Curtilage
What is curtilage?
Simply stated: 'enclosed land around a house or other building'
Let's see how that unpacks. . .
Statutory criteria for listing
Any buildings or structures constructed before 1 July 1948 that fall within the curtilage of a listed building are treated as part of the listed building. The effect of a proposed development on the setting of a listed building is a material consideration in determining a planning application. Setting is defined as “the surroundings in which a heritage is experienced”.[8] Although the decision to list a building may be made on the basis of the architectural or historic interest of one small part of the building, the listing protection nevertheless applies to the whole building. Listing applies not just to the exterior fabric of the building itself, but also to the interior, fixtures, fittings, and objects within the curtilage of the building even if they are not fixed.[34]
Curtilage
In law, the curtilage of a house or dwelling is the land immediately surrounding it, including any closely associated buildings and structures, but excluding any associated "open fields beyond". It delineates the boundary within which a home owner can have a reasonable expectation of privacy and where "intimate home activities" take place. It is an important legal concept in certain jurisdictions for the understanding of search and seizure, conveyancing of real property, burglary, trespass, and land use planning.
Curtilage and Setting
Although some ancillary buildings and structures will be considered to fall squarely within the "curtilage" of a listed building (whether specifically mentioned in the Statutory List or not), other developments may be considered to affect its "setting". "Setting" may be affected, for example, by proposals for free standing buildings within garden-ground, alterations to walls or approaches, sightlines to or from the building and associated landscaping. A consent, or permission, may be required in these instances.
How do you define the 'curtilage' of a listed building?
The curtilage of a listed building is normally considered to be the land, buildings and structures which go with or are ancillary to the principal building. Any buildings or structures which formed part of the land associated with, or belonging to, the principal building at the time of listing are considered to be within the 'curtilage' of the listed building and are therefore considered part of it. Buildings or structures that date from after 1st July 1948, and which are unattached to the listed building, are not considered to be curtilage listed. Typically, structures covered by curtilage listing might include: walls, gates, railings, gatehouses, stables, urns, statues, dairies, barns, privies and cart sheds. To demolish, alter or move any such structure, you will need to apply for Listed Building Consent.
Working example, here
26-12-13