HISTORIC Goldhawk Road businesses are taking their fight against being demolished all the way to the High Court.
Traders have been told their shops will be torn down and relocated as part of the Shepherd's Bush Market regeneration project by Orion Shepherd's Bush Limited (OSBL).
But they refuse to admit defeat and have won the right to a judicial review against Hammersmith and Fulham Council, who have to sell the land to OSBL for the re-development to go ahead.
Shopkeepers say the council has failed to go through proper public consultation, failed to carry out sustainability appraisals and that they breached the Race Relations Act 1976.
They hope this will be enough to persuade a top judge to pull the plug on the plans.
Aniza Meghani, owner of Classic Textiles, said: "The council’s plans and the development proposal by OSBL is ill conceived and is largely driven by the development of the residential properties for profit rather than the stated aim of regenerating the market.
"Our shops on Goldhawk Road are not even part of the market. To seek to demolish our long-standing businesses for the sake of residential properties is unacceptable."
Michael Webster, partner at city law firm Webster Dixon LLP who are fighting their case, said: "The shopkeepers’ application for a judicial review clearly has merit as the judge has granted permission for their claim to proceed to a full hearing.”
Many of the shops in Goldhawk Road date back to the mid-19th Century, including A Cooke's Pie and Mash, and have traded from their current homes for decades.
OSBL recently held a second four-day public exhibition at the Old Shepherd's Bush Library, in Uxbridge Road, to display their final vision for the market with a planning application expected to be submitted next month.
It includes 200 apartments on the site, new terraced housing and wider market. But they finally ruled out redeveloping the Goldhawk Road shops.
A statement said: "We have now considered and discounted the option to refurbish the existing terrace. This would be complicated and difficult to achieve as the properties fall short of modern standards.
"Businesses on the Goldhawk Road will be able to trade in beautifully designed new shop units that will be delivered through a phased construction programme."
Hammersmith and Fulham Council say they have 35 days to respond to the court ruling.
A H&F Council spokesman said: "Shepherds Bush Market is clearly in need of a new lease of life if it is to fulfil its undoubted potential and the vast majority of people who responded to the two public consultations on the planning and regeneration brief were in favour of regenerating the market.
"Most local people agree that the market area needs a new lease of life if it is to retain its historic position as a vibrant west London destination and this was the spirit in which the planning brief was developed.
"We have just received notification that this claim from some of the Goldhawk Road shops could now progress and the matter is currently being considered by our lawyers."
OSBL were unavailable for comment about the High Court ruling at the time of going to press.