The High Court has ruled that Housing Secretary Michael Gove was wrong to reject Marks & Spencer’s redevelopment plans for its flagship Marble Arch store.
M&S operations director, Sacha Berendji, said: “Today’s judgment couldn’t be clearer, the Court has agreed with our arguments on five out of the six counts we brought forward and ruled that the Secretary of State’s decision to block the redevelopment of our Marble Arch store was unlawful. 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.”
James Souter, partner, Charles Russell Speechlys: “This case goes to the heart of an uneasy tension between the protection of heritage assets, environmental concerns and developmental potential.
“Today’s decision will be embarrassing for the Government, not least because of the public perception on the costs incurred. It could also give developers greater confidence in bringing forwards contemporary new-build schemes, even where the possibility of retrofitting existing structures is theoretically possible.
“However, this does not automatically mean that planning permission will be granted – Gove will have to redetermine the appeal and could in theory still refuse planning permission”.
Dee Corsi, chief executive at New West End Company, said: “Today’s decision is a just result for Marks & Spencer, whose proposed development is a key part of Oxford Street’s and the West End’s future growth story. We are hopeful the successful appeal will now lead to enhanced clarity in the planning system for all developers to benefit from, whether they are pursuing a retrofit or a redevelopment. We like, Marks & Spencer, are in full support of a planning system which prioritises sustainable retrofits, where they are both commercially viable and have a clear environmental pay-off over the long-term.
“This added clarity can only be positive for our city centres – from flagship retail and leisure destinations, like Oxford Street, to local high streets – and would drive growth and investment within the U.K.’s property sector.
“The landmark decision to move forward on Marks & Spencer’s flagship redevelopment plans sends a positive signal to other investors that Oxford Street and the West End is a world-leading destination to do business.”
