Lowe v First Secretary of State & Anor

Lowe v First Secretary of State & Anor

The inspector erred in law by relying on the reasons for the erection of the fence to determine whether the land was within the curtilage of the listed building. The site of the fence could not sensibly be regarded as attached to or forming one enclosure with Alresford Hall, and thus was not within its curtilage. The inspector's decision must be quashed.

Parties
Appellant: Denis Lowe; First Respondent: First Secretary of State; Second Respondent: Tendring District Council
Jurisdiction
England and Wales
Judgment Date
06 February 2003
Procedural Posture
Statutory Appeal (planning) / Judgment After Substantive Hearing
Outcome
appeal allowed; inspector's decision quashed; costs awarded to appellant; permission to appeal refused
Legal Topics
Curtilage of Listed Buildings, Enforcement Notice, Permitted Development, Statutory Interpretation
Planning Law Administrative Law Curtilage of Listed Buildings Enforcement Notice Permitted Development Statutory Interpretation

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Parties

Denis Lowe

Appellant

First Secretary of State

First Respondent

Tendring District Council

Second Respondent

Procedural Posture

Statutory Appeal (planning) / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the erection of a fence was within the curtilage of a listed building for the purposes of planning control
  2. 2 Whether the inspector erred in law by considering the reasons for the erection of the fence in determining curtilage

Ratio Decidendi

The inspector erred in law by relying on the reasons for the erection of the fence to determine whether the land was within the curtilage of the listed building. The site of the fence could not sensibly be regarded as attached to or forming one enclosure with Alresford Hall, and thus was not within its curtilage. The inspector's decision must be quashed.

Court Disposition

appeal allowed; inspector's decision quashed; costs awarded to appellant; permission to appeal refused

Orders

  • Inspector's decision quashed
  • First respondent to pay appellant's costs, reduced by £300 for skeleton argument duplication