Clarification on curtilage of listed buildings

United Kingdom
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 buildings”.

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).