C O N T E X T 9 7 : N O V E M B E R 2 0 0 6 13 Charles Mynors is a barrister in the Chambers of Robin Purchas QC (now at Francis Taylor Building in the Temple), and a visiting professor in the planning department at Oxford Brookes University. The fourth edition of his book Listed Buildings, Conservation Areas and Monuments reviewed on p44) was published by Sweet & Maxwell in May. curtilage of Prospect Lodge.’ Since April 1, 1987, structures in the curtilage of a listed building were not subject to listed building control if they have been erected since before 1948. This removes from the need for consent many trivial operations in the grounds of listed buildings. It incidentally also removes the anomaly whereby listed building consent could in some circumstances be required for the demolition of a garden shed erected (quite possibly under permitted development rights) in the 1960s. Conclusion In the light of the above analysis, which confirms the view of the Court of Appeal in ex parte Bellamy that the legal position is ‘by no means simple’, the correct approach would seem to be as follows. 1) The building that is itself included in the list (‘the principal building’) must first be identified from the list. The description should only be referred to where the identification of the building is ambiguous. 2) The whole of the principal building, including its interior, will be covered by the listing. 3) Any object (such as a sundial or panelling) fixed to the principal building at the date of listing will be included, provided that it is a ‘fixture’ according to the normal rules of land law. 4) Any structure fixed to the principal building at the date of listing will be included, provided that, if it is itself a building, it was ‘ancillary’ to the principal building at the date of listing (or possibly at 1 January 1969 in the case of buildings listed prior to that date). 5) The curtilage of the principal building must then be identified, which will be ‘quintessentially a matter of fact’. Relevant matters will be the physical layout of the principal building and any other buildings that might or might not be within its curtilage; their ownership, past and present; and their function, past and present. Not all the land in the same ownership as the principal building will necessarily be included; some land in separate ownership may be included. Not every structure has a curtilage. 6) Any pre-1948 structure that was in the curtilage of the principal building at the date of listing (or possibly 1 January 1969) will be included in the listing, provided that it is a fixture, and is ancillary to the principal building. The practical effect of the inclusion in the listing of ancillary structures is limited by the requirement that listed building consent is only needed for works to the ‘listed building’ (to include the building in the list and all the ancillary items) where they affect the special character of the listed building as a whole. And, of course, if an ancillary structure has been erected since 1948, it would now only be included within the listing if it was actually (directly or indirectly) ‘fixed’ to the principal building. © Sweet & Maxwell 2006 Building Design & Build Development Interiors Restoration Joinery Maintaining history… we restore, we care. Caring for the conservation, restoration and maintenance of historic and country houses Lichfield ■ Manchester ■ NorthWales Linford-Bridgeman Limited, Quonians, Lichfield, StaffordshireWS13 7LB Tel: 01543 414 234 Fax: 01543 410 065 [email protected] www.linfordgroup.co.uk ComptonVerney Mansion House, Warwickshire. RIBA Award 2004. The Conservation Studio works only for local authorities and other public sector organisations such as English Heritage and the HLF, specialising in urban regeneration, historic buildings and conservation areas. Recently expanded, we now undertake an even wider range of projects including all aspects of conservation area management (designation reports, appraisals, Article 4 Directions, and grant bids); conservation plans; urban design advice; feasibility reports; Buildings‑at-Risk surveys; local and statutory lists; public inquiries; and education and training. 1 Querns Lane Cirencester Gloucestershire GL7 1RL Tel: 01285 642428 Fax: 01285 642488 Email: info@ theconservationstudio. co.uk www. theconservationstudio. co.uk T H E CONSERVATION STUDIO
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