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How the M&S Saga Ends

We posted in April 2024 about the saga of the Marks and Spencer plans to rebuild their Marble Arch flagship store flagship store “The Marks and Spencer Marble Arch Saga”.  In brief, Marks and Spencer applied to demolish Orchard House and two adjoining buildings and build a modern replacement in 2021.  Important factors in the decision-making process were heritage losses and impacts and environmental factors.  The then Secretary of State, Michael Gove, called in the application for his own determination.  Against the planning Inspector’s recommendation he refused planning permission in 2023. 

That decision was challenged by Marks and Spencer.  The High Court quashed the Secretary of State’s decision in March 2024, finding that he had misinterpreted the NPPF and erred in law; failed to give adequate explanation for his disagreement with the Inspector on alternative schemes for the site; or for concluding that harm, should be scheme not proceed, be limited; and to have been “thoroughly confused” regarding the carbon issue.

Where are we now?  The end of last year saw a happy ending for Marks and Spencer.  The new Secretary of State and Deputy Prime Minister, Angela Rayner, granted planning permission.

The process has confirmed that the NPPF does not impose a presumption in favour of reuse of existing buildings.  Only a week after the Secretary of State granted permission the NPPF was updated.  There is now a requirement for the planning system to contribute to the transition to net zero by 2050 and to “take full account of all climate impacts including overheating, water scarcity, storm and flood risks and coastal change”.  However, the wording relating to conversion of existing buildings remains the same. 

If you'd like assistance in relation to the issues raised please do contact Janine Shaw at jshaw@ortolan.com


Posted on 05/01/2025 by Ortolan

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