133 Planning control—the garden itself

133 Planning control—the garden itself

There are exceptions to the garden being part of the curtilage of a residential property and so having its authorised residential use. Where land forming part of a garden is remote from the house to which it is an amenity, or where the garden has stopped being cultivated, has become overgrown or rough grass and where land has a use as ‘agricultural’ and is taken over and incorporated as part of a garden, planning permission may be necessary1 or there may be other legal consequences2.

Where the house to which the garden is an amenity is