A procedural note taken from an appeal against an enforcement notice (400-017-156):
“The allegation refers to the material change of use of the land to use as domestic curtilage. The Council is aware that curtilage is not a use of land and has suggested that I use my power under s176 to correct the notice to refer to the use of land for purposes incidental to the use as a dwelling or use of land for domestic purposes.”
Come on guys, you know this one!
The following DCP section is relevant: 4.533
This distinction didn’t stop an inspector for an appeal in North Devon concluding, on the basis that for some years it had not been used for anything other than domestic purposes, that 14.5 acres was domestic curtilage for GPDO purposes. To add insult to injury we were denied leave to JR the decision. Isn’t consistency a wonderful thing?