Court rules that Gove’s decision on Marks and Spencer planning permission was ‘unlawful’

The High Court has ruled a majority in favour of Marks and Spencer’s judicial review over a rejected planning permission for its flagship building on Oxford Street.

The retail giant took the Secretary of State for levelling up, Michael Gove MP, to court over his decision to refuse planning permission for the construction of its flagship building on Oxford Street.

The retail giant sought planning permission to demolish its flagship store at 456-472 Oxford Street in order to construct a new 10-storey mixed-use building comprising retail, café, restaurant, offices and a gym.

Westminster City Council granted Marks and Spencer’s application back in 2021 and the Mayor of London confirmed that he would not seek to dismiss that application.

However, the following year, the Secretary of State for Levelling Up was called in to review the application after it was flagged by a campaign by charity SAVE Britain’s Heritage.

There was a public inquiry held between October to November 2022 by senior architect and heritage-qualified inspector David Nicholson. He sent his 109-page report to the Gove on 1 February 2023, recommending approval of the scheme.

However, a few months later, Gove published his anticipated decision, ruling against Marks and Spencer’s planning application.

At a hearing in February, a judge heard arguments from Mark and Spencer’s barrister against Gove’s decision across six grounds.

Today, Mrs Justice Lieven detailed her ruling under the grounds separately, in which she found in favour of grounds one, two, three and four and five. However, she did dismiss its ground six on heritage impacts.

For its legal lineup, the retail chain had Russell Harris KC and Heather Sargent Landmark Chambers instructed by Dentons.

The Government instructed Paul Shadarevian KC, Clare Parry and Jack Barber of Cornerstone Barrister. While the charity SAVE Britain’s Heritage had Matthew Fraser of Landmark Chamber instructed by Gunnercooke.

Commenting on the decision, Marks and Spencer’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,” she added.

A spokesperson for the Department for Levelling Up, Housing and Communities said: “We acknowledge the judgement and are considering our next steps. It would be inappropriate to comment further at this stage.”