High Court to hear six grounds of challenge in Marks & Spencer Oxford Street judicial review

The High Court has agreed to hear a judicial review challenge brought by Marks & Spencer of Michael Gove's called-in decision to reject the retailer's planning application to demolish its flagship store on Oxford Street.

The retailer argues that the Secretary of State wrongly interpreted and applied planning policy to justify his rejection of the scheme on grounds of heritage and environmental concerns.

Gove rejected the development, which would see the store replaced with a modern mixed-use building, in July 2023 despite a planning inspector's recommendation to approve the development.

The Levelling Up Secretary found that the development conflicted with some development plan policies and partially conflicted with some heritage policies.

Gove also found that in terms of paragraph 152 of the National Planning Policy Framework, the proposal would, in part, fail to support the transition to a low-carbon future and would overall fail to encourage the reuse of existing resources, including the conversion of existing buildings.

M&S CEO Stuart Machin said: “We are pleased that the Court has recognised the merits of our legal challenge on every one of the six counts that we raised, and approved our case to proceed to the next stage.

"We have been clear from the very start that the refurbishment of the existing store was not possible, so this is only the first step in the lengthy process of overturning the government’s senseless decision to reject our Marble Arch proposal – the only retail-led regeneration on Oxford Street.

"With our investment and the amazing plans we have to transform the site into a modern, sustainable building it remains bewildering that we are again having to go through this after two years of support and approvals. But we will do everything necessary to secure a better future at Marble Arch for our local customers and community.”

Adam Carey