Handing down a long-awaited decision this morning, High Court justice Timothy Mould upheld the decision by former communities secretary Michael Gove to allow the 25-storey development on the Thames.Mould said Gove, in making his much-delayed decision to approve the scheme in February, could rule in favour of the development despite taking the view that it would not deliver an attractive development of the very prominent and sensitive site.Gove said in his decision that, although he had reservations about the scale and massing of the north building, he agreed with the planning inspectors conclusion that it was an appropriate response to the site, following the planning inquiry held in late 2023.AdvertisementThe former secretary of state also acknowledged concerns about the developments impact on designated heritage assets, including Denys Lasduns Grade II*-listed National Theatre and Grade II-listed IBM Building, and questioned whether the Make scheme would provide a positive contribution to the townscape of the South Bank.But he concluded that the public benefits, such as employment opportunities, improved public realm and the creation of affordable creative workspace, outweighed the harm to the surroundings.However, the Save Our South Bank Action Group (SOS), a coalition of local opponents of the 72 Upper Ground project for Mitsubishi Estate, had argued that former communities secretary was wrong to approve the 25-storey scheme.Michael Ball from Save Our South Bank told the AJ that campaigners were now considering their options following the ruling against them, adding: This judgement is a huge disappointment for anyone who loves the river and South Bank.It supports Michael Goves wayward approval of a building about which he had great misgivings and acknowledged would harm a string of buildings of national prominence. The decision reveals planning protections are flawed and have failed.AdvertisementCampaigners had earlier argued that Goves decision was legally flawed and contradicted his recent announcements regarding housing priorities and reducing carbon, given the demolition associated with the Make scheme and the Local Plans emphasis on housing and mixed-use development at the former ITV Studios, instead of the proposed office-led development.High Court justice Beverly Lang, in granting the judicial review in May, said SOSB had raised arguable grounds that warranted 'consideration at a full hearing. A final decision had been expected in November ahead of todays decision.The High Court ruling comes after Gove set up the possible call-in in April 2022, during his first stint as head of the Department for Levelling Up, Housing & Communities. Greg Clark, who served in the post between July and September 2022, officially called in the scheme over heritage concerns before Goves return to the department.Lambeth Council approved the scheme in March 2022, despite receiving more than 260 objections and opposition from figures including Kate Hoey, the former MP for Vauxhall, and the areas current MP, Florence Eshalomi. Source:Cityscape Digital View along Queen's Walk at National TheatreGroups such as The Twentieth Century Society and statutory consultee Historic England had concluded that the project would harm nearby listed buildings while dominating the riverfront.London mayor Sadiq Khan declined to intervene in the project, delegating the planning decision to deputy mayor Jules Pipe. Greater London Authority officers had praised the design quality of the Make scheme and said it had been designed to be sympathetic to its historic neighbours.The inquiry was held between 6 December 2022 and 25 January 2023, with Goves decision originally due in August 2023 but repeatedly delayed, eventually until February this year.Make previously told the AJ that its transformational plans for 72 Upper Ground would be a fantastic addition to the character of the South Bank' which was sensitive to the surrounding Modernist architecture.The practice has not yet commented on the High Court decision.Shinichi Kagitomi, chief executive of project backer Mitsubishi Estate London and Stephen Black, director at CORE, said in a joint statement: We welcome Justice Moulds judgement. At every stage of the planning process, our transformational plans for 72 Upper Ground have had the backing of senior politicians and independent experts including Lambeth Council and its planning officers, the GLA, DLUHC and the planning inspector.They added: We are looking forward to delivering an outstanding building that makes a significant positive contribution to the South Bank.The Department for Housing, Communities and Local Government said: We acknowledge the judgment and the planning permission for this application has been upheld. It would be inappropriate to comment further at this stage.