Definition of ‘Curtilage’

According to the DoELG, the notion of curtilage is not defined by planning legislation (P191 Architectural Heritage Protection – Guidelines for Planning Authorities). The guidelines then attempt to define it as meaning the parcel of land immediately associated with that structure and which is (or was) in use for the purpose of the structure.
I think it means the property on which a building stands but the lawyers could probably pick holes in that.

I’ve seen it refereed to as something close or near too not just land..

@goneill wrote:

According to the DoELG, the notion of curtilage is not defined by planning legislation (P191 Architectural Heritage Protection – Guidelines for Planning Authorities). The guidelines then attempt to define it as meaning the parcel of land immediately associated with that structure and which is (or was) in use for the purpose of the structure.
I think it means the property on which a building stands but the lawyers could probably pick holes in that.

Curtilage is an enclosed area of land surrounding the dwelling. Objectors love using it …. “the proposed development is within the curtilage of a protected structure” (even though you might be building a garage 100 metres away from a listed house!)
Rs
K.

Our development is a simple 21sq m extension to the rear of the house (but going beyond the gable wall passed the side entrance to meet just inside the party line between ourselves and our neighbour). We have been told that the 4sq m that goes beyond the gable end of the house is not exempted as it is not considered to the rear of the dwelling but to the side so we are trying to figure out (for the Section 5 application) if the extension is within the curtilage of the dwelling in order for me to answer one of the questions. There are no protected buildings anywhere near by.

If its on your land, which sounds likely, (i.e you didn’t build it in your neighbour’s land or on the street or something) then its within the curtilage

@Confused wrote:

Our development is a simple 21sq m extension to the rear of the house (but going beyond the gable wall passed the side entrance to meet just inside the party line between ourselves and our neighbour). We have been told that the 4sq m that goes beyond the gable end of the house is not exempted as it is not considered to the rear of the dwelling but to the side so we are trying to figure out (for the Section 5 application) if the extension is within the curtilage of the dwelling in order for me to answer one of the questions. There are no protected buildings anywhere near by.

The simple answer to your question for the sake of filling out a form is ‘yes’. From your brief description above though your developnment will not be classed as to the rear of the building and therefore is not exempt.

@tommyt wrote:

Yeah but said garage could be 100m away, but blocking a vista or deliberately designed view or setting of said structure no:confused:

Agreed, and I would support use of that in an objection. However, my point, badly made is that “within the curtilage” is another nail successfully used by objectors even when a garage has no visual impact on a protected structure.
Rs
K.

From today’s Irish Times

http://www.irishtimes.com/newspaper/ireland/2009/0902/1224253663467.html

“The Dún Laoghaire Harbour Company began demolishing the derelict pier buildings two days ago. A spokeswoman for the company said it has received legal advice that the demolition did not break the planning laws………..The buildings are not protected structures, but Mr Cuffe said their demolition should not take place without planning permission.

“Planning permission is required. The pier is within the curtilage of the harbour walls which are protected structures and under the planning legislation it would be subject to the same protections.”

See what I mean?

K.

“A spokeswoman for Dún Laoghaire-Rathdown County Council last night said it did not consider that the demolition work required planning permission.”………

I’ve been dealt a curtilage blow from a bridge before!

@missarchi wrote:

I’ve been dealt a curtilage blow from a bridge before!

That explains a lot! 🙂
K.