Planning appeals in Merton

Prior approval: where the refusals sit

The council granted 22 large-extension prior approvals and refused 80 in its latest return. Against a householder record this generous, that is a strikingly different picture, and it tells us that officers read neighbour comments on deep extensions closely.

If you were refused, the appeal is on narrow grounds. We examine whether the objection concerned a single window, a boundary condition or the depth as a whole. A reduced scheme submitted as a householder application often gets a fair hearing because the borough's general record is favourable.

Basements and the character study

Merton's Basement and subterranean SPD governs excavation, and its Borough Character Study SPD describes how different parts of the borough are meant to look. Different parts of the borough have different characters, so an inspector will expect your drawings to show that you understood the actual street.

Where the refusal cites character, we draw the frontage with neighbours' extensions and mark which were permitted and when. For basements we coordinate with an engineer so the section, the statement and the structural method agree.

Small sites and heritage

The borough's Small sites toolkit SPD supports modest infill, so a refused small scheme can be argued against a policy that encourages such sites if the design is right. The borough also has 28 conservation areas and 243 listed entries.

We look at the garden too: domestic gardens cover 27.2 per cent of the land, and garden loss can be a reason in infill refusals.

Non-determination: when no decision arrives

Because Merton decided only 85.2 per cent of householder cases on time, some applicants wait well beyond the statutory period with no answer. In that situation the law lets you appeal against the failure to decide, and the appeal proceeds as though the council had refused.

That route is not always wise. A late decision may still be a favourable one, and starting an appeal removes the council's chance to grant. We advise on timing: how long the delay has run, what the case officer has said, and whether the file looks close to a decision.

Where the application has stalled for a clear reason, such as an unresolved consultee comment, we may recommend a short written chaser first, with an offer of amended plans, before an appeal is lodged.

Minor applications show the same pattern as householder ones, with 82.5 per cent of 206 decisions granted. Where a refused scheme added a dwelling, the Small Sites toolkit and the character study give an appeal real policy to lean on, and we quote from them in the statement.

We draw the retained garden depth and area on the plan so the inspector can see what is left after the scheme.

Evidence for a deep rear extension

A larger home extension prior approval is judged on its impact on adjoining premises, so the appeal can be built around that: the measured depth, the height at the boundary and the effect on adjoining windows.

We produce a dimensioned plan and a section along the shared boundary, with the neighbour's extensions drawn to scale. An inspector sees the real relationship instead of a description of it.

If the extension was in fact within the limits and the council miscounted, that is a clean ground. If it was beyond them, a full application at the same depth is a different case, judged on the merits.

How we prepare the case

We write the statement, correct the drawings, add 3D views where outlook is disputed and send the bundle for a second technologist's check. Our planning drawings in Merton page covers a fresh application, and our architectural drawings in Merton page lists the rest of our work.