Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW

Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW — London Borough of Enfield — Appeal Decision Site visit made on 12 June 2024 by A Hunter LLB (Hons) PG Dip MA MRTPI an Inspector appointed by the Secretary of State Decision date: 03 July 2024 Appeal Ref: APP/Q5300/W/24/3337579 Police Station, 25 Chase Side, Southgate, Enfield N14 5BW • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by C/O UPP Architects and Town Planners against the decision of the Council of the London Borough of Enfield. • The application Ref is 23/01773/PMA. • The development proposed is the conversion of first, second and third floors to create 17 self-contained residential units. Decision 1. The appeal is dismissed. Preliminary Matters 2. The Planning Practice Guidance states that permitted development rights are a national grant of planning permission, which allow certain building works and changes of use to be carried out without having to make a planning application. Permitted development rights are subject to conditions and limitations to control impacts and to protect local amenity.

Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW — London Borough of Enfield — Appeal Decision This is effectively a 2-stage process, it is necessary in the first instance to determine whether or not the proposal is permitted development. Main Issue 3. The main issue is whether the proposal would be permitted development under Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (GPDO). Reasons 4. The appeal site is part of a four-storey building that faces onto Chase Side, it was previously used by the Metropolitan Police as a police station. 5. Schedule 2, Part 3, Class MA of the GPDO permits a change of use of a building and any land within its curtilage from a use falling within Class E (commercial, business and service) to a use falling within Class C3 (dwellinghouses).

Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW — London Borough of Enfield — Appeal Decision In order to satisfy Class MA, paragraph MA.1 (1) (b) requires the building to have been in Class E use for a continuous 2 year period prior to the application, or, if prior to 1st September 2020, to fall into one or more of the following uses; Class A1 (shops); Class A2 (financial and professional services); Class A3 (food and drink); Class B1 (business); Class D1(a) (non-residential institutions – medical or health services); Class D1(b) (non-residential institutions – crèche, https://www.gov.uk/planning-inspectorate

Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW — London Borough of Enfield — Appeal Decision In order to satisfy Class MA, paragraph MA.1 (1) (b) requires the building to have been in Class E use for a continuous 2 year period prior to the application, or, if prior to 1st September 2020, to fall into one or more of the following uses; Class A1 (shops); Class A2 (financial and professional services); Class A3 (food and drink); Class B1 (business); Class D1(a) (non-residential institutions – medical or health services); Class D1(b) (non-residential institutions – crèche, https://www.gov.uk/planning-inspectorate

Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW — London Borough of Enfield — Appeal Decision Appeal Decision APP/Q5300/W/24/3337579 day nursery or day centre); or Class D2(e) (assembly and leisure – indoor and outdoor sports), other than use as an indoor swimming pool or skating rink. 6. There is no apparent dispute between the parties that the building in question was used as a police station until 2013 when its public facing counter was closed1, and that use would be outside of the defined uses within The Town and Country Planning (Use Classes) Order 1987 (as amended). As such a police station use is a sui generis use, and not part of a use within Class E or any of the uses specified in the paragraph above. The dispute between the parties relates to whether the building’s use changed to an office (Class E and Use Class B1 before 1st September 2020) following the closure of the front counter. The appellant asserts that the building has been used for offices and that it was divided into separate spaces for commercial office use after being sold with vacant possession in 2021 to the appellant. There are no details of any planning permission being granted for any change of use of the building. 7.

Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW — London Borough of Enfield — Appeal Decision The front counter is only part of the collective operations that can take place at a police station, which can also include holding cells, custody suite, evidence storage, and interview rooms. The appellant has provided images from Google Streetview showing an operational front counter door on the building facing onto Chase Side in September 2012, and images of the same front door closed on June 2014, October 2015, June 2017, and September 2021. Although these images show at the times they were taken, that the front counter door of the building was closed apart from in 2012, they do not show the use within the building itself. It is also noted the Council state that they hold information which indicates most of the building was vacated by the police in 2014, although a copy of the document has not been provided. Moreover, there is no evidence from the Metropolitan Police of how it used the building after the front counter closed, including how much of it was offices. Taking the evidence provided together, it is not certain that an office use occurred within the whole building following the closure of the public counter. 8.

Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW — London Borough of Enfield — Appeal Decision The appellant’s statement indicates that the building has mainly been vacant since they purchased it, which was consistent with my observations made on my site inspection, which does not indicate it has a current operational office use. Moreover, as there is less than 10 years between the closure of the public counter (16/9/2013) and the sale of the building by the Metropolitan Police (said to have occurred in 2021), there is doubt as to whether all the building was used continuously as offices for a period of 10 years to justify such a change being immune from enforcement action, as suggested by the appellant. A lawful development certificate would ultimately be required to demonstrate this. 9. I have been referred to extracts of an appeal decision2 by the appellant, which is said to relate to a prior approval under Class MA for a former police station elsewhere in London, that was said to be dismissed. I have not been provided with a full copy of that decision, the information submitted about it is very limited, so I am not aware of the precise details of that case, including the evidence of use provided.

Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW — London Borough of Enfield — Appeal Decision Nevertheless, it appears that the Inspector in that case found that it could be possible for an office use to be undertaken in part of a police station, separate to a public counter use, which could give rise to a 1 The appellant’s Freedom of Information request to the Metropolitan Police stated that the front counter closed to the public on 16/9/2013. 2 Ref.no: APP/Y5420/W/17/3166428 at no. 287 High Road, London, N22 8H. https://www.gov.uk/planning-inspectorate 2

Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW — London Borough of Enfield — Appeal Decision Nevertheless, it appears that the Inspector in that case found that it could be possible for an office use to be undertaken in part of a police station, separate to a public counter use, which could give rise to a 1 The appellant’s Freedom of Information request to the Metropolitan Police stated that the front counter closed to the public on 16/9/2013. 2 Ref.no: APP/Y5420/W/17/3166428 at no. 287 High Road, London, N22 8H. https://www.gov.uk/planning-inspectorate 2

Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW — London Borough of Enfield — Appeal Decision Appeal Decision APP/Q5300/W/24/3337579 mixed use of part office/ part sui generis. Although it is noted that this would not give the whole building an office use to satisfy the requirements of Class MA. On this appeal, there is insufficient evidence to show the whole building has been used as offices continuously for a period of 10 years, and whether the building in this case has a mixed office/sui generis use or solely a sui generis use, it would not enable me to conclude the building has a lawful office use for the purpose of this Class MA proposal. As such, my findings above would not be inconsistent with the Inspector’s comments in that earlier appeal decision. 10. It is noted that Class MA refers to a requirement for a 2-year period of continuous use of the building from a use within Class E, or one of the uses specified above before 1st September 2020. However, for the reasons set out above, based on the information provided, I am not certain that any of these specified uses lawfully occurred within the whole building in question, to enable the 2-year continuous use requirement to be met in this case. 11.

Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW — London Borough of Enfield — Appeal Decision Consequently, I conclude that the proposal is not permitted development and does not comply with paragraph MA.1 (1) (b) Class MA of the GPDO. Conclusion 12. For the reasons given above, the appeal is dismissed.

Metropolitan Southgate Police Station, 25 Chase Side, Enfield, Southgate, London , N14 5BW — London Borough of Enfield — A Hunter INSPECTOR https://www.gov.uk/planning-inspectorate 3