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Planning appeal decision

Dismissed29 September 20266009988

56 Burlington Road, New Malden, KT3 4NU

Planning appeal 6009988 at 56 Burlington Road, New Malden, KT3 4NU (Royal Borough of Kingston Upon Thames) was dismissed on 29 September 2026, by written representations. The main issue, as the Inspector framed it: the effect of the development on the living conditions of the occupiers of neighbouring properties with particular regard to daylight.

the demolition of existing building to allow the erection of a 4 storey building to accommodate a replacement commercial unit and 7 flats

Appeal type
minor · Planning
Procedure
Written
Development
residential
Postcode
KT3 4NU

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of the occupiers of neighbouring properties with particular regard to daylight
  • the living conditions of future occupiers of the development with particular regard to external living space
  • highway safety, having regard to parking provision

What decided it

The extraordinary magnitude of daylight loss to the affected bedroom window, representing a severe and significant reduction in living conditions that substantially outweighs the benefits of delivering seven new homes in an area with an acknowledged housing shortfall.

In applying Policy S4, the Inspector gave substantial weight to the delivery of seven new homes in an area with an acknowledged housing shortfall, but found that the severe harm to residential amenity from the substantial daylight loss to the neighbouring bedroom window represented a compelling and overriding counterweight, such that the adverse effects substantially outweighed the benefits when assessed against national decision-making policies as a whole.

What the Inspector cited

Development plan policies
Policy DM10 of the Royal Borough of Kingston Upon Thames Local Development Framework Core Strategy 2012Policy D3 of the London Plan 2021Policy D6 of the London Plan 2021Policy T6 of the London Plan

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Royal Borough of Kingston Upon Thames

The authority’s record since 2016 · every decision in 2026

  1. Dismissed7 October 20266011912
    11 Kingsdowne Road, Surbiton, KT6 6JZ
  2. Dismissed25 September 20266009076
    74 - 76 Coombe Road, New Malden, KT3 4QU
  3. Allowed11 August 20266010924
    271 Malden Road, New Malden, KT3 6AH
  4. Dismissed3 August 20266007703
    Town End Pier, 68 High Street, Kingston Upon Thames, KT1 1HN
  5. Allowed27 July 20266003775
    12 Hardman Road, Kingston Upon Thames, KT2 6RH

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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