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Marks and Spencer has filed a legal challenge in the High Court against Michael Gove’s decision to prevent the retailer from rebuilding its Art Deco flagship store in Marble Arch, London.
M&S claims that the communities secretary wrongly interpreted planning policy and has announced its intention to seek permission for a judicial review.
This action comes after Gove overturned Westminster council’s approval of M&S’s redevelopment plans for the site.
The proposed nine-storey development, which includes a new M&S store, restaurants, offices, and a gym, involves demolishing three existing buildings. However, the project has triggered a broader debate concerning the construction industry’s role in achieving the UK’s low-carbon future.
Gove rejected the plans, stating that they could harm protected landmarks and fail to support the country’s decarbonization goals.
M&S has warned that it might completely withdraw from Oxford Street if its redevelopment plans are blocked, a move criticized by M&S CEO Stuart Machin as “utterly pathetic.”
Expressing disappointment, Sacha Berendji, M&S’s operations director, stated, “After two years of support and approvals at every stage, it is hugely disappointing that we have been forced to take legal action to overcome a misguided agenda. We will fight this to the fullest extent possible.”
The Department for Levelling Up, Housing & Communities has not yet responded to requests for comment.
The High Court has the discretion to approve a judicial review, which could prolong the process for months.
Andrew Keith, managing director of Selfridges, described Gove’s decision as “highly disappointing” and emphasized the importance of investment in Oxford Street.
For Westminster council, the project is crucial for the revitalization of Marble Arch, an area in London’s West End known for discount sweet shops and tourist traps.
Henrietta Billings, director of SAVE Britain’s Heritage, commended Gove’s decision to reject the demolition proposal and urged his department to vigorously defend the case.
In July, the conservation group argued that M&S had not sufficiently explored alternatives to demolition.
Gary Sector, a partner at law firm Addleshaw Goddard, highlighted the industry’s keen interest in this case. He stated that developers would face increasing pressure to provide evidence-based justifications for carbon emissions throughout a building’s lifecycle.
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