- Decision
- dismissed, 16 September 2026
- Decided by
- Planning Inspector: F Harrison
- Authority
- Middlesbrough (North East)
- Appeal reference
- 6011052
- Application reference
- 26/0033/COU
- Procedure
- written representations
- Development
- Retrospective change of use from 2-bed flat to 5-bed HMO
- Site context
- inside settlement, conservation area
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- DP3, Middlesbrough CS DC1
- Development plan policies
- Middlesbrough Core Strategy 2008 DC1, CS5, emerging Publication Local Plan 2025 HO7, HO8, HO9 (limited weight)
- Main issues
- living conditions; parking
Summary
A retrospective five-bed student HMO in Middlesbrough was dismissed for poor internal living conditions: a cramped shared kitchen and no outdoor space. Parking was acceptable (DL ¶12, ¶16).
What made the difference
The inspector used DP3's liveability requirement for "features that promote social interaction" to fill a gap in local policy, which had no explicit communal-space standard (DL ¶6). Licensing standards did not carry over to planning (DL ¶10).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DP3 | fail | cramped shared kitchen and no amenity space; "Framework Policy DP3 requires proposals to employ features that promote social interaction" (DL 6, 12) | |
| TR6 | pass | student occupiers in an accessible location; no unacceptable parking impact (DL 15-16) |
Key facts
- No re-consultation: "no material changes in policy emphasis" (DL 3)
- HMO licensing standards given limited weight for planning purposes (DL 10)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.