56 Burlington Road, New Malden

appeal 6009988·Kingston upon Thames·29 September 2026dismissed
Decision
dismissed, 29 September 2026
Decided by
Planning Inspector: D Cleary
Authority
Kingston upon Thames (London)
Appeal reference
6009988
Application reference
25/02055/FUL
Procedure
written representations
Development
Demolition and a four-storey building with a replacement commercial unit and 7 flats
Homes
7
Site context
inside settlement, PDL
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
S4, L2(1)(d)(ii), P3
Development plan policies
Kingston Core Strategy 2012 DM10, London Plan 2021 D3, D6, T6, Residential Design SPD 2013
Main issues
neighbours' daylight; future occupiers' external space; parking

Summary

A four-storey block of seven flats over a commercial unit in New Malden, built right up to the boundary beside a neighbour's ground-floor bedroom window. The daylight loss to that window (93.7% VSC) was so severe that it substantially outweighed substantial weight to seven homes under S4. The car-free undertaking was also defective. Dismissed.

Issues and findings

Planning balance

S4(1): "the adverse effects substantially outweigh the benefits when assessed against national decision-making policies as a whole. The proposal therefore fails the test in Policy S4." (DL ¶26).

What made the difference

The loss of almost all daylight to the only bedroom of a one-bedroom flat, with no evidence that this massing was the only feasible redevelopment.

Transferable points

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)failground-floor bedroom window W15 at 52-54 Burlington Road loses 93.7% VSC and 100% NSL; sole window to the only bedroom of a one-bed flat (DL 4-12, 24)
P3failcited with L2 on acceptable daylight standards (DL 24)
HO7benefitsubstantialseven flats where no five-year supply (figure not stated) (DL 23, 25)
TR2harmmapped; car-free UU incomplete (monitoring fee undefined and unpaid), so on-street parking pressure in CPZ not controlled; London Plan T6 conflict (DL 19-22)
S4failsevere amenity harm substantially outweighs benefits (DL 23-26)

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.