Appeal 3311124
Public case and site metadata stored from the official casework database, including fields that were empty in the source release.
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Official decision document
The decision, section by section
4 sections
Read the development description and the Inspector’s text from the official decision PDF in source order. Source headings are retained where available. Personal and contact details are removed by an automated privacy filter; this is source material, not Rules for You analysis.
Section 01
Development description
described as ‘first floor extension over existing ground floor extension. To contain a bathroom and dressing area’.
Section 02
Decision
The appeal is dismissed.
Section 03
Main Issue
This is the effect of the appeal proposal on the living conditions of the occupiers of the neighbouring property, 55 [site address] (No 55) in respect of whether there would be a loss of sunlight and daylight and overshadowing.
Section 04
Reasons
The proposed extension would be constructed above the appeal property’s existing ground floor projection and would extend to the shared side boundary with No 55. A partially sloping roof is proposed to minimise the impact of the extension on the neighbouring property.
Alongside observations made at the site visit, I have taken into account the ‘45° angle’ test required by the Council’s ‘Design and Character Supplementary Planning Document Companion Guide: [name] (SPD). In my judgement the end of the proposed extension which extends beyond No 55’s first floor rear projection would limit the amount of daylight and sunlight reaching the neighbouring habitable rooms at ground floor level, namely through a French door near the boundary. Moreover, as the appeal property is to the south of No 55, this would result in light being restricted throughout much of the day.
Even though there is another French door to provide some light to the rear room, I conclude that the degree of loss of daylight and sunlight to the neighbouring property would be harmful. Furthermore, the overshadowing of the patio area next to the house and boundary would also harm the living conditions of the neighbouring occupiers.
Other homes in the locality have been extended significantly, some in a similar manner to the appeal proposal. However, they do not set a precedent for this proposal which has been considered on its own merits and site-specific circumstances which include the relationship to the adjoining house.
I conclude that the proposed first floor rear extension would result in a loss of light and overshadowing to a degree that would harm the living conditions of the occupiers of No 55 due to its overall height, depth and proximity to the shared boundary. The proposal therefore conflicts with the requirements of criterion ‘e’ of Policy DM2 of the Development Management Plan 2015. Among other things, this seeks to protect residential amenity in terms of providing adequate daylight and sunlight. Moreover, the scheme fails to comply with the detailed requirements of the SPD as noted above. For the same reasons it would conflict with the similar provisions of the National Planning Policy Framework.
For the reasons set out above, the appeal is dismissed.
Planning inspector and document dates
The official casework attribution is grouped under a one-way keyed hash and shown only by its local identifier. Decision-letter dates and page references are extracted by fixed first-page rules and checked against that authoritative record.
Appeal Decision
- Extracted inspector · page 1
- Inspector attribution ID 322No official casework-database value to compare
- Extracted decision date · page 1
- 7 March 2023Matches the official casework database
- Extracted site visit dates
- 13 February 2023 (page 1)
Reference and authority
Official identifiers and the planning authority recorded against this case.
- Case reference
- 3311124
- Application reference
- 2022/2212
- Lead case reference
- Not recorded
- Planning authority
- Elmbridge Borough Council
- Planning authority code
- E07000207
Casework details
The casework, procedure, development and linking details supplied by the official record.
- Casework type
- Householder (HAS)
- Procedure
- Written Representations
- Development type
- Householder developments
- Appeal type reason
- 1. Refused planning permission
- Appeal reason
- Refusal
- Type detail
- Planning Appeals - Full
- Jurisdiction
- Transferred
- Link status
- Not Linked
Site and development
Published appeal-site measurements and planning designations, without the withheld precise location fields.
- Site area
- Not recorded
- Floor space
- Not recorded
- Number of residences
- 0
- Site in Green Belt
- No
- Agricultural holding
- No
- Affects setting of a listed building
- Not recorded
- Historic building grant made
- Not recorded
- Relates to a conservation area
- Not recorded
- Flooding is an issue
- Not recorded
- Site within an AONB
- Not recorded
- Site within an SSSI
- Not recorded
Decision and dates
The published outcome and every imported case date.
- Official decision
- Dismissed
- Decision category
- Dismissed
- Received date
- 15 November 2022
- Valid date
- 15 November 2022
- Start date
- 2 December 2022
- Planning authority decision date
- 6 October 2022
- Appeal decision date
- 7 March 2023
Case administration
Published recovery, call-in, costs and enforcement information for this case.
- Redetermined
- No
- Bespoke
- No
- Date recovered
- Not recorded
- Date not recovered or derecovered
- Not recorded
- Call-in date
- Not recorded
- Costs applied for
- Not recorded
- Enforcement grounds count
- Not recorded
- Enforcement grounds
- Not recorded
Source and catalogue history
When this record appeared in the rolling official release and when the catalogue stored it.
- Source
- Planning Inspectorate casework database
- Source data system
- Horizon
- Dataset status
- Current release
- Catalogue record ID
- 29408
- First seen
- 20 August 2026 at 14:24
- Last seen
- 20 August 2026 at 16:26
- Removed from release
- Not recorded
- Record created
- 20 August 2026 at 14:24
- Record updated
- 24 August 2026 at 16:21