33 Western Avenue, Thorpe, Egham

appeal 6010772·Runnymede·22 September 2026dismissed
Decision
dismissed, 22 September 2026
Decided by
Planning Inspector: G Ellis
Authority
Runnymede (South East)
Appeal reference
6010772
Application reference
RU.25/1146
Procedure
written representations
Development
Subdivision of bungalow into 2 semi-detached dwellings with roof, front and side extensions and dropped kerb
Homes
2
Site context
inside settlement
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
N2
Development plan policies
Runnymede 2030 Local Plan SD7, EE9, EE11
Main issues
biodiversity net gain

Summary

Bungalow-into-two scheme dismissed solely because the statutory BNG condition was not capable of being discharged. All the claimed gain sat in private gardens, and "BNG gains cannot be legally secured in private gardens" (DL ¶9). The Framework changes "do not affect the merits of this case" (DL ¶2).

What made the difference

The August 2026 DEFRA metric guide requires garden planting to be recorded as vegetated garden, and a 30-year maintenance obligation in private gardens "could not be effectively monitored and enforced" (DL ¶¶10–11). There was no fallback to off-site units or credits. "failure to comply is a fundamental flaw" (DL ¶14).

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
N2failstatutory BNG (Sch 7A TCPA) — all gain in private gardens; DEFRA metric guide (Aug 2026) says garden gains cannot be legally secured; 30-year maintenance unenforceable; condition not capable of discharge (DL 5-14); Framework not relied on

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.