Clarification on curtilage of listed buildings
This week the Court of Appeal offered new guidance
on the meaning of “curtilage” when considering works
carried out without listed building consent to a stable block in
the grounds of a listed hotel.
The hoteliers had claimed that the works did not
require listed building consent as the stable block fell outside
the small area immediately around the hotel.
However, the Court of Appeal clarified that the
meaning of curtilage was a question of fact and degree in each case
and that the curtilage of a listed building was not necessarily
confined to the small area around the building, as the hoteliers
had claimed. Instead Robert Walker LJ ruled that the curtilage of a
substantial listed building was “likely to extend to what
are, or have been, in terms of ownership and function, ancillary
In this case therefore the stable block fell within
the curtilage of the listed building and in consequence a listed
building enforcement notice relating to works carried out on the
stable block was upheld.
(Skerritts of Nottingham Limited -v- Secretary of
State for the Environment Transport and the Regions and another
Court of Appeal 25th February 2000).