The High Court has granted Marks and Spencer (M&S) permission to apply for a judicial review of the government’s decision to refuse it planning permission for a new store at Marble Arch.

Announcing the news, M&S said it chose to make this application in the belief that the secretary of state wrongly interpreted and applied planning policy to justify his rejection of its scheme on grounds of heritage and environmental concerns.

M&S mounted the legal challenge after its Marble Arch store proposal was rejected in August, stating at the time that it was doing so over a “misguided agenda” against its scheme.

“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,” said M&S chief executive Stuart Manchin. “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.”

The retailer added that it would do everything necessary to secure a better future at Marble Arch for its local customers and the community.

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