Plans for Supported Living in Hartlepool Street Face Legal Hurdle Over Restrictive Covenant...

Park Avenue Hartlepool, (Location is Approximate)

Objectors to the proposals claim a restrictive covenant on the land prevents the change of use of the property into supported living sparking what could be a legal challenge if the council approves the plans...

21st Sep 2025

Plans to create supported living accommodation in a quiet Hartlepool street could be heading for a setback, after it's emerged evidence of a restrictive covenant may now prevent the scheme from going ahead.

The Teesside & Durham Post understands an application has been lodged with Hartlepool Borough Council by Active Care Group to convert the property known as 'Glendalough' in Park Avenue into supported living for up to six young adults with learning difficulties and complex care needs.

The provider says the project is aimed at helping 17+ year-olds – either from Hartlepool or nearby areas – move out of hospital settings and live more independent lives in the community. The scheme would see residents have their own bedrooms but share communal facilities such as the kitchen, bathroom, and living space, creating what the applicant describes as a “single household” environment.

Care would be available 24/7, with four staff members on duty during the day and three at night – all of whom the group says would be recruited locally. Six parking spaces are set to be planned on-site to accommodate staff vehicles.

In its planning statement, Active Care Group stressed the importance of the development, saying:

“Most importantly for residents it will provide a safe, inclusive and accessible environment for the residents that have been in limbo, stuck within hospital environments instead of in a residential setting that they deserve.”

A decision on the application is expected in just weeks with claims the company has also recently applied to convert a further property at 14 Elm Grove into supported living accommodation for up to five children with similar needs.

However, objections from at least two properties nearby have raised a potentially serious stumbling block, where, according to one objection, a restrictive covenant on the Park Avenue property limits its use to that of a family home only. The covenant – which reportedly dates back more than 50 years – prohibits the property from being used for trade or business, states it can only be used as a private residence, and requires the owner’s consent for any external alterations. It also stipulates that the property’s use must not cause nuisance to neighbouring homes.

If the council grants planning permission in conflict with the covenant, critics warn it could open the door to a costly legal dispute between residents, the property owner, and the care provider itself, with the case raising questions not just about the balance between meeting local care needs and protecting the character of residential streets, but also about whether Hartlepool Borough Council could be exposing itself – and taxpayers – to future legal challenges if the covenant is overlooked...