The High Court has approved M&S’ application to take legal action against Michael Gove’s rejection of proposals to redevelop its Marble Arch store.

The retailer’s plans would see the Art Deco building on London’s Oxford Street demolished in a bid to redevelop the “aged and labyrinthian site”, as described by CEO Stuart Machin.

However, Gove rejected the plans in July over concerns that public benefits would not outweigh the harm to nearby landmarks and conservation areas.

They were also blocked as a result of the scheme’s carbon footprint and its failure to reuse existing sources, such as converting the current buildings.

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However, the High Court granted permission for Judicial Review of the government’s decision today (20 November).

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.”

He explained that M&S had been clear from the outset that “refurbishment of the existing store was not possible,” adding that “this is only the first step in a lengthy process of overturning the government’s senseless decision to reject our Marble Arch proposal.”

“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, colleagues and community.”