IHBC launches new Toolbox ‘Advice Note on the Curtilage Rule’, on listed farmhouses and associated farm buildings

A new IHBC ToolBox Note from the institute sets another interpretation of the High Court judgment in the Egerton v Taunton Deane case (also known as ‘Jews Farm’) – our ‘Advice Note on the Curtilage Rule – An interpretation of the Taunton Deane judgment – as it covers the identification of freestanding objects and structures that constitute part of a listed building under the so-called ‘curtilage rule’.

The advice has particular relevance to listed farmhouses and associated farm buildings but has implications for other types of listed building.  The note has been prepared by the IHBC Law Panel, with advice from respected specialist lawyers.

IHBC Policy Secretary Roy Lewis said: ‘A large number of IHBC members voiced concern following the initial publication of Historic England’s (HE) Listed Buildings and Curtilage Advice Note.   I am pleased that Historic England took many of the Institute’s recommendations into account before publishing the current version, Historic England Advice Note 10.’

‘However, we continue to have a difference of opinion in relation to the interpretation of the Taunton Deane judgment.  Consequently, the Institute has published this IHBC advice note to provide an alternative interpretation of that case from an authoritative source.  We hope that it proves helpful to members and others who have to address the curtilage issue.

IHBC Law Panel convenor Lone Le Vay said: ‘This advice was the result of a long process starting with the Legal Panel’s initial contribution to the Institute’s response to the Historic England Advice Note and subsequent negotiations with them regarding their interpretation of the Jews Farm Case.   The advice note has been prepared in response to concerns about the implications of that advice in potentially removing statutory protection from thousands of historic farm buildings previously considered to constitute part of a listed farmhouse under the ‘curtilage rule’.’

‘The development of the draft was only possible through the informed contribution of Legal Panel members, particularly Charles Mynors and Nigel Hewitson, both of whom, incidentally, will appear at the IHBC’s 2019 School in Nottingham this July.’

‘Hopefully, this IHBC advice will facilitate better understanding of the unique relationship between farmhouses and the working farm buildings of a farmstead by highlighting situations where barns and other working buildings are geographically related to a farm house, and their use ancillary to its use, such that they can be found to be within its curtilage.’

The new advice can be found in the IHBC Toolbox

Find out more about the IHBC Toolbox

See more on the Law Panel

For more on the IHBC’s 2019 School nottingham2019.ihbc.org.uk

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