Wild Flowers, Wrens Hill, Oxshott

appeal 6007869·Elmbridge·3 September 2026allowed
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.

PolicyFindingWeightNote
L2(1)(d)(ii)passcode 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)accordadequate daylight/sunlight and outdoor space for future occupiers (DL 12)
HO7benefit0.9-year supply (appellant figure); "pressing need for housing of all sizes" (DL 22); weight not stated

Key facts

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.