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Justine Ayto, Legal Director, Real Estate

Justine Ayto quoted on the overturning of M&S demolition ruling

Posted on 5 March 2024

Construction Partner Justine Ayto commented for Construction Management on M&S winning their High Court appeal against the Government in relation to the demolition of their flagship store in London's Marble Arch.

Secretary of State Michael Gove had stopped plans to knock down and rebuild the art deco building over concerns the benefits of the project would not outweigh the negative heritage and environmental impact. The High Court has subsequently ruled that the decision to block the redevelopment of the store was unlawful.

Justine commented "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.

"It also results in a position that is more consistent with the Department for Levelling Up, Housing and Communities’ 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 has very clearly outlined.”

Read her full comments here.

Justine also commented for Facilities Management Magazine. Read the full piece here.

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