What is agricultural curtilage?

The inclusion of farmland in the curtilage of a dwelling is a material change of use from agriculture. However, if the land remains physically separated from a dwelling and continues to be used for purposes that fall within the statutory definition of agriculture, it is arguable whether development has taken place.

What does curtilage of property mean?

Curtilage is legally defined as “the enclosed space of ground and buildings immediately surrounding a dwelling-house”, or “the open space situated within a common enclosure belonging to a dwelling-house.” Not all buildings have a curtilage.

What buildings are permitted on agricultural land?

At present, you can erect, extend, or alter a building on agricultural land if it meets the following criteria:

The agricultural land must not be less than 5 hectares in area.
You cannot erect, build or alter any building classed as a dwelling.
The building must be solely for the purpose of agriculture.

Can you build on curtilage?

Class E grants permission for, subject to exclusions, the erection of buildings within the curtilage of a dwellinghouse where such building is incidental to its enjoyment. The building was located within land for which the council had issued a lawful development certificate for ‘residential use’.

Can I put a shed on my agricultural land?

Can I put a shed on agricultural land? On agricultural land a shed used for agricultural purposes shouldn’t need planning permission if it is a temporary structure.

What does curtilage mean for a farm building?

The curtilage usually means the physical boundary of the land surrounding a dwelling. If the works are within 400m of buildings within an agricultural unit (or a dwelling or other building on another agricultural unit), they are excluded from this restriction.

Why are agricultural buildings not allowed in part 6?

This was important as the proposed agricultural building was within 400 metres of several dwellings (being therein defined as ‘protected buildings’) and the Part 6 Class A permitted development rights excluded works within such proximity if such agricultural building is to “be used for the accommodation of livestock”.

What are permitted development rights on agricultural land?

Permitted development related to agricultural buildings (including machinery and grain stores) and engineering/excavation rights on units of 5ha or more of agricultural land is known as Part 6, Class A development.

What are the characteristics of a curtilage in planning law?

did not have the appearance of being within the same enclosure. In The Hon. David McAlpine v SOS & Another (14/11/94) the High Court identified three relevant characteristics of a curtilage: · First, it was confined to a small area about a building; · second, an intimate association with land which was undoubtedly within the curtilage

Is the curtilage of a house a legal right?

Defining the curtilage of a dwelling house is very important in the contexts of permitted development rights and listed buildings. There is no legal definition of curtilage and it is a matter for the court in each case to decide what falls within the curtilage of a particular building.

Why was the building on the land not curtilage?

Mr Burford argued that the building he had erected on the land was lawful under permitted development rights attached to the dwelling house. However the inspector found that the land was not curtilage because it was not attached to the dwelling house forming one enclosure with it. The building erected on the land was therefore unlawful.