How do you define the curtilage of a listed building?
Answer
Determining the curtilage of a listed building is not always a simple matter. The main tests relate to the physical layout of the land surrounding the building at the date of listing and the relationship of objects or structures to each other. Changes in ownership after listing are not relevant. A structure must be ancillary and subordinate to be included in the listing and not historically an independent building. Where a self-contained building is fenced or walled off at the date of listing it is likely to be regarded as being part of a separate curtilage regardless of any historical relationship. The structure must form part of the land and this probably requires some degree of physical annexation. Some buildings have no curtilage, so for example a listed farmhouse may bring an adjacent unlisted dovecote under control but a listed dovecote would not bring control to the unlisted farmhouse.