M&S is set to begin its High Court challenge over the refusal of its Marble Arch flagship redevelopment tomorrow (Tuesday).
The retailer’s operations director Sacha Berendji has accused communities secretary Michael Gove of misinterpreting and incorrectly applying the planning policy in his previous decision to reject its plans on heritage and environmental grounds.
M&S chief executive Stuart Machin criticized Gove’s decision as “utterly pathetic” and a “shortsighted act of self-sabotage” last year, stating that the ruling meant he must now reassess the future of its Marble Arch store.
M&S argued that the increased energy efficiency from the new building would offset the carbon emissions from a rebuild.
Berendji said: “We will present our case for why the secretary of state’s decision to block our proposed redevelopment of our Marble Arch site – which disregarded advice from the independent planning inspector and support from Westminster city council, the London mayor and Greater London Authority – misinterpreted and incorrectly applied planning policy, with all six issues we raised approved by the Court to proceed to this hearing.
“When our proposal to bring one of London’s most sustainable and energy-efficient buildings into the heart of the West End is rejected and other projects with lower sustainability benefits are moving forward, it makes it difficult for developers to interpret planning policy, hindering investment and prompting many to ask ‘why bother’, which is a setback for the economy and the transition to net zero.”
M&S had previously received approval for the redevelopment from Westminster council in 2021.
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