image for illustration: Joanna Theobald
Historic England’s (HE’s) Planning Bulletin from June has noted the amended update of its ‘HEAN 10: Listed Buildings and Curtilage (June 2025)’, noting that it is ‘for the local planning authority [LPA] to reach a conclusion as to whether or not buildings are within a particular curtilage’.
HE writes:
The law provides that buildings and other structures that pre-date July 1948 and are within the curtilage of a listed building are to be treated as part of the listed building. Working out whether a building has a curtilage and the extent of that curtilage can be difficult. It is important because altering or demolishing such curtilage structures may require listed building consent and carrying out works without having obtained listed building consent when it is needed is a criminal offence. It is therefore important to assess the extent of the curtilage of a listed building with confidence.
This advice note gives hypothetical examples to assist in that assessment. It is based on the current legislative provision in the Planning (Listed Buildings and Conservation Areas) Act 1990 (S. 1[5]) and consideration of listed buildings and curtilage in legal cases. It will be for the local planning authority to reach a conclusion as to whether or not buildings are within a particular curtilage, and ultimately a matter for the court to determine if that decision is thought unreasonable. This Historic England Advice note was published in 2018, with minor textual revisions made in June 2025.
See HEAN 10: Listed Buildings and Curtilage (June 2025)
See the Planning Bulletin June 2025
See more on the IHBC’s CPD Branch Partnership initiative, which includes IHBC certified CPD on Curtilage led by Dr Charles Mynors IHBC, by following the links HERE
