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High Court quashes Gove decision to block redevelopment of flagship Marks & Spencer store

The Secretary of State for Levelling Up's called-in decision to refuse planning permission for a new flagship Marks & Spencer store in London has been quashed by the High Court.

In Marks & Spencer v Secretary of State for Levelling Up, Housing and Communities, Mrs Justice Lieven allowed four of the six grounds advanced by the retail chain.

The Secretary of State for Levelling Up, Housing and Communities (SoS), Michael Gove, stepped in to refuse planning permission for the redevelopment of the Oxford Street store in July 2023, citing conflict with some development plan policies and partial conflict 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.

His decision to block the planning application, which will see the demolition of the current building and the construction of a brand new structure, was made despite a planning inspector's recommendation to approve the development.

Marks & Spencer advanced the following six grounds at the High Court:

  1. the SoS erred in respect of paragraph 152 of the National Planning Policy Framework when he said in the decision letter that there was a "strong presumption in favour of repurposing and reusing buildings";
  2. the SoS erred in respect of the consideration of alternatives;
  3. the SoS erred in the balance of public benefits as against the heritage impacts;
  4. the SoS's conclusion on the harm to the vitality and viability of Oxford Street, had no evidential basis;
  5. the SoS made an error of fact in respect of the embodied carbon, and misapplied policy in respect of embodied carbon;
  6. the SoS erred in his approach to analysing the impact of the proposals on the setting of Selfridges and the Stratford Place CA.

Lieven J quashed the decision on the first four grounds.

M&S Operations Director Sacha Berendji said: "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."

Adam Carey