The landowner appealed against an enforcement notice issued with respect to a chain link fence erected along the driveway of his grade II listed building. He said the drive was not part of the curtilage of the building.
Held: The inspector had been wrong to place significance on what he thought was the owners intentions in erecting the fence when he had to interpret what was the curtilage.
Citations:
[2003] EWHC 537 (Admin)
Links:
Statutes:
General Permitted Development Order 1995 Part II of Schedule 2 class A
Jurisdiction:
England and Wales
Citing:
Cited – Jepson v Gribble 1876
A house occupied by the medical superintendent of an asylum fronted on to a public road and had access from the back to the asylum itself, although it was very much closer than to the asylum than are the lecturers’ cottages to any other college . .
Cited – 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 – Trim v Sturminster Rural District Council CA 1938
The ‘appurtenances’ of a house are confined to the curtilage of the house. . .
Cited – Methuen-Campbell v Walters CA 1978
The curtilage of a house is narrowly confined to the area surrounding it and did not extend to a paddock. Buckley LJ said: ‘In my judgment, for one corporeal hereditament to fall within the curtilage of another, the former must be so intimately . .
Cited – 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 . .
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 . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 08 July 2022; Ref: scu.184989
