The government has given Marks and Spencer permission to demolish and regenerate its Oxford Street store, after four years of delays caused by the previous administration.
The retail giant has been seeking to tear down the art deco building at Marble Arch to make way for a nine-storey building encompassing retail space, a cafe, a gym and an office.
Former housing secretary Michael Gove was central to blocking it from happening, but it’s now been given the green light by deputy prime minister Angela Rayner.
Alistair Watson, UK head of planning and environment at law firm Taylor Wessing, said: “To riff off one of the quotes from legendary football manager Bill Shankly – the trouble with some politicians is that they know the rules, but they do not know the game of planning. SoS Gove didn’t get it. This SoS clearly does.
“The secretary of state’s decision to agree with the inspector’s recommendation and the High Court to provide a planning permission for M&S is as straightforward as it comes. This is a major development scheme which has a variety of economic, social and environmental benefits, all of which were backed up with expert evidence in a full public inquiry. Logic and common sense have prevailed over political ideology. The planning system at its best.
“The downside is that we have had to wait this long, and in the meantime, the wider real estate development industry has had to sit patiently, and watch opportunities go by until we got some certainty from the Secretary of State on matters such as embedded carbon.”
Gove previously did all he could to block the development.
In June 2022 he stepped in to decide on the application instead of the local council, which was in support.
A year later, in July 2023, he overruled a government planning inspector’s decision by refusing planning permission for the building. Gove argued that the move would harm nearby landmarks, including the historic Selfridges department store and several nearby conservation areas.
In March 2024 M&S won the right to demolish the store after challenging Gove’s decision in the High Court. The judge said the government had misunderstood planning policies and made a number of flawed or unexplained decisions.
Claire Fallows, partner at law firm Charles Russell Speechlys, said: “With such politically charged factors at play, the decision has always been more about political messaging than it is about planning principles, ever since Gove rejected the scheme in 2023.
“A green light from Rayner is a strong political move: it seeks to frame Labour as a pro-business party willing to make controversial decisions to support retailers and rejuvenate the high street, amidst tough economic conditions for businesses.
“Heritage and environmental campaigners will no doubt protest the decision, but Labour has decided that potential harm caused by the development is clearly outweighed by public benefit, as the scheme will bring a brand-new retail hub with new office floorspace, driving regeneration in this part of Oxford Street and central London.
“This does not set a precedent for every scheme involving demolition and rebuild, as each must be considered on its facts. But this is a landmark decision indicative of a new era of decision making from the government on planning.”
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