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The long-running saga over Marks & Spencer鈥檚 plans to redevelop its flagship Oxford Street store will kick back into gear tomorrow when the landmark case heads to the High Court.

The retailer is challenging the decision on the controversial Pilbrow & Partners-designed scheme six months after it was rejected by Michael Gove on environmental and heritage grounds following a public inquiry.

The two day hearing will see M&S go up against the communities secretary and Save Britain鈥檚 Heritage, the campaign group which put forward a crowdfunded team to lead the case against the scheme at the public inquiry in 2022. A decision is expected by the summer.

Gove鈥檚 decision to ignore his planning inspector鈥檚 recommendation for approval has become highly influential among objectors to demolish and rebuild schemes, frequently quoted by campaigners during planning consultations.

But it was robustly criticised by the boss of M&S, Stuart Machin, who called the communities secretary 鈥渦tterly pathetic鈥� for blocking the redevelopment and claimed the move had left the retailer鈥檚 future on Europe鈥檚 largest shopping street in doubt.

The proposals would have seen the demolition of three buildings currently occupied by M&S, including the 1929 Art Deco Orchard House, and the construction of a 10-storey replacement store and office block.

Sacha Berendji, M&S operations director has now argued Gove鈥檚 ruling had made it 鈥渋mpossible鈥� for developers to interpret planning policy and could be a 鈥渄isaster鈥� for the transition to net zero.

鈥淲e will set out our case for why the secretary of state鈥檚 decision to block our proposed redevelopment of our Marble Arch site 鈥� which ignored advice from the independent planning inspector and support from Westminster city council, the London mayor and Greater London Authority 鈥� misinterpreted and wrongly applied planning policy, with every one of the six counts we raised approved by the Court to proceed to this hearing,鈥� Berendji said.

鈥淲hen our proposal to bring one of London鈥檚 most sustainable and energy efficient buildings into the heart of the West End is rejected and other schemes with lower sustainability benefits are going ahead, it makes it impossible for developers to interpret planning policy, freezing investment and leading many to ask 鈥榳hy bother鈥�, which is a disaster for the economy and the transition to Net Zero.鈥�

Members of Save Britain鈥檚 Heritage are expected to be at the court on Tuesday and Wednesday to support Gove, although it is understood that only lawyers will be speaking.

The group鈥檚 director Henrietta Billings said that Gove had made the 鈥渞ight decision鈥�, adding that it was important for the campaigners to hold firm and maintain their position.

鈥淭he M&S Oxford Street case captured the public鈥檚 imagination and attracted widespread media interest,鈥� Billings said.

鈥淚t put carbon firmly at the heart of the debate and challenged the UK鈥檚 disposable attitude to buildings. 

鈥淚t was the first time a planning inquiry had sustainability and heritage as its joint focus 鈥� two fundamentally important issues that go hand in hand and are mutually re-enforcing.鈥�

The case had hinged on whether a full rebuild or a refurbishment of the existing store would be more sustainable, with the retailer arguing the greater energy efficiency of the new building would offset the embodied carbon emitted by a rebuild.

Statements backing Save鈥檚 case at the inquiry were submitted by more than 30 people, including actor and campaigner Kristin Scott Thomas, broadcaster Griff Rhys Jones, London Eye designer Julia Barfield and author Bill Bryson. The group raised more than 拢20,000 from members of the public to fund its legal costs for the case.

Rhys Jones, who is leading a campaign against Sellar鈥檚 and Network Rail鈥檚 proposals to redevelop Liverpool Street station, has called the decision 鈥渧ery sensible and sound鈥� and 鈥渁n ecological victory鈥�. 

Michelle Ludik, an architect and specialist in adaptive reuse at global firm HOK, has said: 鈥淚t is absolutely a milestone in changing minds and turning heads about the climate impact of demolition of existing buildings and of course a victory for the importance of retaining heritage in our built environment.鈥� 

Steve Tompkins, Haworth Tompkins founder and co-founder of Architects Declare, said: 鈥淲e can鈥檛 afford to carry on demolishing decent, solid buildings when there are feasible alternatives. 

鈥淚 hope [the Secretary of State鈥檚] decision points to a wider realisation by government that our whole industry needs to prioritise low-carbon retrofitting to drive down construction emissions, particularly in this pivotal decade.鈥�

M&S, which has occupied Orchard House and two attached buildings for nearly a century, had received approval from Westminster council in 2021 for the redevelopment.

The plans were later backed by London mayor Sadiq Khan, but were called in by Gove in 2022.