Inclusion in curtilage - Public forum - Planning Advisory Service (PAS)
Open group
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Started - July 2012
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Last activity - This week
Inclusion in curtilage
Would an application for change of use be required to enclose existing curtilage to an urban domestic household property? The property was built in January 2008 but only two-thirds of the rear garden was enclosed with fencing by the developer. An area of 25 square metres of ground behind the rear fence is included within the property's borders according to the Land Registry. It currently has no use and low-level fly tipping has recently occurred. Any advice would be greatly appreciated.
Was the extra area of land included within the red line boundary of the plan that accompanied the planning application? if so, I would suggest that the land has permission for use as domestic curtilage unless there were any conditions imposed on the planning permission to say otherwise. If the land wasn't included as part of the planning application I am of the opinion that plannng permission would be required to incorporate that land into the existing domestic curtilage, but not necessarily to enclose it.
Thanks for that, Sue. Yes, the land is included within the red line boundary and there are no restrictions according to the original planning application made for for the whole development.