Marks & Spencer is taking legal action over the government’s decision to reject its plans for the redevelopment of its flagship Marble Arch store.
The retailer wants to demolish the art deco building and replace it with a modern, energy-efficient, mixed-use building combining retail and office space.
Although the plan was approved by Westminster City Council, housing minister Michael Gove intervened and rejected the planning application in July.
The decision highlights the sustainability arguments around redevelopment versus refurbishment.
In a statement posted on the retailer’s website today, operations director Sacha Berendji said the company had started legal action.
“Today we have launched a legal challenge against the government’s decision to reject our Marble Arch store proposal,” the statement said. “We have done this because we believe the secretary of state wrongly interpreted and applied planning policy to justify his rejection of our scheme on grounds of heritage and environmental concerns.
“It is hugely disappointing that after two years of support and approvals at every stage, we have been forced to take legal action to overcome a misguided agenda against our scheme, and we will be challenging this to the fullest extent possible.”
Alistair Watson, UK head of planning and environment at law firm Taylor Wessing, said the challenge was not unexpected and the retailer was right to challenge the government’s decision in the courts.
“We have all seen the reasoned reactions to the secretary of state’s decision,” he said. “M&S and the real estate industry have relayed their views, and a lot of the real estate industry considers that government got this wrong.
“Government chose to overlook the worth of evidence from recognised experts, including M&S’s leading sustainability experts, the very significant benefits of development and investment, and an inspector’s positive recommendation. Its planning decision has serious implications for everyone and it can be viewed as being illogical and unreasonable. On that basis, the decision needs and deserves to be challenged,” he said.
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