Cases - Skerritts of Nottingham Ltd v Secretary of State for the Environment, Transport and the Regions (No. 1)
Record details
- Name
- Skerritts of Nottingham Ltd v Secretary of State for the Environment, Transport and the Regions
- Date
- [2000]
- Citation
- 2 PLR 84
- Legislation
- Keywords
- Planning control
- Summary
-
The case concerned a stable block some 200 metres from a hotel, a listed building. The issue was whether it was within the curtilage of the hotel (and therefore subject to listed building control). The hotel company cited the authority of Dyer v Dorset County Council (1989) in support of their contention that curtilage means a small area of land. The Court of Appeal, while confirming the actual decision in Dyer, stated that the Court had gone further than necessary in expressing the view that the curtilage of a building must always be small. Where houses are 20 to the acre, then obviously curtilage is small as no piece of land can be in the curtilage of more than one building. But the curtilage of a substantial building is likely to extend to what are or have been, in terms of ownership and function, ancillary buildings. Physical layout is relevant also.