In the world of heritage planning, one of the most commonly misunderstood concepts is curtilage listing. It’s not unusual for clients, and sometimes even professionals, to be surprised when a seemingly unlisted outbuilding or boundary wall is treated as listed by the local planning authority. What’s even more surprising is that Historic England won’t give you a definitive answer — because they can’t. That responsibility falls squarely to the local planning authority (LPA).

This blog explores what curtilage listing is, why it’s so often a grey area, and, crucially, who decides whether a building falls under this hidden layer of statutory protection.

What is Curtilage Listing?

Curtilage listing is a legal concept, not a separate listing status. It applies when structures within the curtilage of a listed building are considered part of that listing, even if they are not individually mentioned on the National Heritage List for England.

The criteria most often referenced when assessing whether a structure is curtilage listed include:

The structure was in existence before 1 July 1948
It was physically and functionally associated with the principal listed building at the time of listing
It is (or was) within the curtilage — usually taken to mean the land immediately associated with the listed building, such as a garden or courtyard.

But here’s the catch: these tests are based on case law, not a statutory checklist, which means they are open to interpretation.

Historic England’s Position: Advisory, Not Authoritative

A common assumption is that Historic England can confirm whether something is curtilage listed. In reality, whilst they can offer advice and historic context, they do not make legal determinations on curtilage. Their response to enquiries on the topic typically states that it is the responsibility of the local planning authority to decide, as they are the body enforcing the legislation.

In one recent case we worked on, our clients were asked by the council to submit a listed building consent application for a building that was not within the boundary of a listed site and had no historic, physical, or functional connection to the listed building. It was constructed decades later and had always served a different purpose. We reached out to Historic England for clarification — and were told, as many others have been, that it’s up to the LPA to interpret and apply the law.

This can be frustrating for clients who want a clear-cut answer, but it underscores the need for early and thorough heritage due diligence.

Why This Matters in Practice

If a structure is considered curtilage listed, any alterations, extensions, or demolitions require listed building consent, just as if it were listed in its own right.

Failing to obtain consent can result in:

Planning refusal of otherwise acceptable proposals
Delays in projects due to unexpected validation requirements
Retrospective applications, enforcement action, or even prosecution if works have already been carried out

This is particularly problematic for developers or homeowners who purchase land assuming certain buildings are unlisted, only to be told later (sometimes mid-application) that they fall under curtilage protection.

The Local Planning Authority’s Discretion

Whilst guidance exists, the application of curtilage listing can vary between councils. Some take a pragmatic approach, focusing on historical associations and the relevance of the structure today. Others adopt a precautionary stance, erring on the side of inclusion unless clear evidence is provided to the contrary.

In some cases, councils have considered buildings to be curtilage listed despite a lack of historical association or clear functional connection. Once the LPA makes this call, it can be difficult, though not impossible, to challenge.

The courts have weighed in on this in the past, with judgments providing some legal grounding. Notable cases such as Skerritts of Nottingham Ltd v Secretary of State for the Environment, Transport and the Regions (2000) and Burton v Camden LBC (2000) have clarified aspects of the definition, but grey areas remain, particularly in relation to what constitutes a “functional” relationship or a “curtilage” boundary.

Navigating Curtilage Uncertainty: What You Can Do

At Aurora Heritage Planning, we regularly support clients in navigating this tricky territory. Our recommendations for managing the risk of curtilage listing include:

Early historical research into the structure’s construction date, ownership history, and original function
Map regression analysis and review of tithe maps, estate plans, and historic OS maps
Engaging the LPA early, through pre-application advice or informal conversations, to understand their stance
Legal advice, in cases where the stakes are high or where there is conflicting interpretation
Heritage statements that clearly set out evidence for or against curtilage listing, helping to inform the council’s decision.

Final Thoughts: Don’t Assume – Ask Early

Curtilage listing isn’t just a technicality, it has real, legal implications for how and when you can make changes to buildings and land. And while Historic England offers useful guidance, the decision ultimately lies with the local planning authority.

If you’re planning work on or near a listed building and aren’t sure whether an adjoining or associated structure might be considered curtilage listed, don’t wait until your application is submitted to find out. Early advice can save time, money, and frustration down the line.

Need support navigating a tricky site?

Aurora Heritage Planning specialises in unpicking complex heritage constraints. Whether you’re a homeowner, architect, or developer, we’re here to make heritage simple — and help your project move forward with clarity.

