In this blog, we’ll explain the concept of curtilage, which is crucial to understand when planning to place a mobile home in your garden. Knowing this definition helps determine which parts of your garden or land can legally accommodate your lodge.
Curtilage refers to the land immediately surrounding a dwelling, including any closely associated buildings or structures, forming a single enclosure where a homeowner can reasonably expect privacy. This typically includes gardens, yards, and outbuildings.
The definition of curtilage in planning terms is complex and often confusing. It has been the subject of various planning appeals and High Court cases. One landmark case is Burford v SSCLG, where a landowner faced an enforcement notice for constructing a building on land they claimed was residential curtilage. The landowner intended to use permitted development rights (Class E of Schedule 2 of the General Permitted Development Order 2015). The Local Planning Authority had previously granted a Certificate of Lawfulness for the land’s use as a garden incidental to the main dwelling.
However, the Planning Inspector upheld the enforcement notice, and the High Court dismissed the landowner’s appeal, agreeing that the land was not curtilage.
This case highlighted that determining curtilage is a matter for the court, Local Planning Authority, or Planning Inspector. The Burford v SSCLG case identified three crucial factors for determining curtilage:
Understanding curtilage is vital for mobile home planning permission and permitted development rights. For instance, placing a caravan within the curtilage of a dwelling does not require planning permission if it complies with Section 55(1) of the Planning Act. Additionally, new outbuildings erected within the curtilage for incidental purposes can benefit from Permitted Development, potentially bypassing the need for a formal planning application.
Given the legal complexities surrounding curtilage, CLL can provide professional advice and opinions on what constitutes the curtilage of your property. Call us at 01285 283200 for assistance.
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