PD for outbuilding on ‘additional’ land - curtilage applicability

September 1, 2023 by Adrian Kirk in forum Planning Forum

#2081 Adrian Kirk, 1 September 2023, 16:27

We have a property that sits in approx 1 acre land. Original plot was approx 0.8 acre and we purchased an additional, directly adjacent, 0.2 acre from a neighbouring farm. The Land Registry will not amalgamate the two titles into one (only just discovered this) which isn’t a problem in terms of overall ownership as both are in the same joint names (me plus spouse). We erected an outbuilding on the additional land in accordance with PD assuming that the new land now formed part of the overall curtilage to the dwelling. However, we are about to sell up and I am now worried that the curtilage definition within PD rules will not apply to the additional 0.2 acre parcel of land since it remains under a different title number. Can anyone please advise?

#2083 Damian, 3 September 2023, 17:56

It’s on a case by case basis. If this extra land has been included within the curtilage or used as a domestic garden for at least 10 years, you may have more grounds for it to be confirmed as such.

The only way for you to know is to submit a LDC application.

#2085 Adrian Kirk, 3 September 2023, 19:38

Thanks Damian. Will look at doing that.

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