M&S in legal showdown over Oxford St revamp after Gove blocks demolition of flagship store

Marks & Spencer has launched legal action against the Government over a decision to block a demolition of its flagship store on Oxford Street.

The announcement was the latest instalment in a bitter row between M&S chief Stuart Machin and Levelling Up Secretary Michael Gove. 

Sacha Berendji, operations director at M&S 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.’

In July Gove denied the retailer permission to raze the 1929 art deco building near Marble Arch and build a much larger 10-storey retail and office block.

M&S’s plan had support from local authorities, neighbouring businesses and inspectors. 

The Government’s stance is that benefits from rejuvenating the store are offset by potential damage to the area’s heritage.

Gove disagreed with an expert’s view that demolition of the site was ‘the only realistic option’. 

He also said it was ‘a commercial decision’ for M&S whether or not it wanted to abandon the store, responding to threats from the retailer to shut up shop.

Last month Machin labelled the decision ‘utterly pathetic’. He accused Gove of taking ‘an anti-business approach, choking off growth and denying Oxford Street hundreds of thousands of new quality jobs’.

He said the retailer was ‘left with no choice but to review its future position on Oxford Street on the whim of one man,’ after almost a century at Marble Arch. 

Although M&S insisted that there was ‘asbestos throughout’ the building and that it was a maze for staff, there has been a passionate backlash from heritage campaigners.

Some of Britain’s leading architects, including London Eye designer Julia Barfield and Grand Designs TV presenter Kevin McCloud, opposed the plan. 

Sparks fly: M&S chief executive Stuart Machin, left, and Levelling Up Secretary Michael Gove, right

Critics wanted to protect the building’s architectural grandeur and urged M&S to retrofit it instead of razing it.

M&S has been defended by local business groups and neighbours, including the luxury department store Selfridges which said Gove’s decision was ‘a highly disappointing outcome’.

It comes as businesses are battling a scourge of tacky candy shops in the area while big names such as Topshop have shut.

Hopes that an Ikea store would open this autumn were dashed when the furniture seller said it had been forced to push back its plans to next year.

Dee Corsi, chief executive of New West End Company, which represents hundreds of businesses, said: ‘The Government’s decision to refuse Marks & Spencer’s redevelopment was a missed opportunity to accelerate the growth of the West End and capitalise on the positive momentum that the district is experiencing.

‘The proposed redevelopment of the Marble Arch store should absolutely be part of Oxford Street’s future growth and we are supportive of Marks & Spencer’s launch of an appeal this week.’