- Decision
- allowed, 3 September 2026
- Decided by
- Planning Inspector: H Miles
- Authority
- Elmbridge (South East)
- Appeal reference
- 6007869
- Application reference
- 2025/3383
- Procedure
- written representations
- Development
- One detached chalet bungalow and a pair of semi-detached houses in the garden of Wild Flowers, with access and landscaping
- Homes
- 3
- Site context
- inside settlement, TPO
- Green Belt
- No
- Housing land supply
- 0.9 years
- Framework applied
- August 2026 NPPF
- Determinative policies
- L2(1)(d)(ii)
- Development plan policies
- Elmbridge Development Management Plan 2015 DM2, DM10, Elmbridge Design Code 2024
- Main issues
- living conditions of future occupiers (daylight/sunlight)
Summary
Three dwellings in a large Oxshott garden, refused on the daylight and sunlight that future occupiers would get under tall trees. Allowed. Site-specific BRE modelling, including a transparency allowance for deciduous canopy, showed the living room would just pass (50.6%) and the gardens would get adequate sun (DL ¶8-10, 12). The letter applied the 2026 Framework without re-consulting the parties (DL ¶3).
What made the difference
Technical daylight evidence that modelled the trees, which the earlier failed scheme (6002519) had lacked. The inspector preferred site-specific BRE results over the Design Code's 45-degree rule of thumb (DL ¶7). A marginal pass was enough.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| L2(1)(d)(ii) | pass | code mapped by harvester — letter cites "the Framework's requirements for acceptable living standards for residents in terms of access to daylight, sunlight, and external amenity space" (DL 12); BRE daylight 50.6% of room at 30% tree transparency (DL 8); 70% of garden gets 2h sun on 21 March (DL 10) | |
| DM2 / DM10 (Elmbridge DMP) | accord | adequate daylight/sunlight and outdoor space for future occupiers (DL 12) | |
| HO7 | benefit | 0.9-year supply (appellant figure); "pressing need for housing of all sizes" (DL 22); weight not stated |
Key facts
- Plot 1 living room passes BRE 150 lux over 50% only marginally (50.6%) once 30% transparency applied to deciduous T1/T2 (DL 8)
- Previous appeal on the site (6002519) dismissed for a different scheme; this one's evidence modelled the deciduous trees (DL 11)
- Parties not re-consulted; "policy emphasis has not changed" on living conditions (DL 3)
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.