curtilage case law??

[holmseyboy]

hi I have recently bought a terrace house with back lane leading to garden. applied for planning to cover over approx 70% of yard to make better access to kitchen and bathroom. as I have a garden don't need yard. garden has been part of the house since 1921. planning refused me on the grounds that the party wall what is now1.9m will increase to 2.2m will be overbearing. no complaints from any neighbours on the issue. yet a friend who works in planning says I should not need planing because it doesn't take more than 50% of the curtilage she's including the garden now even tho it's separated by back lane. any ideas what is correct here? planning are now confused aswel they have been looking for case law saying that if the land has been with the house since before 1948 it is deemed curtlage? please help

 

[clifford1]

You may find this useful:
http://planninglawblog.blogspot.co.uk/2011/01/curtilage-confusion.html

 

[tony1851]

Just to add to the above; on the Planning Jungle web site (which has lists of appeal cases), there are 16 cases where the inspector determined that a separate piece of land was part of the curtilage, and 15 cases where the inspector determined otherwise.
Strangely, in one instance, a plot of land 100m from the property was regarded as being part of the curtilage, and in another, a plot of land which was also 100m from the property was not regarded as being part of the curtilage.
Clearly it's a moot point.

 

[holmseyboy]

mines 3m away max just a lane width

 

[Doggit]

Why are they saying they the party wall increase to 2.2mtrs. Are you rasing the party wall/garden fence.

 

[^woody^]

What has this got to do with the curtilage and 50% rule, when refusal was due to the party wall height?

 

[LukeB123]

Curtilage isn't back before 1948 either - That's just defining what is 'original' with the dwelling and doesn't necessarily define what curtilage is - as tony says its set on a case to case basis. My gut feeling is if you have a lane to the back garden then it is probably not curtilage...

I guess the OP is saying that if he can include this garden land as curtilage, then he wouldn't exceed the 50% rule, and planning is not required. (therefore they can't argue wall height)

We need a clearer picture really. Is this an extension to the house or an outbuilding? How big is the development? how far is the garden away?