Embodied carbon and the M&S Oxford Street decision

The focus on embodied carbon which has flowed from climate emergency and net zero policies turns our attention to the re-use of buildings. Whole life-cycle carbon assessment is becoming increasingly more important.

Marks and Spencer’s planning application to demolish their Marble Arch store and replace it with a 10-storey retail office block has been rejected by the Secretary of State for Levelling Up, Michael Gove.

The Communities Secretary launched a public inquiry into Marks and Spencer’s proposals after the plans had been approved by Westminster Council and the Greater London Authority and the Planning Inspector recommended approving the application focusing on viability and benefits to employment and the regeneration of Oxford Street.

The Secretary of State disregarded the Inspector’s decision. Instead, he determined that the heritage harm and the carbon impact in demolishing and constructing the new building outweighed approving the planning application.

Whilst the Secretary of State has stated that his decision should not be used as a precedent, developers who are considering regeneration projects or homeowners who are planning to demolish existing buildings must (unless permitted development rights apply) demonstrate they have considered embodied carbon through a retrofit first approach. The same can be said for landlords that are considering replacing existing fit-outs in their commercial buildings; they may want to consider green dilapidations (you can read more about green dilapidations here.