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Browse 11 cases in the Planning Geek Case Law Library concerning Curtilage.
Debenhams explains why a physical connection does not automatically make an independent building part of a listed building, and the importance of fixtures and the principal-accessory relationship.
Dill confirms that listing an object does not conclusively make it a building. It distinguishes a building listed in its own right from an object protected as part of another listed building.
O’Flynn explains why ordinary garden and recreational activities can be incidental to a dwellinghouse use, and why that matters when assessing a CLEUD and curtilage.
Egerton listed building curtilage is a useful High Court authority on deciding whether a separate building falls within the curtilage of a listed building. The case confirms that common ownership is only part of the picture. The physical relationship between the buildings and the way they have historically been used can be decisive when identifying the extent of a listed building’s curtilage.
Dartford is a Court of Appeal authority on the NPPF definition of previously developed land. Under the wording then in force, private residential gardens were excluded only where they were in built-up areas. A residential curtilage in the countryside could therefore fall within brownfield land if the rest of the definition was met.
