Tales from the Front Line

Garden Curtilage

by Simon Lock
on May 26, 2010 in Country Search

The line between garden curtilage and agricultural land is a fine one at the best of times, and in the last few years this line has been stretched, and in some cases snapped, by adventurous, rural ‘gardeners’. If you want to use a piece of agricultural land as garden, whether it be for a swimming pool, a tennis court or anything else, you’re going to have to jump through hoops to get there.

Where garden fencing is simply removed and no physical changes to the land occur it will undoubtedly be difficult to claim an unauthorised, material change of use has occurred. However, where the land does become ‘domesticated’ by planting, placing of domestic chattels, toys, ponds, etc. it will be easier to argue your case.

A case in York in September 2007 issued a lawful development certificate to a man confirming that an area of over two acres now formed part of his garden. Over a period of eighteen years he had managed the additional land as garden, had created easy access to his property and planted a significant number of trees purely for amenity value. The absence of manicured lawns and planted beds was not important, the land had been used as garden and the fact that it was not an immaculate, formal masterpiece didn’t matter.

The good news is that you might not have to wait eighteen years. Anything from ten years of light manicuring seems to be good enough ammunition before you start making your claim to the local planning department when they refuse to let you put in that swimming pool. Proof is the key, keep receipts for trees planted and fenced erected and document the land’s use with photographs. There isn’t any sure-fire way of guaranteeing acceptance of extra land into the garden, however for the cost of some trees and a few afternoons on the lawn mower, it could be the most worthwhile bit of ‘gardening’ you do.

Subject to planning

by Simon Lock
on October 2, 2009 in Properties

How many people, I wonder, in this fair country of ours have looked across open fields and dreamt of building their own home in the perfect, idyllic setting. Eight and a half million every week buy a lottery ticket so I guess there’s a start. You then jump in your car and happily drive an hour and a half to view a property with the agent’s details saying ‘planning consent to build a 5,500 sq.ft. home’ or ‘potential for planning’, or my absolute favourite ‘perfect opportunity to build your dream house, subject to planning’.

Just as confusing is the ‘creative’ description given to the status of outbuildings. If they have converted their garage for example, into a two-bedroomed flat, but the original consent they were given from the Council states attic space/storage, then it is attic space and storage! The fact that they have been using it for something else is neither here nor there, so posing the question – do you jump back in your car, slam the door and speedily drive away, walking away from a potential site that could be perfect for you, or do you dig a little deeper?

I for one will always do further investigation as location is always the key. Finding a dream site is part one. Understanding the planning is part two and both of these stages need quality advice. And that, quite frankly, is what we do.