# Windsor, 22 Kirk Road, Walpole St Andrew

- **Decision:** allowed, 28 August 2026
- **Decided by:** Planning Inspector: John Morrison (APO L Clark)
- **Authority:** King's Lynn and West Norfolk (East of England)
- **Appeal reference:** 6009279
- **Application reference:** 25/01494/F
- **Procedure:** written-representations
- **Development:** Self-build detached dwelling in side garden of existing house
- **Homes:** 1
- **Site context:** inside-settlement, flood-zone-3
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** KLWN LP LP21, KLWN LP LP18
- **Development plan policies:** King's Lynn and West Norfolk Local Plan 2025 LP02, LP18, LP21, LP31
- **Main issues:** neighbour privacy, character and appearance
- **Tags:** tier-2, self-build, garden-infill, appeal-planning-officer, bng-small-site-exemption-0-2ha, transitional-no-consultation

## Summary
A self-build dwelling in a side garden in Walpole St Andrew was allowed on the recommendation of an appeal planning officer. There was no harmful overlooking, and the street's eclectic character absorbed the loss of the corner garden. The letter records that BNG amendment regulations in force from 6 August 2026 removed the self-build exemption but introduced a 0.2 ha small-site exemption, which this 0.0308 ha site met (DL ¶4).

## What made the difference
The separation distances and intervening features protected privacy. The Inspector held that the Council's 21 m window-to-window standard is a matter of judgement "in each case", not a blanket rule (DL ¶15). A point to note for other cases: the new 0.2 ha BNG small-site exemption.

## Policy findings
- **P3: pass.** no harmful overlooking of No 20 or The Old School; 21 m separation rule not a blanket rule (DL 9-11, 15), decided under LP21
- **DP3: pass.** eclectic street; loss of hedged corner garden not harmful (DL 12-14)
- **BNG (Sch 7A TCPA): not-engaged.** 2026 BNG amendment regs (in force 6 Aug 2026) removed self-build exemption but added 0.2 ha small-site exemption; site 0.0308 ha (DL 4)

## Key facts
- Site 0.0308 ha in a flood-risk area; FRA mitigation conditioned
- Self-build s106 submitted but not determinative

## Sources
- https://appeal-planning-decision.service.gov.uk/published-document/5909516e-7373-434d-a6ab-3276539f8580
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009279

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009279.html

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