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Further Guidance on the Meaning of “Curtilage”

Douglas Edwards QC
Philip Petchey
George Mackenzie

In Hampshire County Council v Secretary of State for the Environment [2021] QB 81, the High Court (Holgate J) gave important new guidance on the meaning of curtilage. The Court of Appeal has now endorsed his approach, albeit with modifications: see [2021] EWCA Civ 398. The case is required reading for anyone concerned with the issue of the meaning of curtilage in the context of planning or one of the many statutes that uses the term (the case itself was on the Commons Act 2006). The landowner is now seeking permission to appeal from the Supreme Court, so watch this space!

Douglas Edwards QC and George Mackenzie appeared for the landowner, Blackbushe Airport Ltd, and Philip Petchey for the Open Spaces Society.