scrutiny and consultation of its regeneration policies.”

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