Marks & Spencer launches judicial review over Gove planning rejection

Marks & Spencer has launched a legal challenge over Michael Gove's called-in decision to reject the retailer’s planning application to demolish its flagship store on Oxford Street and build a modern mixed-use building on the site.

Announcing the legal challenge today (31 August), M&S's operations director, Sacha Berendji, said the firm believed 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."

The planning application would see the demolition of three buildings and the construction of a mixed-use development in their place.

Gove rejected the application in July of this year despite a planning inspector's recommendation to approve the development.

He 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.

Adam Carey