Source: All England Reporter
Publisher Citation: [2003] All ER (D) 64 (Feb)
Court: Administrative Court

Sir Richard Tucker

Representation Ian Albutt (instructed by Sharpe Pritchard) for the claimant.
  Sarah-Jane Davies (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 6 February 2003


Town and country planning - Listed building - Enforcement notice - Meaning of 'curtilage'.

The Case

Whether land fell within the term 'curtilage' for the purposes of class A to the General Permitted Development Order 1995 was a question of fact and degree. The term curtilage had been defined as a small courtyard attached to a dwelling house, forming one enclosure with it. In previous authority, it had been suggested that it referred to a small area due to the use of the diminutive suffix 'age'. The size of the area was not severely restricted and could include stables, outbuildings and gardens, walled or not provided that they were part of a single enclosure. It did not include all parkland, including the driveway, of an estate.

Practice Areas

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