Proposals were blocked over summer with retailer later calling communities secretary鈥檚 decision 鈥減athetic鈥�
The High Court has granted permission for Marks & Spencer to appeal Michael Gove鈥檚 decision to block the demolition and redevelopment of its flagship Oxford Street store.
The retailer will be able to pursue a judicial review of the ruling made by the communities secretary in July when he refused planning permission on heritage and environmental grounds.
鈥淲e have been clear from the very start that the refurbishment of the existing store was not possible,鈥� M&S chief executive Stuart Machin said.
鈥淭his is only the first step in the lengthy process of overturning the government鈥檚 senseless decision to reject our Marble Arch proposal 鈥� the only retail-led regeneration on Oxford Street.鈥�
The redevelopment, designed by Pilbrow & Partners, was struck down by Gove following a public inquiry.
The plans include 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.
>>See also: M&S launches legal challenge against Gove鈥檚 Oxford Street rejection
At the time, Machin described the decision as 鈥渦tterly pathetic鈥� and 鈥渉ugely disappointing鈥�.
Save Britain鈥檚 Heritage, which has led the case against M&S鈥檚 proposals, said: 鈥淭he court has accepted that the claim is 鈥榓rguable鈥�. Save will continue to defend the claim.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 had been backed by London mayor Sadiq Khan but were called in by Gove last year.
The two-day hearing will take place next year.
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