New Historic England guidance on curtilage-listing

Historic England published their guidance on listed buildings and curtilage buildings on Wednesday (Historic England Advice Note 10). The document clarifies and reinforces the position set by case-law, and in particular the three requirements for consideration, although recognising that each case should be decided on a case-by-case basis, and that it is the responsibility of the LPA to decide:

1.      The physical layout of the listed building and the structure;

2.      Their ownership, both historically and at the date of listing; and

3.      The use or function of the relevant buildings, both historically and at the date of listing.

The document also provides several helpful examples, where these three tests are met or not, and therefore whether the building in question is curtilage-listed or not.