Marks & Spencer has won a legal victory as it seeks to replace its Marble Arch flagship with a new store and development.

The High Court has approved Marks & Spencer’s application for a judicial review of Michael Gove’s decision to refuse planning permission for the redevelopment, which had prompted controversy on heritage and environmental grounds.

M&S asked for a judicial review because bosses believe that Gove, who is secretary of state for levelling up, housing and communities, wrongly interpreted and applied planning policy to justify scrapping the scheme.

M&S chief executive Stuart Machin said: “We are pleased that the court has recognised the merits of our legal challenge on every one of the six counts that we raised and approved our case to proceed to the next stage.

“We have been clear from the very start that the refurbishment of the existing store was not possible, so this is only the first step in the lengthy process of overturning the government’s senseless decision to reject our Marble Arch proposal – the only retail-led regeneration on Oxford Street.

“With our investment and the amazing plans we have to transform the site into a modern, sustainable building, it remains bewildering that we are again having to go through this after two years of support and approvals. But we will do everything necessary to secure a better future at Marble Arch for our local customers, colleagues and community.”