Marks & Spencer wins High Court challenge over Marble Arch redevelopment

Marks & Spencer has won its High Court challenge over the blocking of its Marble Arch flagship redevelopment, which would include the demolition and rebuild of the site. 

The judge agreed with the retailer that Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, had "misinterpreted and wrongly applied planning policy", branding his decision to block the scheme as "unlawful".

Sacha Berendji, Operations Director at Marks & Spencer, said: "Today’s judgment couldn’t be clearer, the Hight Court has agreed with our arguments on five out of the six counts we brought forward and ruled that the Secretary of State’s decision to block the redevelopment of our Marble Arch store was unlawful.

"The result has been a long, unnecessary and costly delay to the only retail-led regeneration on Oxford Street which would deliver one of London’s greenest buildings, create thousands of new jobs and rejuvenate the capital’s premier shopping district.

"The Secretary of State now has the power to unlock the wide-ranging benefits of this significant investment and send a clear message to UK and global business that the Government supports sustainable growth and the regeneration of our towns and cities."

Marks & Spencer was previously given permission to demolish the building and replace it with a new, modern store alongside office and leisure facilities. However, the decision was overturned by Gove on heritage and environmental grounds last year.

There had been objections to the plans to demolish the Art Deco facade from heritage groups and environmental campaigners, with Gove saying the plans risked compromising other nearby landmarks, such as the Selfridges store built in the early 1900s.

However, Selfridges had previously spoken out in support of Marks & Spencer's plans, saying it would likely drive footfall to the Marble Arch end of London's Oxford Street.

M&S CEO Stuart Machin responded furiously to the decision, saying the existing building was riddled with asbestos and retro-fitting a modern store into the old facade was not feasible.

At the time, he described the decision as "unfathomable" and suggested the retailer might walk away from the site altogether.

The High Court then granted the retailer a right to appeal Gove's decision towards the end of last year, with the court proceedings taking place this month and the decision now finalised today.