Justine Ayto, Construction Partner at Mishcon de Reya, comments on M&S winning a legal challenge against the UK government over their Oxford Street store.
A Judge has ruled that a decision by the levelling up secretary to halt a plan to redevelop the Marks & Spencer store on London's Oxford Street is unlawful.
Whilst the original decision made it abundantly clear that it is important to consider retrofitting as part of any development project, this successful challenge demonstrates a judicial interpretation of national planning policy that supports a retrofit first not retrofit only philosophy.
Whilst the original decision made it abundantly clear that it is important to consider retrofitting as part of any development project, this successful challenge demonstrates a judicial interpretation of national planning policy that supports a retrofit first not retrofit only philosophy.
The challenge also results in a position that is more consistent with the DLUHC's recent decision on the former ITV studios site.
Retrofit will not always be the answer, and there can be demonstrable benefits to rebuilding. This is especially true when considering the impact a new building can have on the wider community, which M&S have very clearly outlined.
