Blackpool - Council refuses HMO bid for Regent Road home

The bid, relating to 62 Regent Road, sought a certificate of lawful development to establish that the building was legally being used as a four‑person HMO.

The applicant claimed the change of use took place on August 10 2022, before the council’s borough‑wide Article 4 direction came into force in October 2022. That direction restricts the conversion of family homes into HMOs without planning permission.

62 REGENT ROAD, BLACKPOOL, FY1 4NB (Image: Blackpool Council)

Documents submitted to the council said the two‑storey mid‑terrace, with a rear extension, has operated as a four‑bedroom HMO since August 2022, with four bedrooms, shared kitchen and dining facilities, a communal lounge and shared bathroom and shower rooms.

The owner applied for a lawful development certificate rather than planning permission, which requires the council to decide only whether the use is already lawful, not whether it is acceptable in planning terms.

Evidence included statements from neighbours at 64 and 66 Regent Road, who said the house appeared to be occupied by a single individual between 2013 and 2018.

A statement from Hunters Estate Agents confirming it was marketed and sold in 2021 as a single private dwelling, council tax and electoral register records showing one registered occupier before it became vacant, and tenancy agreements confirming four occupiers since August 2022.

The applicant argued this showed the property had reverted to a lawful Class C3 dwelling before changing to HMO use under Class C4.

62 REGENT ROAD, BLACKPOOL, FY1 4NB (Image: Blackpool Council)

In a detailed report, planners said they accepted that only one person had lived at the address for several years, but that this did not in itself prove the whole building was used as a single dwelling.

Inspections and historic records indicated the property remained laid out as multiple flats well into 2021, with several kitchens and bathrooms still in place.

Officers concluded the lone occupier was most likely living in one part of the building, with other areas unused, rather than the entire premises functioning as a conventional dwelling house.

The report said continued occupation of one unit within a former holiday or flat layout was materially different from use as a single dwelling, and therefore the property did not benefit from permitted development rights to change to HMO use before the Article 4 direction took effect.

A decision notice issued in April confirmed the certificate had been refused on the basis that the applicant had failed to demonstrate lawful use of the building as a dwelling house immediately before its conversion, and that the HMO use has not existed for long enough to become lawful through the passage of time.

As things stand, the council considers the HMO use at 62 Regent Road to be unlawful unless planning permission is obtained.

The applicant has the right to appeal to the Planning Inspectorate and, if no appeal is lodged, the refusal could ultimately lead to planning enforcement action being considered.