The building has an interesting history and formerly housed the University of London Union until it was abolished in 2013. It then became known as Student Central and operated as a Students’ Union open to students of the University of London’s constituent colleges. In 2021, following a period of closure as a result of the coronavirus pandemic, the building was taken over by Birkbeck College. The building is known in particular for its concert venue which has hosted a number of famous bands – as well as starting the careers of bands that have since become famous – and for its central London swimming pool.

Following an enforcement investigation last year as a result of complaints made on behalf of UCL Students’ Union, the London Borough of Camden decided not to take enforcement action against Birkbeck College and the University of London for an alleged change of use, without planning permission, from sui generis Student Union use to F1 educational use. That decision was challenged by way of a judicial review claim brought by the UCL Students’ Union, who were concerned that the sporting and cultural facilities should continue to operate for the benefit of UCL students and the local community. The legal challenge was unusual in the sense that it impugned the decision of the Council that no development had taken place – i.e. that there had been no material change of use – rather than any decision that taking enforcement action would not be expedient.

The Claimant challenged the decision on six grounds. All were refused permission by Mrs Justice Lang, who found that the Council had ample evidence on which it could conclude that the building was being used for educational purposes. The Council had not taken into account immaterial considerations, failed to give sufficient reasons, acted unfairly or otherwise irrationally.

Birkbeck College subsequently submitted an application to certify the lawful use of the building as F1 educational, which was granted by the Council on 26 February 2024.

Horatio Waller acted for the Claimant, Students’ Union UCL. Esther Drabkin-Reiter acted for the Defendant, the London Borough of Camden.