The IHBC is looking for examples or cases involving buildings and/or structures within the curtilage of listed buildings that might be affected by the recent interpretation by Historic England of the Jews Farm case (the High Court judgment in ‘Egerton v Taunton Deane’), in their advice note HEAN 10, to help inform and monitor the advice in the IHBC’s ‘Advice Note on the Curtilage Rule’, with responses to Fiona Newton at firstname.lastname@example.org sought as soon as possible (ASAP) or by 29 November at the latest.
IHBC Vice Chair and convenor of the IHBC Legal Panel Lone Le Vay said: ‘We are particularly interested in hearing about cases involving curtilage farm buildings. We are continuing to monitor the situation and would welcome any examples of problem cases. Also we would like to hear any feedback on IHBC’s advice note on the curtilage rule and if you have found this note to be useful.’
IHBC Policy Secretary Roy Lewis said: ‘Following the publication of Historic England’s (HE) ‘Listed Buildings and Curtilage: Historic England Advice Note 10’ there was a continued difference of opinion in relation to the interpretation of the Jews Farm (Egerton v Taunton Deane) judgment. Consequently, the Institute published its own advice note with our interpretation, based on advice from the IHBC Legal Panel, with advice from respected specialist lawyers, concentrating primarily on the interpretation of the High Court Judgement in relation to Jews Farm.
The Institute had concerns regarding Historic England’s interpretation of the case, which is outlined in example 2.1 (pages 9 and 10) of the Historic England Advice Note and felt that advice could potentially remove statutory protection from thousands of historic farm buildings previously considered to constitute part of a listed farmhouse under the ‘curtilage rule’.
Case details to be sent to Fiona Newton at email@example.com as soon as possible or by 29 November coming.