Marks & Spencer has won a legal battle with the government over plans to demolish one of its flagship stores in central London.
company took legal action against the government A High Court case has been launched over an “unusual” decision to refuse planning permission to flatten and rebuild the Marble Arch store in Oxford Street.
The Government said Michael Gove had the right to make the decision, but Mrs Justice Natalie Lieven said the Level Up Secretary had “rewritten” planning policy.
The Department for Leveling Up, Housing and Communities confirmed the ruling and said it was “considering next steps”.
M&S wants Orchard House to be leveled and replaced, claiming the redevelopment is “fundamentally important” to the future of London's West End.
westminster city council Initially approved M&S's plans The current Art Deco building will be demolished and replaced in 2021 with a modern store with a new cafe, offices and gym.
But the decision was met with resistance from campaigners and Mr Gove launched an inquiry. Ultimately it will block the suggestion.
Mr Gove had said the building should be refurbished rather than demolished and that demolition would have a negative impact on nearby historic properties, including the Grade II* listed Selfridges store directly opposite.
M&S barristers told a hearing in early February that Mr Gove had “misunderstood and misapplied” national planning policy when making decisions.
Judge Lieven agreed, writing in his judgment on Friday: “In my view, it is clear that the Secretary of State has misunderstood the national planning policy framework and has therefore committed a legal error.
“The Secretary of State was relying on the meaning of the National Planning Policy Framework, which was not open to him at all.”
Following the judgement, M&S operations director Sacha Berenzi said the judgment “couldn't be more clear” that Mr Gove's decision was “unlawful”.
It added: “The result will be Oxford Street's only retail led, delivering one of London's greenest buildings, creating thousands of new jobs and reinvigorating the capital's premier shopping precinct. The rehabilitation plan has been postponed for a long time, unnecessarily and at great expense.”