Shepherds Bush Market Tenants Associations Concerns Regarding Orions Planning Application (ref.

2011/02930/OUT) 1st November 2011 Compensation The expected time for the completion of the entire development is of great concern to the market traders. Orion is failing to implement any guarantees or promises of compensation if: a) Trade diminishes below a reasonable level due to the disturbance that regeneration will cause. b) There is a delay in the completion of the development. c) Relocation of the individual businesses results in loss of trade. Orion speaks of some compensation to help businesses relocate; however the level of compensation is neither clear nor explicit. All tenants should be eligible for compensation due to the disturbance that may occur during the construction of this development. There should be no exception and it should not matter whether tenants are protected under the 1954 Landlord And Tenant Act or whether they have a long or short lease length. Rents a) Orion has proposed to fix rents for only 3 years from the time that regeneration work commences. Orion are saying that this will apply only to those tenants who are renewing their leases in the next 3 three years. This offer is an unfair proposal because all businesses in the market will suffer disturbance and potential loss of trade during the entire time that Shepherds Bush Market is being regenerated and that may take far longer than 3 years to complete. The fact that Orions offer will only apply to some of the tenants and not all tenants is not acceptable. All rents should be frozen from the time of commencement of the redevelopment until the whole of the development is completed. b) Orion intends to increase rents in 3 years time (2015) by the RPI (Rental Price Index), which could translate to a 3.5 % to 5% increase per annum. This level of rental increase for our businesses in this poor business climate is unrealistic and is unacceptable.

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Service Charges After deliberation in the courts during 2001/2 a service charge was introduced to all tenants in Shepherds Bush Market. There were various provisos put upon the introduction of this service charge. Orion must honour the original service charge agreement and should not restructure the service charge agreement in their favour to the detriment of the market traders. a) The Service Charge must remain capped therefore honoring the 6% increase ruling. b) The management fees must be fixed at 5% per annum and no greater. (There is question as to whether there should be a management fee at all as it rewards the management when they spend more rather than less money on the various contracts, which acts as a conflict of interests) c) Any parties exerting a cost to service charges must pay a fair proportion to the service charges. For example the residents of Orions residential apartments will be accessing the apartments via Shepherds Bush Market and subsequently will be reaping the benefits of the facilities that the market service charge pays for. Therefore it would be expected for a fair proportion of the residents service charges to be contributed towards the markets service charge expenditure. This principle also applies to those parties using Theatre Square, and to casual market pitches operating in the market. Tendering of service contracts The tendering of the service charge contracts must be done in a fair and open manner ensuring that the best value for money on every individual contract is obtained. Transport for London has been reluctant to exercise this requirement on several occasions and subsequently has not given the market tenants the best value for money. VAT For unclear reasons Transport for London do not claim the VAT back on the service charge contracts. This consequently wastes thousands of pounds every year and it would be expected for Orion to address issues such as this. User Clauses In the 1990s Transport for London suffered a large proportion of vacancies in the market due to impractical rent increases. Faced with these vacancies, Transport for London compromised many of the remaining businesses by changing the user clauses of the vacant properties to those similar to existing businesses already in the market. These actions not only compromised the individual businesses but also the whole of the market and have also lead to the increasingly poor footfall currently being experienced. Transport for London have learned from this mistake and now take the correct attitude that new businesses being introduced into the market must not compromise existing market businesses and should add to the diversity of the Market. It is vital that Orion adopts the same practice and ensures that any amendments to the leases or the Page 2 of 6

introduction of new leases or new business do not compromise or damage existing market businesses. Market Breadth It is essential that the market be of a sufficient breadth so to ensure that there is enough space for Shepherds Bush Market to operate successfully and efficiently. The SBMTA have reached agreement with Orion stipulating a minimum breadth along the full length of the market. In recent years the breadth of the market in certain parts has become restrictive and congested, consequently the visual permeability for various businesses has been limiting. Customers have suffered being jostled or knocked compromising the quality of their experience in the market and the market road has been limiting for vehicles. The minimum breadth of the market from arch front to shop front will be 11.2 metres. Orions proposal of new glass frontages for all arches will be recessed 300 mm. The area from the arch brick uprights to the stall areas will be a minimum clearance of 3000 mm (known as the market path) The breadth of the stall area will be 3000 mm The market road will be a minimum clearance of 3900 mm The area from the east side of the market road to the fronts of the shops will be 100mm Market Stalls Orion has failed to discuss the design of the Market stalls with the traders. Orion are indicating in their planning application that all the stalls will be removed and replaced with new structures that will be different and will change the dynamics of the market stalls completely. It would be unacceptable and irresponsible for Hammersmith & Fulham Council to grant planning permission to Orion at this stage, until the future design of the market stalls are discussed, considered and agreed upon. a) The stallholders are concerned about where Orion will relocate their businesses during and after the development. b) The Stallholders are concerned about the guarantees and compensation if the relocation of their stalls leads to the ruin of their businesses. c) The Stallholders are concerned that Orion will not issue them a structure, that is equal to their present stalls and are frightened about being forced to accept something that is neither the equivalent nor as efficient as their present structure. Orion must understand that the present design of the stalls allows for the traders to open and close their stalls quickly and efficiently six days a week. Any new structure that Orion proposes will need to embrace the same dynamics as the stallholders presently enjoy. Orion must respect that many of the recently built stall structures have cost the tenants several thousand pounds to erect and that those tenants do not wish to lose their investment. Page 3 of 6

