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M&S secures legal challenge over blocked Marble Arch revamp

Getty Images M&S storeGetty Images
M&S wants to demolish and rebuild its Oxford Street store, which dates back to 1929

The High Court has approved a judicial review of a decision to block the redevelopment of Marks & Spencers' flagship store in central London.

In July, the government halted plans to replace the Marble Arch building with a new shop and large office block.

The retailer's chief Stuart Machin wrote on social media the court had "recognised the merits of our legal challenge" to the decision.

The government said it was unable to comment.

Westminster City Council originally approved M&S' plans to tear down the Art Deco building and replace it with a modernised shop featuring a new café, offices and a gym in 2021. 

But the decision was met with resistance from campaigners which prompted Communities Secretary Michael Gove to launch an inquiry and eventually block the proposals.

Marks and Spencer CGI of the proposed new storeMarks and Spencer
The retailer says the new store is vital to revamping Oxford Street

Writing on social media, Mr Machin said: "Every single one of the six counts we raised has been recognised, which means our case has been approved to proceed to the next stage of judicial review.

"We have been clear from the very start that refurbishment of the existing store is not possible, so this is only the first step in the lengthy process of overturning the government's senseless decision to reject our Marble Arch proposal."

A spokesperson for the Department for Levelling Up, Housing and Communities said they were unable to comment on the legal challenge, according to the Local Democracy Reporting Service.

Conservation charity SAVE Britain's Heritage said it would continue to oppose the plans. 

"The court has granted permission for the claim to proceed to a two-day hearing. In doing so, the court has accepted that the claim is 'arguable'. SAVE will continue to defend the claim," its statement read.

Westminster City Council said it would not comment at this stage.

The appeal will now go before a planning court for a two-day hearing early next year.

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