📞 Call us on 020 3026 4372

📩 Or book a free discovery call via our website

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Privacy Policy

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This privacy policy applies between you, the User of this Website and Aurora Heritage Planning Ltd, the owner and provider of this Website. Aurora Heritage Planning Ltd takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

Please read this privacy policy carefully.

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Definitions and interpretation

In this privacy policy, the following definitions are used:

Data

collectively all information that you submit to Aurora Heritage Planning Ltd via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);

Data Protection Laws

any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;

GDPR

the General Data Protection Regulation (EU) 2016/679;

Aurora Heritage Planning Ltd, or us Aurora Heritage Planning Ltd, a company incorporated in England and Wales whose registered office is at Hull.

UK and EU Cookie Law

the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronxic Communications (EC Directive) (Amendment) Regulations 2011;

User or you

any third party that accesses the Website and is not either (i) employed by Aurora Heritage Planning Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Aurora Heritage Planning Ltd and accessing the Website in connection with the provision of such services; and

Website

the website that you are currently using, auroraheritageplanning.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

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In this privacy policy, unless the context requires a different interpretation:

the singular includes the plural and vice versa;
references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
a reference to a person includes firms, companies, government entities, trusts and partnerships;
"including" is understood to mean "including without limitation";
reference to any statutory provision includes any modification or amendment of it;
the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

This privacy policy applies only to the actions of Aurora Heritage Planning Ltd and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites
For purposes of the applicable Data Protection Laws, Aurora Heritage Planning Ltd is the "data controller". This means that Aurora Heritage Planning Ltd determines the purposes for which, and the manner in which, your Data is processed.

Data collected

We may collect the following Data, which includes personal Data, from you:
name
contact Information such as email addresses and telephone numbers;
demographic information such as postcode, preferences and interests;
IP address (automatically collected);
web browser type and version (automatically collected);
operating system (automatically collected);
in each case, in accordance with this privacy policy.

How we collect Data

We collect Data in the following ways:
data is given to us by you;
data is received from other sources; and
data is collected automatically.

Data that is given to us by you

Aurora Heritage Planning Ltd will collect your Data in a number of ways, for example:
when you contact us through the Website, by telephone, post, e-mail or through any other means;
when you use our services;

in each case, in accordance with this privacy policy.

Data that is received from third parties

Aurora Heritage Planning Ltd will receive Data about you from the following third parties:
Website tracking application;

Data that is received from publicly available third parties sources

We will receive Data about you from the following publicly available third party sources:
Facebook & Twitter;

Data that is collected automatically

To the extent that you access the Website, we will collect your Data automatically, for example:
we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".

Our use of Data

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
internal record keeping;
improvement of our products / services;
transmission by email of marketing materials that may be of interest to you;
contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;

in each case, in accordance with this privacy policy.

We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:
soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.
if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.

Who we share Data with

We may share your Data with the following groups of people for the following reasons:
our employees, agents and/or professional advisors - For contact, admin and marketing purposes.;

in each case, in accordance with this privacy policy.

Keeping Data secure

We will use technical and organisational measures to safeguard your Data, for example:
access to your account is controlled by a password and a user name that is unique to you.
we store your Data on secure servers.
Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: info@auroraheritageplanning.co.uk.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data retention

Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

You have the following rights in relation to your Data:
Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
Right to erase - the right to request that we delete or remove your Data from our systems.
Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
Right to data portability - the right to request that we move, copy or transfer your Data.
Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: info@auroraheritageplanning.co.uk.
If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Transfers outside the European Economic Area

Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. We also share information with our group companies, some of which are located outside the EEA.
We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.

Links to other websites

This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

Aurora Heritage Planning Ltd may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Aurora Heritage Planning Ltd. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
We may also disclose Data to a prospective purchaser of our business or any part of it.
In the above instances, we will take steps with the aim of ensuring your privacy is protected.

This Website may place and access certain Cookies on your computer. Aurora Heritage Planning Ltd uses Cookies to improve your experience of using the Website. Aurora Heritage Planning Ltd has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Aurora Heritage Planning Ltd to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
This Website may place the following Cookies:

Type of Cookie

Purpose

Analytical/performance cookies

They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

You can find a list of Cookies that we use in the Cookies Schedule.
You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

General

You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

Aurora Heritage Planning Ltd reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact Aurora Heritage Planning Ltd via the Contact page.

5 February 2024

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