Definition of "curtilage"? (with regards planning permission exemption)
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Just been looking at build options that might be exempt from planning permission, and far as I can gather, it’s permitted to build a garage/shed/greenhouse/whatever up to 25m sq so long as a number of conditions are satisfied….. one of them being that you must build within “the curtilage” of the existing building.
I have some rough idea now from googling that this refers to the general boundary of the property, but would like to understand it better with specific regard to planning. For example, if I owned a few bordering fields (all constituting the one property on which the existing house stands) and would like to build a little workshop, not in the same field that the house is in but one adjoining, then would this be considered within or beyond the curtilage?
From what little I’ve read so far, it seems a bit of a grey area. If it’s a matter of distance, well the distance from the house to the intended building site in the neighbouring field would be half the distance of building it at the far end of the field the house is in. Also, if it’s only a case of it having to be in the same field, then what’s to stop someone just tearing down the boundary to turn two or more fields into one bigger one to suit their needs? (Possibly lots of things? I don’t actually know!)
Would be great to hear some answers on this.
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You have to be very careful about this. Exempted developments in relation to a house usually means directly in association with the house. For instance exempted extensions must be behind the house. A technical definition that is easy to overlook for instance where there is a garage. If the extension is behind the garage it is not technically behind the house and as such no longer exempt. Similarly the exemptions for garden related structures assumes the standard suburban situation not fields or spaces next door. If there is any doubt you could seek a certificate of exemption from the local authority but this takes about 2 months usually. Even then it may find there is no exemption which kicks you back to making a planning application regardless. The shortcut to this would be to contact the local planner and ask their direct opinion which they are obliged to do. Curtilage is normally the conditions in which the house is set including the boundary walls, fences, hedges and other defined elements. It will not include clearly defined separate properties even if empty.
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ok, thanks for the helpful info and advice. Much appreciated.
If anyone else has opinions or experience of exempt builds, I’d love to hear. thanks-
also, anyone have any idea about roof pitch in terms of exempt planning?
Rules state that the max height is 4m for a pitched roof and 3m for other types. Can pitched included mono-pitched -as in simply sloping from one side of the building to the other? like the last pic in this link…..
http://homeexpo.amritatv.com/2013/images/Pitched-Roofs.jpg
………..as opposed to the more common type as shown in the first pic in link. – a centre ridge sloping down to two side walls.
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Curtilage has been causing havoc for years, principally because it is not defined in the planning act. Long story short – set up a meeting and ask your local planner
http://planninglawblog.blogspot.ie/2011/08/curtilage-confusion-some-further.html
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