M&S launches legal challenge against Marble Arch decision

M&S has launched a legal challenge to Michael Gove’s decision to block it from demolishing its flagship store in Marble Arch today (Thursday 31 August).

The legal challenge from the high street chain comes after the Housing Secretary ruled last month that the retailer’s demolition plans of the unlisted 1929 Orchard House and two other buildings at the western-end of Oxford Street were “laughable and utterly pathetic”. 

In their place, M&S wanted to build a new 10-storey development. While this plan was initially approved by Westminster council and a planning inspector, the development was heavily criticised by conservation groups. 

The retailer has maintained that should the building be allowed to go ahead, it would be in the top 1% of London’s buildings in terms of sustainability and would pay back the carbon lost by demolition within 11 years.

However, Gove questioned the reliability of the retailer’s calculations, concluding a rebuild would emit “far more” carbon than a refurbishment until the UK’s energy grid achieved net zero, a benchmark which is not set to be hit before 2035.

Sacha Berendji, operations director at M&S, said: “Today we have launched a legal challenge against the government’s decision to reject our Marble Arch store proposal.

“We have done this because we believe the Secretary of State wrongly interpreted and applied planning policy, to justify his rejection of our scheme on grounds of heritage and environmental concerns.”

He added: “It is hugely disappointing that after two years of support and approvals at every stage, we have been forced to take legal action to overcome a misguided agenda against our scheme, and we will be challenging this to the fullest extent possible.”