Market Canopy For over half a century the businesses of Shepherds Bush Market have reaped the benefits of a market canopy covering the full length of the market. This has meant that customers have enjoyed visiting and shopping in the market despite poor weather conditions. The market canopy being attached to the viaduct and branching across the market path over to the stalls has reduced the risk of the market path being susceptible to poor weather conditions such as ice and snow so preventing customers, especially the young and elderly, from slipping and injuring themselves. The Canopy a) Acts as a windbreaker easing the very grueling weather conditions for those traders who must work outside in the cold winter months and protects the traders giving shade from the suns rays in the summer. b) Protects goods from sweating, sun fading, and ripening in the sun as well as becoming wet, sodden and damaged in poor weather conditions. There is no doubt that the canopy is a valuable asset to the market and to its footfall. Orions wish to remove the canopy and lose the benefits that the traders reap from it would be exceedingly detrimental to market trade. Orion are proposing for there to be no gates to the market and are keen for it to be a popular walkthrough. A canopy over the market path will promote window shopping and will be even more favorable to many market businesses. The SBMTA believe that the regeneration to the market should provide better cover and better protection to all the market businesses and to our visitors. The shops on the south east side of the market will have cover from the overhanging floor of the residential apartments. Some of the shops on the north east side of the market may not have cover from the apartments above, therefore these shops should have awnings or blinds. The market canopy must give full cover to the stalls, the market path and the fronts of the arches. The SBMTA have proposed 3 options to Orion for the market path canopy: 1. Retain its current position being attached to the viaduct. 2. For it to be raised in height, still being attached to the viaduct, stretching across the market path and giving protection to the stalls whilst revealing the structure of the arches.

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3. The same as option 2 but with the canopy not being attached to the viaduct but being centimeters away from the viaduct whilst being supported by uprights that are rooted in line with the stalls. Orion has proposed a Swan Canopy whereby the stalls open up in the day and provide canopy cover. However this will mean that stalls that are closed at any given time will directly affect other surrounding businesses due to no canopy being available. It is essential that the benefits of the market canopy are present throughout the day and the night. It is frustrating that Orion have chosen not to hold any consultation regarding the market canopy and have avoided proposing even one of the three options listed above in their planning application. Arches The arches suffer from water leaking from the railway track and through the brickwork of the viaduct into the arch retail areas. Orion has stated that the east side of the viaduct will be refurbished with renewed pointing and flushing and this will address some of the issues regarding water leakage into the arches. However the pointing and flushing on both the east and the west side of the viaduct requires attention. Transport for London has chosen to ignore the pressing issue of water leaking into the interiors of the arches and neighbouring buildings due to the poor condition of the viaduct brickwork. Subsequently it is unreasonable for leaseholders to be expected to be solely responsible for the upkeep and maintenance of the interior of the retail arch spaces. Orion is proposing for all arches to have recessed glass frontages however they have been vague in regards to the additional work that surrounds this. Orion has a responsibility to ensure that this work is carried out to the highest specification without any additional cost to the tenants. The installation of the glass frontages must be tailored to the requirements of the various individual businesses. Certain business may have preference regarding the size of their window displays, porches, and door entrances. Orion is also proposing to remove the fascia so signage will also need to be replaced by Orion. If Orion is proposing to remove the gills or front shutters that secure the arch businesses then Orion will need to provide equivalent security measures. It is essential that Orion guarantees and repairs any damages incurred to the internal area of the arches when carrying out their proposals. Freehold properties As Orion is aware, there are several tenants who own freehold property on the northeast side of the Market. Orions intentions regarding these properties have been unclear and vague and subsequently the freeholders are keen to understand the prospects for their freeholds. Orion have mentioned that easement may be granted to these freeholds and that there is no intention to CPO these properties. Page 5 of 6

The Crook Orion has proposed to name the middle of the market The Crook. This is an inappropriate name for any retail area especially as many of our visitors first language may not be English and therefore will misunderstand the intended meaning. We understand that it is Orions intention to name it after a shepherds Crook. Nevertheless by naming the area The Crook this could too easily be misconstrued as a criminal or thief and could potentially harm trade in the market. The SBMTA wish Orion to reconsider this name to either The Shepherds Crook or The Hook. If a name cannot be agreed then there is little reason why a name needs to be given at all. Parking The market tenants have expressed repetitive concerns regarding improved parking for customers. It is frustrating that the regeneration development does not address this issue. Leases Orion could potentially be the new landlord of Shepherds Bush Market within weeks. Therefore it is reasonable to assume that Orion has drafted the terms of a new lease. The SBMTA asks Orion for a copy of their proposed lease terms. Orion The SBMTA is concerned with Orions lack of information and vagueness regarding the whole of this development and although this outline planning application does not require specific details like the planning application that may follow, the SBMTA see no reason as to why communication and the flow of information has not been more forthcoming to all of the traders. The traders of Shepherds Bush Market are concerned for their livelihoods during and after the construction of Orions market development. The traders are looking for honest and realistic assurances that their businesses will be protected and supported from the difficulties that may occur due to Orions proposals. It is hoped that the Hammersmith & Fulham Council understand that the businesses of Shepherds Bush Market are struggling with rents, service charges, business rates and additional overheads and hope that the Council will do their upmost to protect us through these challenging years to come. SBMTA (Shepherds Bush Market Tenants Association)

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