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 clearly include stable houses 200 meters from the main house. Accordingly those buildings were included within the property subject to the listed buildings order. The general legislative purpose of both regimes is the protection of the national heritage, and the particular purpose of the extending provisions is to ensure that not only the heritage property itself, but also its fixtures and its environment, are protected.
Citations:
Times 08-Mar-2000, Gazette 09-Mar-2000, [2000] EWCA Civ 60, [2001] QB 59, [2000] 2 PLR 84
Links:
Statutes:
Planning (Listed Buildings and Conservation Areas) Act 1990, Ancient Monuments and Archeological Areas Act 1979 61(7)
Jurisdiction:
England and Wales
Citing:
Appeal From – Skerritts of Nottingham Limited v Secretary of State for Environment, Transport and Regions, Harrow London Borough Council Admn 22-Mar-1999
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 . .
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:
Cited – Her Majesty’s Commissioners of Customs and Excise v Zielinski Baker and Partners Limited HL 26-Feb-2004
The commissioners sought to charge to VAT charges for works which had been carried out to a building within the curtilage of a listed building. The taxpayer sought zero-rating.
Held: The outbuilding to which alterations were made must have . .
Cited – Lowe v First Secretary of State and Another Admn 6-Feb-2003
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 . .
Lists of cited by and citing cases may be incomplete.
Land, Planning
Updated: 31 May 2022; Ref: scu.147093