Layout of the Building in UK Law

Leading Cases
  • Methuen-Campbell v Walters
    • Court of Appeal (Civil Division)
    • 21 Jun 1978

    We have looked at some of the cases cited in Stroud, but I do not think they afford us any assistance. What is within the curtilage is a question of fact in each case, and for myself I cannot feel that this comparatively extensive piece of pasture ought to be so regarded, particularly where, as here, it was clearly divided off physically from the house and garden right from the start and certainly at all material times.

    In my judgment, for one corporeal hereditament to fall within the curtilage of another, the former must be so intimately associated with the latter as to lead to the conclusion that the former in truth forms part and parcel of the latter.

  • Denis Lowe v (1) First Secretary of State and Tendring District Council
    • Queen's Bench Division (Administrative Court)
    • 06 Feb 2003

    Of the authorities cited to me, I derive most assistance from the decision of the Court of Appeal in Dyer v Dorset County Council, and in particular the judgment of Nourse LJ in the passage already referred to at page 358F-G. The expression "curtilage" is a question of fact and degree. It connotes a building or piece of land attached to a dwelling house and forming one enclosure with it.

  • Campden Hill Towers Ltd v Gardner
    • Court of Appeal (Civil Division)
    • 24 Nov 1976

    Thus, the exclusion by the words of clause 2 of the underlease of "any part of the outside walls" would not have the effect of taking outside the operation of paragraph (a) that which, in the ordinary use of language, would be regarded as the exterior wall of the flat - an essential integral part of the flat, as a dwelling-house: that part of the outside wall of the block of flats which constitutes a wall of the flat, The paragraph applies to the outside wall or walls of the flat; the outside of inner party walls of the flat; the outer sides of horizontal divisions between Plat 20 and flats above and below; the structural framework and beams directly supporting floors, ceilings and walls of the flat.

  • Edwards v Kumarasamy
    • Court of Appeal (Civil Division)
    • 28 Jan 2015

    The word "building" in section 11 (1A) (a) is not defined, and should be given its ordinary dictionary meaning of "structure with a roof and walls". The paved area in which Mr Edwards sustained his accident does not fall within this definition. I agree that, viewed on its own, the paved area where Mr Edwards tripped is not itself a building. In my judgment Mr Kumarasamy's legal easement over the front hall means that the front hall is a part of a building in which he has an estate or interest.

  • Commissioners for Customs and Excise v Zielinski Baker and Partners Ltd
    • Court of Appeal (Civil Division)
    • 17 May 2002

    Item 2 introduces the concept of an "approved alteration of a protected building". It is possible to found an important part of reasoning in favour of the Commissioners on the fact that the alteration in this case was in a practical sense to the outbuilding, not to the House (see para 20 above).

  • Stephens v Cuckfield Rural District Council
    • Court of Appeal
    • 02 Jun 1960

    We doubt very much whether it is right to construe the words of the section by reference to Regulations made under powers therein contained, especially when such Regulations are directed solely to procedural matters such as conferring rights of appeal in certain limited circumstances from an order of the local authority.

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Legislation
  • The Palm Paper Mill Generating Station Order 2016
    • UK Non-devolved
    • January 01, 2016
    ...... “building” includes any structure or erection or any part of a building, structure ... limits shown on the land plan and site location plan and the site layout and works plan; . “relevant planning authority” means the Borough ......
  • Licensing (Scotland) Act 2005
    • Scotland
    • January 01, 2005
    ...... . . (ii) a plan (referred to in this Act as a "layout plan"), in the prescribed form, of the subject premises, and. . . (iii) ... . . (c) relates to a matter (such as planning, building control or food hygiene) which is regulated under another enactment. . ......
  • The Eggborough Gas Fired Generating Station Order 2018
    • UK Non-devolved
    • January 01, 2018
    ...... “building” includes any structure or erection or any part of a building, structure ...S-9 . Power to alter layout, etc., of streets Power to alter layout, etc., of streets . 9. —(1) The ......
  • Caravan Sites and Control of Development Act 1960
    • UK Non-devolved
    • January 01, 1960
    ......purposes of this section model standards with respect to the layout. of, and the provision of facilities, services and equipment. for, caravan ...on the land of any buildings or works, or for the continuance of. any use of the land, to which the ......
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Books & Journal Articles
  • Reviewing and reforming library service points. Lessons in review and planning services, building layout, and organizational culture
    • Nbr. 38-8/9, November 2017
    • Library Management
    • 426-436
    Purpose: To support the success of their students and faculty, libraries have to understand changing user needs. Robust user assessment programs and analysis of service patterns can reveal many of ...
  • The CARM2 print repository: from planning to operations
    • Nbr. 34-4/5, May 2013
    • Library Management
    • 281-289
    Purpose: The purpose of this paper is to present a case study of the planning and construction of a print repository for CAVAL, an Australian consortium of academic libraries. A key service is the ...
    ......The purpose of the building was clarified and specific design elements were considered and agreed on ... a consequence it was necessary to re-site the CARM2 module and the layout of the building and shelving were re-designed to incorporate a connecting ......
  • The Quality Maturity Model: your roadmap to a culture of quality
    • Nbr. 36-3, March 2015
    • Library Management
    • 258-267
    Purpose: – The purpose of this paper is to present the complete details of the Quality Maturity Model (QMM), and the associated Quality Culture Assessment Instrument (QCAI). The QMM provides a fram...
    ......Library staff makes every decision from building design to what books to buy, from how to design an education session to ...Artefacts (e.g. physical layout of the b uilding, dress code, manner in which people address each other, ......
  • What if you build it, and they keep coming and coming and coming?
    • Nbr. 23-1, March 2005
    • Library Hi Tech
    • 22-33
    Purpose: To provide an overview of building use in Lied Library at UNLV from the Library's opening in 2001 through early 2004 and to provide and update on the implications of the ramifications of t...
    ......, Nevada, USA Abstract Purpose – To provide an overview of building use in Lied Library at UNLV from the Library’s opening in 2001 through ...Second, the interior layout of the building integrates technology and service points in a manner that ......
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Law Firm Commentaries
  • Separate Floors: Overrated?
    • Mondaq UK
    ...... ruled that two geographically separate floors of the same office building in the same occupation, must be treated as separate rateable ... may also choose to take a demise of certain staircases if the layout of the building lends itself to this. In the Mazars case the Court ......
  • Green Homes Grant For Homeowners - How Can Housebuilders Seek To Improve Energy Efficiency Long-term?
    • Mondaq UK
    ......create net zero buildings. To have a net zero building means that. any carbon emissions are off-set ...Another option is to focus on. the design and layout of the building. Around 30% of the UK's. emissions derive from the heating ......
  • When Two Does Not Become One
    • Mondaq UK
    ...... rates burden for occupiers of premises on multiple floors of a building or in adjoining units. Business rates are a tax on property and not ... may also choose to take a demise of certain staircases if the layout of the building lends itself to this, in order to demonstrate that the ......
  • New residential planning application requirements for fire safety
    • JD Supra United Kingdom
    A new requirement for Fire Statements to be submitted with certain planning applications for high rise residential buildings and for the HSE to be consulted on such applications is intended to take...
    ...... with certain planning applications for high rise residential buildings and for the HSE to be consulted on such applications is intended to take ... including the applicant’s approach to fire safety, site layout and access for emergency vehicles and water supplies for firefighting.  ......
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