The curtilage of a building is a small area around it. An assessment of whether a separate structure was within the curtilage which did not consider the distance between the various buildings must be incorrect in that it had omitted an essential consideration. A stable block lying some distance from a listed building should only be deemed to be within the curtilage with care. The intention was to affect only a small area about the building. This mistake amounted to an error of law.
Citations:
Times 25-May-1999, Gazette 31-Mar-1999, [1999] EWHC Admin 250
Statutes:
Planning (Listed Buildings and Conservation Areas) Act 1990 65
Citing:
Applied – Dyer v Dorset County Council CA 1988
The court discussed what was meant by the curtilage of the appellant’s house: ‘Thus the sole issue is whether Mr Dyer’s house is or is not within the curtilage of another building or, by the application of section 6 of the Interpretation Act 1978, . .
Cited – Attorney-General ex relater Sutcliffe and Others v Calderdale Borough Council CA 1982
The court discussed whether a terrace of cottages was within the curtilage of an old factory which was a listed building. At first instance, Skinner J had held that they were, and that permission could not be granted for their demolition. The . .
Cited by:
Appeal From – Secretary of State for Environment, Transport and Regions and Another v Skerritts of Nottingham Ltd CA 25-Feb-2000
The meaning of ‘curtilage’ whilst not strictly a term of art had caused considerable difficulties. There was nothing inherent in the concept to imply any limitation that the area should be small. In this case the curtilage of a manor house could . .
Lists of cited by and citing cases may be incomplete.
Planning, Land, Planning
Updated: 11 May 2022; Ref: scu.139514