M&S kicks off legal challenge over Marble Arch flagship

M&S will today begin its High Court challenge over the blocking of its Marble Arch flagship redevelopment.

The upmarket grocer is challenging communities secretary Michael Gove’s rejection of its proposal to redevelop the store, claiming he “misinterpreted” and wrongly applied planning policy.

M&S operations director Sacha Berendji said: “We will set out our case for why the secretary of state’s decision to block our proposed redevelopment of our Marble Arch site – which ignored advice from the independent planning inspector and support from Westminster city council, the London mayor and Greater London Authority – misinterpreted and wrongly applied planning policy, with every one of the six counts we raised approved by the Court to proceed to this hearing.

“When our proposal to bring one of London’s most sustainable and energy efficient buildings into the heart of the West End is rejected and other schemes with lower sustainability benefits are going ahead, it makes it impossible for developers to interpret planning policy, freezing investment and leading many to ask ‘why bother’, which is a disaster for the economy and the transition to net zero.”


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When Gove stepped in to overturn planning approval last year on heritage and environmental reasons, M&S chief executive Stuart Machin termed the decision “utterly pathetic” and a “shortsighted act of self-sabotage”.

The plans would have seen the demolishment of three buildings currently occupied by M&S, including a 1929 Art Deco Orchard House, to make way for the construction of a 10-storey replacement store and offices.

Members of Save Britain’s Heritage, campaigners against M&S’ decision to demolish the buildings, are expected to be at the court today and Wednesday to support Gove.

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