M&S wins Marble Arch legal battle

The High Court has ruled in favour of M&S’ redevelopment plans of its Marble Arch flagship branch, having called Michael Gove’s decision to block the plan “unlawful”.  

News of the outcome follows the retailer’s launched planning appeal last month. It comes after the secretary of state’s decision to reject plans that would see the Art Deco building on London’s Oxford Street demolished and replaced with a newly-built 10-storey complex.  

The High Court judge agreed with the retailer, saying that Gove had “misinterpreted and wrongly applied planning policy” by blocking its proposals. As such, he will have to make a decision again on whether to approve the plans or not.

Gove had initially refused permission of M&S’ redevelopment plans for the building because it would “fail to support the transition to a low carbon future”, adding that the public benefits of the proposal did not outweigh the harm to nearby landmarks, including the Grade II-listed Selfridges building.

Sacha Berendji, operations director at M&S, said: “The judgement couldn’t be clearer, the 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.”

He added: “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.”