HMO Plans for a Town Centre Property Stopped by Council...

Elwick Rd Hartlepool, where the 6 bed HMO plans were refused

HMO Plan for a Hartlepool Property fails After Hartlepool Borough Council Rejects Application...

24th December 2025

Hartlepool Borough Council has this week formally refused an application seeking to convert a Town Centre property in Elwick Road, Hartlepool from a single-family dwelling into a six-bedroom House in Multiple Occupation (HMO) marking sole relief for locals..... at least for now !

The application, which the Teesside & Durham Post exclusively published back in November this year related to an application for a Lawful Development Certificate under Section 192 of the Town and Country Planning Act 1990, submitted by Mr J Graham, which aimed to establish that the proposed change of use would be lawful without the need for full planning permission being made to the local council.

The application (under reference H/2025/0365) did not seek planning permission in the usual sense. Instead, it asked Hartlepool Borough Council to certify that changing the property’s use from a single dwelling to a six-bed HMO would be lawful as a matter of fact and law.

A Lawful Development Certificate is typically used where an applicant believes planning permission for a development is not required, often relying on permitted development rights or existing lawful use, which is common for most smaller HMO applications seen around Hartlepool.

However, In a decision notice dated 23 December 2025 which has been seen by the Teesside & Durham Post, Hartlepool Borough Council refused to issue the certificate, stating the applicant has not provided sufficient evidence to demonstrate that the proposed development would be lawful.

As a result, the council concluded that the certificate “could not reasonably be granted” 

Importantly, the refusal notice does not assess whether a six-bed HMO would be acceptable in planning terms. Instead, it means the applicant failed to prove—on the balance of probability—that the proposed use would be lawful without further consent.

What It Means

The refusal makes clear that if the property were to be converted into a six-bedroom HMO without planning permission, it could be subject to enforcement action under Section 171 of the Town and Country Planning Act 1990, with the council effectively closing the door on any suggestion that the change of use can happen “by default” or without scrutiny. However the applicant does retain a right of appeal to the Secretary of State, via the Planning Inspectorate, under Section 195 of the Act. However, the scope of such an appeal is said to be limited to reviewing whether the council’s decision was soundly based on the evidence presented, with the council itself noting that an appeal would fail if the Inspector is satisfied that Hartlepool Borough Council’s reasoning was well founded.

HMOs currently remain a contentious issue in many parts of Hartlepool, particularly in areas already experiencing high concentrations of private rented accommodation.

While this decision is narrowly framed around evidence and lawfulness, it again highlights the council’s insistence that developers and landlords must meet strict evidential and procedural standards before intensifying residential use.

Whether the applicant now submits a full planning application—or abandons the proposal altogether—remains to be seen, but what's clear is that, for now, the property must remain a family home.