Editor's pick: Barn extension held to fall outside listed curtilage

A listed building enforcement notice requiring the removal of a single-storey extension to a former barn in Gloucestershire has been struck down after an inspector ruled that it does not fall within the curtilage of a listed dwellinghouse.

The building had once formed part of an agricultural enterprise, for which the grade II listed building was the main farmhouse. The appellant’s family had owned the farm and farmhouse for many years and stayed in the farmhouse when they retired, with the appellant running the rest of the farm, including the barn. This was the position when the farmhouse was listed in 1984.

The inspector applied laid down the tests laid down in AG ex rel Sutcliffe v Calderdale Borough Council [1983], which determined whether a structure or land falls within the curtilage of a listed building. She decided that at the time the main building was listed, the barn was in separate ownership, with the two parcels of land being recorded separately by the Land Registry.

Moreover, she saw no financial or functional link between the barn and the farmhouse. The barn made no contribution to the residential use of the farmhouse, she reasoned. In her view, the fact that the two buildings were relatively close was not determinative. As this combination of factors demonstrated that the farmhouse curtilage had ceased to include the barn, she concluded that no breach of listed building control had arisen.

Inspector: Christine Thorby; Hearing


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