Q&As

What constitutes (or is a prescribed definition of) ‘curtilage’ where pertaining to a listed building?

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Produced in partnership with James Ryan of Carbon Law
Published on LexisPSL on 14/11/2019

The following Planning Q&A produced in partnership with James Ryan of Carbon Law provides comprehensive and up to date legal information covering:

  • What constitutes (or is a prescribed definition of) ‘curtilage’ where pertaining to a listed building?

The word ‘curtilage’ is used frequently in a planning context. It appears in legislation, and its meaning has challenged many practitioners, as well as judges from courts of first instance to those of the Supreme Court.

The summary contained in Practice Note: Material change of use is very helpful and it draws on the recent judgment of Lieven J in the case of Challenge Fencing Limited v SSHCLG.

‘Curtilage’ is used in many different contexts, including Permitted Development Rights arising under the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 and the Planning (Listed Buildings

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