Gove refused plans in August for M&S to demolish and rebuild the store after campaigners said the building should be refurbished because of the amount of embedded carbon it contains.

Plans for a new ten-storey steel and glass office complex on the site have previously been approved by Westminster City Council the GLA and planning inspector David Nicholson.

M&S CEO, 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 and community.”