- Common land, planning law, listed buildings (Hampshire County Council v Secretary of State for Environment Food and Rural Affairs)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Planning analysis: The court decided that the term ‘curtilage’ under the Commons Act 2006 (CoA 2006) (paragraph 6, Schedule 2) had the same meaning as it did under the planning, listed buildings, rating and enfranchisement legislation, although the court did recognize the application of the term may be more generous in the listed building context. The term means an area of land which is so intimately associated with a building, so as to be considered part and parcel of the building. The case is significant for the extensive review of the case law from multiple regimes and the distillation of the key principles to apply. It is also the first case on the meaning of the term under CoA 2006. Written by Ashley Bowes, barrister, at Cornerstone Barristers.
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